IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


IIM  IIIIM 

IB    12.2 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographicaliy  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 


D 


Coloured  covers/ 
Couverture  de  couleur 


□    Coloured  pages/ 
Pages  de  couleur 


□ 


Covers  damaged/ 
Couverture  endommagee 


□    Pages  damaged/ 
Pages  endommagees 


D 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul^e 


□    Pages  restored  and/or  laminated/ 
Pages  restaur^es  et/ou  pelliculees 


D 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


~~i    Pages  discoloured,  stained  or  foxed/ 
XJ    Pages  d6colorees,  tachetees  ou  piquees 


D 


Coloured  maps/ 

Cartes  geographiques  en  couleur 


□Pages  detached/ 
Pages  detachees 


D 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I    i:    Showthrough/ 
I  \/i    Transparence 


□    Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


□    Quality  of  print  varies/ 
Qualite  inegale  de  I'impression 


D 


Bound  with  other  material/ 
Relie  avec  d'autres  documents 


□    Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


^ 


D 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pa?  6t6  filmees. 


□    Only  edition  available/ 
Seule  Edition  disponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  ete  filmees  d  nouveau  de  facon  S 
obtenir  la  meilleure  image  possible. 


D 


Additional  comments;/ 
Commentaires  supplementaires; 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  r6duction  indiqu6  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

J 

12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Douglas  Library 
Queen's  University 


L'exemplaire  film6  fut  reproduit  grAce  A  la 
g6n6rosit6  de: 

Douglas  Library 
Queen's  University 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  Sast  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim^e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^^^  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — »-  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmds  A  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  filmd  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
iilustrent  la  mdthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

1 


1)1 


ilii 

I 


Y^UR    SEAL    ARBITKA TIOX. 


PROCEEDINGS 


'iF  TIIF. 


Tribunal  of  Arbitration, 


convf<:nei)  at  i-aris 


UNDKR    THK 


TKEATV  HETWEEX  THE  UXITEI)  STATES  OF  AMERICA  AXn  GREAT 
BRITAIN  COXCLUDED  AT  WASHIXGTOX  FEHRIARV  20,  .892, 


F'lK     llllv 


DKTKRMINATIOX  OF  QUESTIONS  BJCTWEEN  THE  TWO  GOV 

ERNMENTS  CONCERNING  THE  JURISDICTIONAL 

RIGHTS  OF  THE  UNITED  STATES 


IN  THE 


WATERS   OF   BERING   SEA. 


VOLUMK    IX. 


WASniNGTON: 

GOVERNMENT    PRINTING    OFFICE. 

181)5. 


3X2  2V).r8 


V.  3 


FUR-SEAL    ARBITRATION. 


ARGUMENT 


OF 


The  United  States 


BEFOUK  TUB 


TRIBUNAL  OF  AP.BITRATION 


CONVET^^D  AT  PAltlS 


UNDKR    TUB 

PEOVLSIONS  OF   THE   TKIJATY   BETWEEN  THE    UNITED 
STATES  OF  AxMEJiICA  ANJ)  GKEAT   BHITAlxV 
CONCLUDED  FEBKUAUY  29,  IsU'J.  ' 


^'  ♦  ■»- 


WASHINGTON,  D.  C. : 

GGVEliiNMENT  PRINTING  OFFICE. 

1893. 


V,9 


C( 


C! 


TABLE  OF  CONTENTS. 


FIRST. 

Wli.1t  law  Is  to  ffovern  the  decision ^•«^ 

AppoiHlix  to  imrt  lirst  (.Mr.  CaiL-r's  ar-nnientr.'.'.".'.' J'f 

Citation,  from  writers  npon  tl.e  law  of  natnrc  an.l  nation's'siu'.win™ 
tb.<  lonn.latlon  of  international  law.  its  relations  to  the  law  of 
natnre,  an.l  tlio  sonrces  from  whioh  the  knowledge  of  it  is  to  be 

derivud 

10 

SKCO.VD. 

The  acquisition  by  Russia  of  jurisdictional  or  other  rights  over  Borin.  Sea 
and  the  transfer  thereof  to  the  United  States 

THIRD. 

The  property  of  the  United  States  in  the  AlasKan  seal  herds,  and  their  right 
to  protect  their  sealing  int.-ivsts  and  industry . 

I.  The  property  ol'  the  United  States  in  the  Alaskai'/JeaTherd ^^'^!! 

The  form  of  the  institntion-commnnity  and  private  propcr'ty"  57 

Ownership  not  absolute '_ 

Summary  of  doctrines  established "^ 

Application  of  the  foregoing  Vrh^ci^U^sZ'uZir^esi^n'^Z;.  "^^ 

perty  in  the  Alaskan  herd  of  seals 

Principal  facts  in  the  life  of  the  fur-seal          ^^ 

Appendix  to  part  third,  division  I  (Mr.  f^nrt^'^ [.r^^:^;t) io«  r>l 

II.  Ihe  right  01  the  United  States  to  protect  their  sealing  interests  and 

iudustiy 

Appendix  to  part  third,  division  n7(.M,".'"l'h.".l'Ms  A," 'rn"  ^^'^"^ 
ment) " 

""*■ - 180— 1SQ 

Additional  authorities  on  the  question  of  property.'.".'.'        'jgo 

FOURTH. 

Concurrent  regulations 

.190-214 

FIFTH. 
Claims  for  compensation 

I.  Damages  claimed  by  the  United  states 215-227 

II.  Damages  claimed  by  Great  IJri  tain  ^^^ 

217 

Si  779 


IV 


TAULIC    OF    CONTENTS. 


SIXTH. 

Summary  of  the  ovidonco 228-313 

I.  Tlio  giMioriil  uatiiro  ami  cliiiriii'tcriHtics  nf  tho  fur  hcuI 230 

II.  Tho  (liU'erenco  between  tho  Ahiskuii  and  the  liussiau  fiir-aeals 232 

A.  Tho  herds  are  dill'ereiit L'33 

B.  Till!  AhiHkun  ih>eH  not  niin^h'  "itli  tlio  KiiM.tian  licrd '2U 

C.  Tlio  Alaskan  fiir-Huals  bav^  but  oiio  Iioiue,  namely,  tlio  I'ribilof 

Iblands.    They  never  leave  this  home  without  the  <uiimua 
reverieind,  and  are  never  seen  ashore  except  on  those  iMlands..  249 

III.  Movements  of  tlio  stals  after  the  l)irth  of  the  young 251 

IV.  Tho  entire  ofUoo  of  reproduction  and  rearing  of  young  is  and  must 

be  pcrforuieil  on  land 254 

V.  The  pup  is  entindy  dependent  upon  its  mother  for  nourishment  for 

Keveral  niontliH  after  its  birth 

Tho  cows  will  suckle  their  own   pujis  only,  and   the  suckling  is 

done  on  lanil 2G1 

VI.  Tho  cows,  while  suckling,  go  to  the  sea  for  food,  and  soiuctimoa  to 
distances  as  great  as  100  and  200  miles,  and  aro  during  such 

excursions  exposed  to  capture  by  [telagic  scalers 200 

VII.  Death  of  tho  cow  causes  tho  death  of  the  ]>ui) 260 

VIII.  The  fur-Bcal  is  a  polygamous  animal,  ami  the  mule  is  at  least  four 
times  as  largo  as  tho  fonialo.  As  a  rule,  each  male  serves 
about  fifteen  or  twenty  females,  but  in  soino  cases  as  many 

as  fifty  or  more  (Case  of  tho  United  States,  p.  327) 286 

IX.  Destruction  by  pelagic  sealing  and  its  extent — tho  remedy  proi^isod 
by  the  British  Commissioners — tho  true  and  only  remedy  con- 
sists in  absolute  xirohibition  of  pelagic  sealing 295 

SEVENTH, 
Points  in  reply  to  the  British  Counter  Caso 314-327 


I 


228-313 

230 

Is 232 

233 

2H 

'ril)i](,f 
<i  litmus 

liiiidH..  240 
251 

1(1  lUllSt 

254 

eiit  for 

ling  ia 

261 

inos  to 
g  Riich 

2G() 

269 

ut  four 
serves 
i  many 

286 

)I>ijsod 
y  fon- 
295 


un  .iar> ,  is.tj,  ,t  may  be  presented  to  the  Tiibuinl  of  \  vuu 
tion  constituted  l,y  that  treaty.  ^nounal  of  Aibitra- 

Very  respectfully,  your  obedient  servants, 

E.  J.  Phelps. 
J.  C.  Cautkb. 
IT.  M.  Blodgett. 
Hon.  John  W.  Foster,  ^'  ^'  ^^^^^^t. 

^(/ent  0/ the  United  States. 


314-327 


-r3  !■ 


P 
P 


ARGUMliXT  or  Tin:  UMTIil)  STATtS. 


Tl,c  „nd.rs,,-„«I,  ..„„„.„.l  f,,,.  „,„  ,,,„•„,„  s„„„».  ,,„,„,,,,„  „,„^  , 

"""J  """"  ""■ '"' '"  "■'"'"  "  "^'^  "•■•■ -"•  ""■■•'■  <l".v  ,    ,,™ 

"■■""'  ""■>  '""■  """■"  "■""  "  '--...I ■,.,. :   „  oM„,.ssi,„  „n      ,• 

7'^'";"";:"; ' " "nv..,;,,.  ,„■„„.  ,„,...,„„„„„, 

r""';'7''  •" "'"  ■'■'■'■'" '  "I"-"  •i-.v  -V  i I,.,.,.  „,»„„„...:; 

,,,.t,,.,,,.o„c,.,,,.,.,.„  i„  „,.H.  ,„., »  „av,.,s,  ,,..,U.«.  .lK.i,-,:„„t,.„vc  . 

eo„o,.,..„l  ,„.b„n.„o„,  l,„t  ,1„.  ,.,„»t  in ,,„„^  „,,„„„    „„,.„  ,J, 

.a.s.»  ,„  „  ,„„  ,„..,,,  „«, „,„,„,,„„„  ,,,„   ,^  ,,,.,„,,,„. 

»M.  co„I,.  „„t  ,„.  roealU.,,.    T„-,„.,  ,. .,  „„„,.,,„,  „ai„„.  „ 

t   l,e,r  e„„n„.„„s  ,..h,i,„.,  „,  ,H.,.„,a„e,„  „„„„■„,,„  .„„,„  ,,  ,„  , 

'"^"-""-'l  "'tli-,t  ..  .,.s„rt  .„  those  „„„ Is  „fvi„Ie,„„„l,i,.| 

«.rry  w,tl,  them  »u,.h  li,„UI„s.,  dostruCi,,,,  a,„l  sanwh,,.    A  just  l„ 
H«c  .s  tl,„s  pa,.,  to  the  civili.e,!  so,„in,e„t  of  ,„a„ld,„l  ,hat  i,-  !  s 
d<.n.,  .    eve.-,  „eoessa,.y;  „„„  that  the  e,„„.h,si„a»  „f  rc...u  .houhl  h« 
mu.lo  to  supersede  the  ei„pl„j-u,ent  uf  force. 


FIRST. 

WHAT  LAW  IS  TO  GOVERN  THE  DECISION  I 

sh!,!',d"at'tr""'?  l""," ""  "  "■  ""  '"  "  "'"""  '"■«'■-  "-'  "-"t 

o  hi  at  the  outset  be  elea.l,   ,.,„h.rsto,„l  what  p.iaeiples  a,„l  ,„h.s 

..re  to  gu,rte  the  Arbitrators  h,  r,,.,-!.  :•,«■  their  eonclasioa  ,    Other  Jise 
Nu,d  that  there  ea„  be  ..„y  serious  di„ereuee  of  o, „u  „p„„  ,„, 

'rh„„„„sei„„.„,es,a„di,„„,e,liuteeo„vi..ti„„of..vervo„ehavi„..auv 
I«rt  lu  the  pro,.ee,Ii,„-Arhit..at„rs  aud  eouusel  aliUe-.isht  be  ::^r 

1 


2 


AKGIJMI'.XT    <)l'    'I'lII-:    I'Mii;!)    STAI'K.S. 


i»l»j)«'iil('(l  to  I'oi'  tlic  rcsitiiiisc  tliiit  the  (Ifli'iiiiiiiatioii  iiiiist  he  jirouiidcd 
upon  jjiiiirip]*  n\'  rii/lit.  It  run  not  ))(■  tliat  two  .meat  nat  ions  lia\c  V(»lun- 
tarily  waived  tlicirown  coiivictions  and  sulnnittcd  tiit'ii'  ri\al  claims  to 
tliedett'nninationsol(a])ii(<'.oi'  lacicly  l('inpoiary('X[)t'di('n('y.  It  is  not 
to  such  empty  and  si  lifty  expedients  thai  national  pride  and  power  have 
paid  their  lM)niaf''e.  The  arbitrament  otlorce  can  l>e  wortliily  icplaced 
only  by  that  ot  riiilif.  This  Tribunal  woidd  l)e  i'oi)I»ed  of  its  sui>i'ein(^ 
dij;nity,  and   its  Jinl.iinH-nt  would  lose   its   \alne,   if   its  deliberations 

should  be  swayed  in  any  de^jree  by  considerations  other  than  those  of 
justice.  Its  proceed in.us  would  no  lonj>er  be  Judicial.  TluMuition  for 
which  the  undeisijiued  have  the  homn-  to  be  retained  is  ]»repared  to 
accei)t  ami  abide;  by  any  deteiininaf  ion  wliicdi  thisTribunal  nuiy  declare 
as  the  Just  eonclnsion  of  law  ni)on  the  facts  as  established  by  the  proofs. 
It  can  not  be  content  with  any  other. 

I)Ut  what  is  the  rule  or  i>ri:iciple  of  rii/lit?  ITow  is  it  to  be  described 
and  wliere  is  it  to  be  found  .'  Tin;  answer  to  this  (piestioii,  thou.uh  not 
so  immediately  obvious,  is  yet  not  open  to  d(»ul)t.  in  saying  that  the 
rule  must  l)e  that  of  rii^ht,  it  is  inteinled,  and  indeed  declared,  that  it 
must  be  a  moral  rule,  a  rule  dictated  by  tin;  moral  sense;  but  this  may 
not  be  the  moral  sense  as  found  in  any  individual  min<l,  or  as  exhibited 
l»y  the  concuriiu<i'  sentiments  of  the  jx'ople  of  any  ]tarticular  nation. 
There  may  be — theie  are — dill'erenees  in  the  moral  convictions  of  tin; 
])eoi»h'  of  dilferent  nations,  and  what  is  ])eculiar  to  (me  mition  can  not 
be  asserted  as  the  rule  by  which  the  condui't  of  another  nation  is  to  be 
controlled,  "^fhe  confruvi'rsy  to  be  determined  arises  between  two  dif- 
ferent nations,  and  it  has  been  subnutted  to  the  judg'nu'utof  a  tribunal 
com])()sed,  in  part,  of  the  eiti/ens  of  several  other  nations.  It  is  im 
nu'diately  obvious  that  it  must  b.e  :Mljndi;'ed  upon  |)rinciples  and  rules 
which  both  nations  and  all  the  Arbitrators  alike  acknowledge;  that  is 
to  say,  those  which  are  dictated  by  that  (jcneral  standard  of  Jnslice 
upon  which  civilized  uations  aic  a.i;reed;  and  this  is  international  lan\ 
Just  as,  in  municipal  societies,  numicipal  law,  aside  from  legislative 
enactnu'nts,  is  to  be  found  in  the  geiier.d  stambird  of  justice  which  is 
aekii(»wle(lm'd  by  the  mem!  lers  of  each  paiticular  state,  so,  in  the  larger 
society  of  nations,  international  law  is  to  be  found  in  the  general  stand- 
ard of  Just  ice  acknowledg<'d  by  tin;  members  of  that  society.  There  is, 
in(h'ed,  no  l((iislati(»i,  in  the  ordinary  sense  of  that  word,  for  the 
soci<-ty  of  nations:  nor  in  I'espcct  to,  by  far,  the  larger  part  of  the 
all'airs  of  life  is  there  any  for  municipal  societiesj  and  yet  there  's 


*s 


WlIM'    1,.\\V    IS    TO    COVKIJX    Tin:    DKITSION 


.  ) 


3 


Ix'   <fr(Mlll(l<Ml 

sliiivevolun- 

iviil  fliiiins  t(i 

icy.     It  is  not 

(1  power  liiivc 

liil\  i('iilac('(l 

f  its  siiitrciuc, 
(IclilKMiitions 

than  tliosc  of 

riic  iiiition  for 

s  ]»io[)!ired  to 

il  may  derlaic 

by  the  prot>ls. 

)  be  dcsciibed 
)n,  thouiih  not 
yinji'  that    the 
■clnied,  that  it 
but  this  may 
)r  as  exhibited 
filial'  nation, 
'tions  of  th(5 
ition  can  not 
ition  is  to  be 
ecu  two  dif- 
of  a  tribunal 
IS.     Tt  is  iiu 
cs  and   rules 
du'c;  tiiat  is 
<ir<l  of  J  Hs  I  ice 
xafioudl  laic, 
mx  lej;islalive 
tice  whicli   is 
,  in  llie  lar.utM' 
general  stand- 
ty.     There  is, 
voi'd.   for   the 
■  part  of  the 
[  yet  there  's 


( 


foi'  the  latter  an  always  existin.n'  laic  by  which  (nery  controversy 
may  b«'  determined,  'i'he  oidy  ditferencc  e\liil»itcd  by  the  tbiincr  is 
that  it  has  no  rej;nlarIy-constitutcd  body  of  cipcrts,  called  Judjyes, 
clothed  with  autiiority  to  declare  tlie  law.  And  this  distinction  is 
wiped  away  in  the  ease  of  the  ])resent  controversy  by  the  constitu- 
lion  of  this  tribunal.  Tliat  there  is  an  inlcniational  Imc  by  which 
(■\ cry  conti'oveisy  between  nations  may  be  adjudged  and  determined 
will  scarcely  be  questioned  anywIieiH^;  but  heie  no  such  questioninj;" 
i>  allowable.  The  jKirties  to  the  contro\'ei'sy  are,  to  employ  a  word 
laiiiiliar  to  them,  rsioppvil  from  raisin<,f  it.  They  have  voluntarily  made 
themselves  |>arti(^s  t<»  w  jndicinl  proceeding;.  !''or  what  purpose  is  it 
that  these  inttions  hav(!  submitted  rival  <;!ainis  to  _;»r//ci\// decision  if 
I  here  is  no  Ic^al  rule  which  <i()veriis  them?  Why  is  it  that  they  have 
provided  for  tlie  selection  of  arl)itrators  prei'minent  Ibi-  their  kn(»wl- 
tiliic  ot'  law,  except  that  they  intended  that  the  law  should  determine 
Ilicir  rival  claims?  Nay,  what  is  the  relevancy,  or  utility,  of  this  very 
argument  in  which  we  are  enjua^i'cd  unless  thei'e  is  an  a.u,i'ee<l  standard 
of  jusrice  to  which  eounscl  can  appeal  ami  ujxui  which  tlie\  can  hope 
t<i  convince?  Tiie  nndersiiiiicd  conceive  that  it  will  tu)t  be  disputed 
that  this  arliitration  was  planned  and  must  \w  conducted  upon  the  as- 
sumption that  there  is  no  place  upon  the  earth,  and  no  transaction 
either  of  men  or  nations  which  is  not  subject  to  the  dominion  of  Liw. 
Kor  can  there  be  any  substantial  difference  <»f  opinion  <'oneerniii<; 
the  sources  to  which  we  are  to  look  for  the  international  standard  of 
justice  which  the  under.siiiiied  hav(^  referred  to  as  but  another  nana! 
for  international  law.  Municipal  and  iiiteriuitioinil  law  flow  equally 
from  the  same  source.  All  law,  whether  it  be  that  which  goveiiis  the 
conduct  of  nations,  or  of  individnals,  is  but  a  i)ai't  of  the  great  domain 
of  etiiics.  It  is  founded,  in  each  case,  u])on  the  nature  of  man  and  the 
environuHMit  in  which  he  is  placed.  The  formal  rules  may  indeed  be 
varied  according'  to  the  dill'criiin'  conditions  for  wiiich  they  aie  framed, 
liul  the  spirit  and  essence  are  everywhere  and  always  the  same.  Says 
Sir  .lames  Mackintosh : 

Tiie  sci<>nce  w  Inch  teaches  the  rights  and  duti«'s  of  men  ami  of  states 
has  in  ni(»dern  tinu'sbcen  styled  ''the  law  of  nature  and  nations.''  I'nder 
this  comprehensive  til  le  ai'c  included  the  rules  of  morality,  as  they  pre- 
M  rilie  the  conduct  of  pri\  ate  mei!  towards  each  other  in  all  the  \ai  ions 
1  riiif  ions  of  human  life ;  as  they  regulate  botii  the  obedience  of  cit  i/ens 
In  the  ;.iws,  and  the  authority  of  the  ma  gist  rate  in  framing  laws  and  ad- 
ministering government :  and  as  they  niodify  the  intei'conrse  of  inde- 
jieiident  co!iiiiion\veaIilis  in  [i(\ice  and  [)rescribe  limits  to  their  hostility 


AKGa.MENT   OF   THE    UNITED    STATES. 


ill  war.    This  iiii])oi't;iiit  sciciico  (•()iiii)rclioii(ls  only  tliat  part  of  private 
etliics  wliicli  is  c;aj)iible  ol'  Itciuji;'  reduced  to  lixed  and  <4eiieral  rules." 

And  Lord  Jiaoon  lias,  in  lanjiiiaijfe  often  quoted,  jiointed  to  the  law 
of  nature  as  tlie  source  of  all  liiuuan  jurisprudence: 

For  (here  are  in  nature  certain  fountains  of  justice,  whence  all  civil 
laws  are  derived  i»iit  as  .--treaiiis.  and  like  as  waters  do  take  tinctures 
ami  tastes  iVom  the  s((ils  tiiror,,i;li  which  they  run,  so  do  ci\  il  laws  vary 
accoidiiiti'  to  the  regions  and  yoveniinents  where  they  are  planted, 
thoii.v.h  they  i>roceed  I'rnin  the  same  fountain.^ 

This  ori,i;iiial  and  universal  source  of  all  law  is  variously  desi-iiiated 
by  dilferent  writers;  sometimes  as  ''the  law  of  nature,"  sometimes  as 
'•natural  justice,"  sometimes  as  "the  dictates  of  rijiht  reason;"  but, 
however  described,  the  same  lliiiin  is  intended.  "The  law  of  nature" 
is  the  most  approved  and  widely  employed  term.  The  uiiiv<u'sal  obli- 
••ation  which  it  imposes  is  declaretl  by  Cicero  in  a  passa.ye  of  lofty 
eloiiueiice  which  has  been  the  admiration  of  jurists  in  every  succeeding 
a,i;e.^ 

And  the  sann^  doctrine  is  inculcated  by  the  .ureat  teacher  of  the  laws 
of  iMigland  ill  language  which  may  haw.'  been  borrowed  from  the  great 
Itomau: 

This  law  of  nature  being  coeval  with  mankind,  and  dictated  by  Ood 
hiniseli'.  is.  <tf  ctmi  se.  supi'rior  in  oi)ligation  to  any  other.  It  is  binding 
over  the  glolie,  in  all  coiiiitii«'s,  innl  at  all  times;  no  human  laws  ar(M)f 
any  validity  if  contrary  to  this,  and  such  of  them  as  are  valid  derive 
all  their  Ibice  and  all  tiieir  authority,  mediately  or  immediaLely,  from 
this  original.^ 

The  dc^licndency  of  all  law  upon  the  law  of  nature  is  happily  ex- 
press<'d  by  Cicero  in  aiiotiier  often  (jiioted  passage:  ''■  Lcr  est  Nuprema 
ratio  iii.silti  a  iinlnr<t  ([luc  juhct  eci  qu<c  fucienda  sunt,  prohibctquc  con- 


'Dissertation  on  tlu!  TjIuv  ofXatnrc,  and  Nations. 

'^])(^  Auj^MK'iitis  Scicnlianini. 

^"Est  (juiilcni  vera  lex  recta  ratio  naturae  eonuriicns,  difl'iisa  in  onincs,  constans, 
Honijiilt'i'iia.  quae  voccit  ail  oflieinm  Jiiliendo.  vet.indo  a  i'rando  deterreat,  (piae  taiiien 
iie(|ue  i)r()l)os  iViistra  Juliet  an  I  \  ct^il,  iiec  iiiiiniiliiisjubeudo  ant  vetando  niovet.  Iliiic 
lej^i  nee  oiiro;;ari  fas  est  neiiiie  di'idL;ari  ex  liae.  ali(|iii(l  licet  neciius  tola  abroj^ari  (lo- 
test.  iHc  vero  ant  jier  senatiiiu  ant  (ler  ])i>|inliini  solvi  liac  lej^o  )iossnuins,  ue<]ne  est 
(piaercndns  explanalur  aiit  intoritres  ejus  alius,  nee  eritalialex  Koinae,  alia  Atlienis, 
alia  nunc,  ;iliu  jiostliac.  sed  et  onuies  t;entes  et  onini  tcnipin'ti  nna  lex  ct  senipiterna 
et  iiiinintaliilis  eont  iiieliit  luiu.'-iiiiisilue  <M'it  connnimis  ([iia^i  niai;ister  et  iniperator 
oiiiiiiuin  dcii<:  iih'  le^i-^  IuiJms  invciilnr,  di,s<'ei(tatiir.  iator,  (  iii  (|iii  non  iiareliit,  ipso 
HO  rii;;iel.  ar  iialurani  liomiiiis  as|ieniiitMS  lioeipso  liiet  niaNiinas  jioenas.  et  iam  si 
caet<Masiipplicia(iiiai'  luitaiil  iir.  rHii'j;ciit,"    (Di)  iJcjiublica,  Lib.  lit.  Cai).XNll,  ^i  W.) 

♦iJluoUstyuo,  (Jom.,  Jiook  J,  ji,  'll, 


•    !> 


b  of  private 
til  rules.' 

to  the  law 


re  all  civil 
u'  tinctnves 
il  laws  vary 
Lie  planted, 

(losin'uated 
jinctimes  as 
asoii;"  but, 
,•  of  nature'' 
liversal  obli- 
.aji'e  of  lofty 
y  succeeding 

r  of  the  laws 
oni  tlie  great 

atod  by  Ood 
It  is  binding 
.n  laws  are  of 
valid  derive 
ilialely,  from 

happily  ex- 


rs 


t  sup 


rema 


Viihctquc  con- 


Hies,  oonstans, 
iit,  (lUiU!  taineii 
lovet.  Hiiic 
Itu  aliio^aii  jx)- 

jlllUS.  1II'I]1U'  t'st 

■,  alia  AthiMiis, 

ct  seiiipiti'iiia 

■!•  ct  iiiiiit'vator 

]iaicliit.  il'Ho 

liH'iias.  ctiaiii  sL 


WHAT  r.AW  IS  TO  (;ovi;i,'N    tiik  dkcision 

trnriii."^  And  it  is  very  cicarly  illustrated  l»y  the  fart  that  tlic  great 
.■\|)(isit()rs  of  the  IJonian  law  in  seeking  foi'  a  concise  foi?inda  which 
would  exjjress  its  original  and  fnndamental  princii)les,  have  simply 
borrowed  or  framed  a  statement  of  the  dictates  of  natural  Justice: 
^^  Juris  pircepfa  sunt  hue:   Iioncsta  vinre,  aUcrum  nou   livdcrc,  n 


uuni 


en 


Vi 


iiue  irlbuire 

Some  writers  have  been  inclined  to  question  the  projjriety  of  designat- 
iiiii  as  law  that  body  of  i)rinci]iles  and  rules  wlii<'h  it  is  asserted  are 
liiiidiiig  upon  nati(»ns,  for  the  reason  that  there  is  no  <()mm<»n  sMperior 
power  which  may  be  api»ealed  to  for  their  enloi'cement.  iJiit  this  is  a 
su]terlicial  view  which  has  received  no  considerable  assent.  The  pnl)- 
lic  opinion  of  the  civilized  world  is  a  jiower  to  which  all  nations  are 
Iniced  to  submit.  Xo  nation  can  afford  to  take  up  arms  in  (hMeiice  of 
an  assertion  which  is  pronounced  by  that  o]»inion  to  be  erroneous.  A 
recent  writer  of  established  authority  has  well  answered  this  objection: 

It  is  sometimes  said  that  there  can  Ix^  no  law  between  nations, 
Itccausc  they  acknowledge  no  common  snpeiior  authority,  no  interna- 
tinnai  executive  ca]»able  of  enlbicing  the  ])rerepts  of  int<'rnational  law. 
'I  his  objection  admits  of  various  answers:  First,  it  is  a  matter  of  fact 
that  states  and  mitions  recognize  the  existence  and  inde|)endenee  of 
each  other,  and  out  of  a  recognized  socii-ty  of  nations,  as  out  of  a  society 
of  individuals,  law  must  necessarily  spring.  The  common  rules  of  light 
npjnoved  by  nations  as  I'cgulating  their  intercourse  are  of  themselves, 
iis  has  been  shown,  such  a  law.  Secondly,  the  contrary  i)osition  con- 
Idunds  tM'O  distinct  things,  namely,  the  physical  sanction  which  law 
(leiives  from  being  enfoi'ced  by  superior  ]to\\(M',  and  the  moral  sanction 
conferred  on  it  by  the  fundamental  i>rinci[)le  of  right;  the  error  is 
similar  in  kind  to  that  which  has  led  jurists  to  (li\-ide  mo'^al  obliga- 
tions into  perfect  and  im]terfect.  All  moral  obligations  are  equally 
perfect,  though  the  nu»ans  of  <'omt>elling  their  performance  is,  humanly 
speaking,  more  or  less  ix'il'ect,  as  they  more  or  less  fall  under  the  coii 
ni/.ance  of  human  law.  In  like  manner,  inleniational  Justice  would 
not  be  less  deserving  of  that  appellation  if  the  sanctions  of  it  were 
wholly  incapable  of  being  enforced. 

But  irrespectively  <tf  any  such  means  of  enlbrccnieiit  llie  law  must 
remain.  (Jod  has  willed  the  society  ol  States  as  He  has  willed  the  so- 
ciety of  individuals.  The  dictates  of  the  conscience  of  both  may  b<' 
violated  on  earth,  but  to  thi'  nati<»nal  as  to  the  indivi<lual  conscience, 
the  language  of  a  ])ro  found  [)liilosopher  is  applicable:  '•  Ibid  it  strength 
as  it  had  right,  had  it  power  us  it  has  manifest  authority,  it  would  ab- 
solutely govern  the  world." 

Lastly,  it  may  be  observed  on  this  head,  that  tlii^  history  of  the 
world,  and  especially  of  modern  times,  has  been  but  incuriously  and 
uiii)rotltably  read  by  him  who  has  not  ])erceived  the  <'ertain  ]S'emesis 
which  overtakes  the  transgres,sors  of  internatioiial  Justice;  for,  to  take 


'Cic.  De  LcyibuH,  Liij.  I,  c.  VI,  ^  G. 


■Just.  I,  1.  6, 


■i 


0 


Ai.Mir.MKN'r  OK  Tin-:  imtki)  statf.s. 


l)ii|- one  iiisliiiict',  w  liiit  iiii  "  Hind  nl' \v<i('s  "  diM  llic  prccodciil  of  tli« 
liist  paitiridii  (tf  I'dlaiid  ojini  t<»  the.  kiii^doiiis  who  |);irti('i]»;it('(l  in  that 
jiiicvoiis  inriiictioii  ol' international  law!  The  Koinan  law  nohly  rx- 
] Messes  a  yicat  moral  truth  in  the  niaxiin. '•  .Inrisjnrandi  (;ont(Mni>t!i 
rclij^io  satis  Dcnni  liahct  ultort'ni."  The  coiunicntary  ol' a  wise,  and 
learned  T'lcneh  Jurist  upon  these  words  is  reniarkable  an<l  may  not  in 
aptly  close  tliis  tirst  part  of  the  work:  "  Paroles  {he  says)  (jn'on  jxnit 
appliijuer  ('ualement  a  toutc;  infraction  des  loix  natuiclles.  I^a  Justice 
de  TAuteur  de  ces  loix  n'est  ])as  moiusarmee,  coutreeeux  (jui  U's  ti'ans- 
^i<'ssent  (|ue  eontre  les  vi(dateurs  du  sernuMit,  (jui  u'ajoute  rieu  a  I'obli- 
fiati«)n  de  les  observer,  ni  A  la  force  de  nos  en<jra,!.;iMnents,  et  qui  ue  sert 
<|u'a  nous  rai»pe]er  le  souvenir  de  eette  Justice  inexorable."  (IMiilli- 
more's  Interuacional  Law,  third  edition,  iiondon,  ISTl),  V(»I.  I,  section 

LX.)' 


'I'hat  there  is  a  measure  of  uncertainty  coiiceiiiiuft'  the  precepts  of  the 
law  ot'nature  and,  coiise(|uently,  in  international,  law  which  is  derived 
from  it.  is  indeed  true.  This  unceitainty  in  a  <;reater  or  less  dejjree  is 
found  in  all  the  unual  sciences.  It  is  exhibited  in  municipal  law 
althou^^h  not  to  solarji'e  an  extent  as  in  inter  nationallaw.  Law  is  matter 
of  opinion ;  and  this  dillers  in  dilferent  countries  and  in  different  aiLjes, 
and  indeed  between  dilferent  nn'iuls  in  the  same  ccmntry  and  at  the 
sauu'  time.  The  loftiest  ]»iecepts  of  natural  Justice  tuiijiht  by  the  most 
elevated  and  reliiu'd  intelligence  of  an  aye  may  not  be  acciuiesced  in  or 
ap])reciated  by  the  majority  of  men.  it  is  thus  that  the  rides  actually 
enforced  by  municipal  law  often  fall  short  of  the  hi,nhest  standard  of 
natural  Justice,  l-hroneous  decisions  in  municipal  tribunals  are  of  fre- 
(pient  occurrence.  Such  d»M'isious.  although  erroneous,  nnist  necessarily 
be  accepted  as  declarative  of  the  rule  of  Justice.    They  represent  the 


'  Tlic  duties  of  iiion,  of  fiiibjc'its,  of  iiriiiccs,  of  lawyivLTs,  of  iii:ij;'istrat('.s,  and  of 
statiH  arc  all   )iailM  of  one  coiisi.stcnt  system  of  universal  morality.     Hotwc'on  the 

IMS  of  moral  iiliilosoi)liy  and  the  most  comiilicated 

oil.     Tlio  jirinciplc  of 


lost  alistrai 


uid  eleiiieiilarv  in 


siilislsls  a  coniicrtl 


coiit  ro\  eisies  of  <i\il  ,nid  |Mildic  law  tlicri 
Jiistii'e  dccpls  rnoicd  in  tjir  nature  ami  interests  of  man  iieivades  the  whole  system 
ami  is  dis(o\  eialde  in  every  i)ait  td'  it,  even  to  the  minutest  raniilieation  in  a  Ic^al 
formality  or  in   the  construction  of  an   artiehi  in  a  treaty. — (.sir  J.inies  Macintosh, 


hi 


seonrsc  on  t  lie 


.AW 


ot'  Nature  and  Nat  i 


'(/)   filK 


Ml',  .lust  ice  Sior\  savs  ; 


'file  true  fnund.it  ion  on  which  th(^  ailministration  of  ii 


ternati(Mial  l.iw  must  rest  is  that  ti;e  rules  which  arc  to  jidvernare  those  which  ari 


frum  mutual  interest  and    utility,  from, a   sc 


)t'  the   inconveniences  which  would 


re-~nlt  from  a  contrary  doctrine,  and  fnun  a  sort  of  moral  necessity  to  do  justice  in 


onler  that  justice  may  he  done  to  ns  in  relui 


(  Contliet  of  Laws,  eh 


And,  sittiiiii'  as  a  jiid);c,  h<'  dccl.ircil :  "  lint  I  think  it  m.iy  l)e 


i'(|Uivoca 


11,  sec. 
Iv  alfii 


that  every  doctrine  that  ni.iy  he  f.iiilv  deduceij  hy  correcli  reasoninii  from  tin'  riirht^ 


dnti 


nations  ami   tlie   iiatuic  of   niural   (ddiLjatious  in.av  theoretie.illv   hi 


Haiti  to  exist  in  the  law  id'  nali 


.iiid.  unless  it  lie  relaxed  or  wiiiviid  by  the  eon- 


sent  of  mit  ions,  whicli  ma\  1 v  iihuccd    liy  their  jicneral   practice  and  enstoin.  it 

may  lie  enforced  liy  a  court  ol'  jiisiicc  w  iierover  it  arises  in  judgment."     (Ijii  .Jouno 
Euy(5uie,  2  Alason's  Ivcports,  p.  ll'J.) 


■lit    of  tll« 

t'd  in  that 
nobly  t'X- 
•(tnt<'nii»tii 
wise  and 
ay  not  in 
^li'on  pent 
],ii  Justice 
I  les  tians- 
(Mi  a  I'obli- 
jui  nt'  srrt 
,"     (IMiilli- 
,  I,  section 

'Ci)tsof  the 
L  is  derived 
is  dejjice  is 
licipul  law, 
i\v  is  matter 
(event  aj^'es, 
and  at  the 
by  the  most 
liesced  in  or 
h's  actually 
standard  of 
s  are  of  frc- 
necessarily 
)resent  the 

IMtl'.S,    lllltl    of 

ISotwi'cn  the 
tt  (;'()iiii>li<"tti'tl 
c  i)riiicii»l<'  <)!' 

whole  syslciii 
tion  in  a  h'.u;!il 
les  Macintosh, 

str;itioii  of  u\- 
)sc  wliifh  iii'isi^ 
!i  wliiih  woiihl 
>  do  jiistii'o  in 
■h.  ii.  SCI'.  :).").) 
oially  alhniuMl 
IVoiii  till'  riirlitH 
icori'tii'Mlly   hi' 
I'd  hy  the  eoii- 
aiiil  eiiHtoiii.  it 
i."     (l>:i.Ioinio 


WHAT    J. AW    IS    To    (iOVKHX    THE    DECISION?  7 

iitilioniil  stdndiii'd  of  jimCur  acce[>ted  and  adoi)ted  in  stales  where  they 
lire  pr<»n(tuiu!ed.  So  far  as  they  an;  wnuio'  they  will  ultimately  be  eor- 
K'cted  as  nearer  apjjroaches  are  made  tit  the  truth.  80  also  in  inter- 
national law,  the  actual  ]>raclice  of  nations  does  not  always  conform  to 
rlicrlevatiMl  ])rcce])ts  of  the  law  of  nature.  In  such  cases,  however,  the 
actiiiii  jtiactice  must  be  accei>ted  as  the  rule.  It  is  this  which  exhibits 
what  may  be  called  the  inteiiiational  standard  of.justice;  that  is  tosay, 
that  standard  ujxni  which  the  nations  of  the  world  are  a,ur«'ed.  As 
iiiiiiiitiiial  lawendjraces  so  iuucli  of  natural  justice,  orthelaw  of  nature, 
as  the  iMiiniciital  society  leeooni/es  and  enforces  upon  its  members,  so, 
nil  tiie  other  hand,  international  law  embraces  so  much  of  the  same  law 
(if  nature  as  the  society  of  nations  recooiiizes  and  enforces  u])on  its 
iiiciMbers  in  their  relations  with  each  other.  The  Supreme  Court  of  the 
liiited  States,  speaking-  through  its  gieatest  Chief  Justice,  was  obliged 
to  declare  in  a  celebrated  case  that  slavery,  though  contrary  to  the  law 
ni  nature,  was  not  contrary  to  the  law  of  nations;  and  an  lOiiglish  jiulge, 
11(1  less  illustrious,  was  obliged  to  make  a  like  declaration."  I'erhaps 
ihr  sametiiiestion  would  in  the  present  UKue  humane  time  be  otherwise 
ih'ii'iiiiincd. 

I '.lit.  although  the  actual  practice  aud  usages  of  miti<ms  are  the  best 
(•\  iilciice  of  what  is  agreed  upon  as  the  law  of  luitions,  it  is  not  the  only 
(■\  iihiice.  These  prove  what  nations  hiive  in  fact  agreed  to  as  binding 
law.  15ut,  iu  the  absence  of  evidence  to  the  contrary,  nations  are  to 
lie  pnsKined  to  agree  upon  what  natural  and  universal  Justice  dictates. 
It  is  uptm  the  basis  of  this  presumption  that  municii)al  law  is  from  time 
In  time  developed  and  enlarged  by  tin  decisions  of  judicial  tribunals 
ami  Jurists  which  make  up  the  unwritte:  nninicipal  Juri.sprudeiu'e. 
'-^iivercigu  states  are  presumed  to  have  sanctioned  as  law  the  general 
ininciitles  of  Justice,  aiui  this  constitutes  the  authority  of  municipal 
trjlumals  to  declare  the  law  in  cases  where  legislation  is  silent.  They 
air  not  to  c(Miclude  that  no  law  exists  in  any  p'.irticular  case  because  it 
has  not  been  provided  for  in  jxisitive  legislation.  So  also  in  interua- 
lional  law,  if  a  case  arises  for  which  the  ])ractice  and  usages  of  nations 
ha\e  furnished  no  rule,  an  international  tribunal  like  the  present  is  not 
til  infer  that  no  rule  <'xists.  The  consent  of  nations  is  to  be  presumed 
ill  hivor  of  the  dictates  of  mitural  Justice,  and  that  source  never  fails 
to  supply  a  rule. 

li'tlie  foregoing  observations  are  well  founded,  the  law  by  which  this 

'The  Aiitolopo  10,  Wheatoii's  Ui'ports,  p.  12(1;    Ihe  Louis,  2  Doils,  238. 


8 


AT?nr>'r.NT  or  the  united  states. 


Tnlmnal  is  to  be  fyuidcd  is  the  law  of  nations;  and  tlic  sources  to  wliicli 
we  arc  to  lo(»k  fortliatlaw  upon  any  question  wliicii  may  arise  are  tliese: 

First.  Tiie  actual  practice  and  usaj;es  of  nations.  These  are  to  bo 
learned  from  history  in  the  modes  in  which  their  relations  and  inter- 
course with  one  another  are  conducted;  in  the  acts  commoidy  done  by 
them  without  objection  from  other  nations;  in  tiie  treaties  which  tiiey 
make  with  each  other,  althouj^li  these  aie  to  be  viewed  with  circum- 
spection as  beiiiji'  based  often  upon  temporary  and  siiiftinj^'  considera- 
tions, and  sometimes  exacted  by  the  more  powerful  from  the  weaker 
states;  and  in  their  diplomatic  correspondence  with  each  other,  in  which 
supposed  principles  of  tlie  law  of  nations  are  invoked  and  acceded  to. 

Second.  The  jud^'nents  of  the  courts  which  profess  to  declare  and 
administer  the  law  ot  nations,  such  as  ])rize  courts  and,  in  some  in- 
stances, eourts  of  admiralty,  furnisli  another  means  of  instruction. 

Third.  Where  the  above  mentioned  sources  fail  to  furnish  any  rule 
resort  is  to  be  had  to  the  j:>;vGiit  source  from  which  all  law  Hows,  the 
dii'tates  of  right  reason,  natural  justice;  in  other  words,  the  law  of 
nature. 

Fourth.  And  in  ascei'taininj?  what  the  law  of  nature  is  upon  any 
particular  question,  The  municipal  law  of  States,  so  far  as  it  speaks  with 
a  concurrinfr  voice,  is  a  prime  tbunrain  of  knowledge.  This  is  for  the 
reason  that  that  law  involves  the  law  of  nature  in  nearly  every  con- 
ceivable way  in  which  it  speaks,  and  has  been  so  assi<luously  cultivated 
by  the  study  of  ages  that  few  questions  concerning  right  and  Justiee 
among  nuMi  or  nations  can  be  found  for  which  it  does  not  furnish  a 
solution. 

Fifth.  And,  finally,  in  all  eases,  the  concurring  authority  of  Jurists  of 
establislied  r(>putati<»n  who  have  made  the  law  of  nature  and  nations 
a  study  is  entitled  to  respect. 

Mr.  Chief  Justice  Marshall  has  expressed  from  the  bench  of  the 
Supreme  Court  of  the  United  States  what  we  conceive  to  be  the  true 
rule.     He  says: 


The  law  of  nations  is  the  great  source  from  which  we  derive  those 
rules  respe(!ting  belligerent  and  neutral  rights  which  are  recognized 
by  all  civili/ed  and  commercial  states  throughout  JMirope  and  America. 
This  law  is  in  part  unwritten,  and  in  i>art  conventional.  To  ascertain 
that  which  is  unwritten  we  recur  to  the  great  i)rinciples  of  reason  and 
Justice;  but  as  these  pi'im'ii)les  will  be  (liiferently  understood  by  dif- 
ferent nations  under  dillerent  circumstances,  we  consider  them  as 
being,  in  some  degree,  rendered  lixed  and  stable  by  a  series  of  Judicial 
decisions.  The  (lecisions  of  the  courts  of  every  country,  so  far  as  they 
are  founded  upon  a  law  coniniou  to  every  country,  will  be  received 


3Sto  which 
are  these: 
are  to  bo 
iiiul  iiiter- 
ly  (h)iie  by 
vhich  they 
li  circnin- 
coiisidera- 
lie  weaker 
r,  ill  which 
eded  to. 
cliire  and 
11  some  iii- 
ction. 
1  any  rule 
lh>ws,  the 
le  law  of 


WHAT    I.AW    IS    TO    GOVKK-X    T,,,.:    DKciSTON? 


not  iis  niithoritv,  but   wifii   vo<u,u.^      -n       .     •  • 

.v-ryouMrry  slum-  hon     . !  I   ;'  .'^l.ti'  '^  :!  "r""!^  '"'  ^1'"  -"'••fs  of 

-'-'"1   i"  that  countrv,  and     -ilV  ,///////',''  ^''^^ -'^''''^  ^ 

i.l.  is  to  prevail  in  this.'  ^<'"«'acrcd   ,n  a.luptiny-  the  rule 

James  (J.  Cartiok. 


uli 


;siNf,v  iroo.sl,..:Ml,s  ..fS.wir  v.  lioyl..,  !.  Z^^^^^^i:^^~^.>j 


upon  any 
eaks  with 
is  for  the 
very  con- 
•ultivated 
id  jnstice 
furnish  a 

jurists  of 
I  nations 

•h  of  the 
the  true 


ive  those 
'cof»nized 
America, 
ascertain 
ason  and 
1  by  dif- 
tlicm  as 
f  Judicial 
r  as  they 
received. 


10 


AUUUMENT   OF    TIIM    UNITED   STATES. 


APl'KXniX  TO  PART  FIRST  (MR.  CARTER'S  ARGUMENT). 


CITATIONS  FROM  WRITERS  UPON  THE  LAW  OF  NATURE  AND 
NATIONS,  SHOWING  THE  FOUNDATION  OF  INTERNATIONAL 
LAW,  ITS  RELATIONS  TO  THE  LAW  OF  NATURE,  AND  THE 
SOURCES  FROM  WHICH  THE  KNOWLEDGE  OF  IT  IS  TO  BE 
DERIVED. 

[l'(iMi;i;()Y.     Loctiiros  on  International  Law,  cd.,  188G.,  cli.  i,  socs.  29,  30,  31,  33, 

Siu'.  l'!>.  (2)  A  liiif-o  imnilxT  of  rules  wiiicli  <;ovoni  tlio  unitnal  rola- 
fiuii.s  of  slates  ill  tlieir  corpoiate  capaeit.v  are  ]»i<>i»eily  calltMl  iiitmia- 
Ihnutl  law,  on  aecoimt  :)f  the  ohjects  uliich  tliey  sul)sei've  and  tlu'  lifi'lits 
an<l  duties  they  ('i'<'ate.  Tliey  are  also  properly  lnn\  because  they  have 
been  esinblished  by  paitieular  states  as  a  part  of  their  own  niuniei]»al 
systems,  and  ai'e  enlbiced  by  tlieii'  jiuiieiary  and  exei-utivc  in  the  same 
niaiineias  other  ]>ortions  of  the  local  codes.  They  are  in  fact  principles 
<»f  the  law  of  nature  or  nu)rality  put  in  the  Ibrin  of  human  coini  land.s, 
and  clothed  with  a  hunniii  sanction. 

(.'i)  What  is  called  iideruat  ioiuil  law  in  its  general  sense,  I  would 
teiui  iidei  lational  morality.  It  consists  of  those  rides  founded  upon 
jiisliee  and  ecpiity,  and  deduced  by  iij;lit  reason,  accordiiin' to  wliicli 
independent  states  aie  accustomed  to  re<;ulate  their  mutual  inttu'- 
course,  and  to  which  tliev  confoiin  their  mutual  relations.  These 
rules  have  no  bindinu'  tbrci^  in  themselves  as  law:  but  states  are  more 
and  inoie  impelh'd  to  observe  them  by  a  deference  t»t  the  .ijeu- 
eral  public  oitiiiioii  of  Chi  isteiidom,  by  a  e<»nviction  that  they  are  rijiiit 
in  themselves,  or  at  least  e.\!)e<lieiit,  or  by  al'ear  ol'  ]»rovokin!L>'  hostilities. 
This  moral  sanction  is  so  stron,<i'  and  is  so  constantly  increasinji'  in  its 
l»ower  and  etfect.  that  we  may  with  propriety  say  these  rules  create 
rights  and  corresiiondinii'  (iuties  which  Ix'lonj;,'  to  and  devolve  upon  in- 
dependent stat<\s  in  their  corporate  political  cajiacities. 

Sec.  M),  We  thus  reach  the  c(»ncliisioii  that  a  larye  portifui  of  inter- 
national law  is  rather  a  branch  of  ethics  than  of  positive  human  juris- 
l)rudeuce.  This  fact,  however,  alfor<ls  no  <iround  for  the  Jurist  or  the 
student  of  Jill  ispriideiicc  to  ncfi'lect  the  scieix-e.  Indeed,  thi'iH^  is  the 
j;reater  advantan'c  in  its  study.  Its  rules  are  based  u])on  abstract  Jus- 
tice; they  are  in  coidbrmity  with  the  deductions  of  ri<;lit  leason;  liav- 
in.u'  no  positixe  iiuman  sanction  they  ajipeal  to  a  higher  san(;tion  than 
dotlie  jirecepts  of  iiiiiiii(ii)al  codes.  All  these  features  clothe  them 
with  a  iioliler  character  than  that  of  the  ordinary  civil  Jurisprudence, 
as  (lod's  law  is  more  jieiiect  than  liunian  lejiislation. 

Si'.c.  .'}1.  The  preceding  analysis  of  the.  nature  an<l  characteristics  of 
international  law  enables  us  to  answer  the  general  ipiestion,  What  are 
its  sources?  If  we  couline  our  attention  to  that  jxntion  which  is  iu 
every  sense,  of  the  term  strictly  inteniatioiial,  and  is  therefore,  as  we 
have  seen,  morality  rather  than  law,  these  sources  are  i)lainly  seen  to 
be:  (1)  The  I)i\iuelaw:  (1!)  I'lnli.uhteiied  rcasitn  acliiig  upon  the  ab- 
stract i)riuiii)les  of  ethics;  and  (.">)  The  consent  of  nations  in  adoptinjj 
the  particular  rules  thus  drawn  from  the  generalities  of  the  moral  law 


AITHNDIX    TO    I'AIM'    IMUsT, 


11 


hy  til''  aid  <»r  ii,iilit  iciisMii.  It  is  only  w  illi  tliis  |Hirf  ion  of  iiifciliatioiiiil 
l;i\\  that  we  iKM'd  ii<»w  ••(Hiccni  omsclvcs.  Tluit  otlicr  |ioi  tioii  w  liicli  I  li;i\ c 
alicaily  (li'sri'ihcd  iis  iiiti'riiatii)iial  (»iily  in  its  ultjccts.  iin<l  strii'tly 
national  and  nuinici|ial  in  its  creation  niid  siuictions,  spiinu's  iVoni  tlic: 


ENT). 

JRE  AND 
ATIONAL 
,ND  THE 
3    TO    BE 

),  30,  31,  33, 

iitnal  rola- 

(1   intcrnd- 

tlio  riji'lits 

they  liave 

municipal 

1  the  same 

printiplcs 

;omi  lands, 

'.  T  Avonld 
ndcd  upon 
<••  to  which 
tual  iutiT- 
Thcse 
s  arc  mofo 
the  .iien- 
y  are  rijilit 
liostilitii's. 

sinji'  ill  it^ 
des  create 
va  upon  in» 

)n  of  inter- 
im an  jurivS- 
tist  or  the 
icre  is  the 
)stract.jiis- 
ason;  hav- 
;tion  tliaii 
othe  them 
4»rudeiu'.e, 

teristics  of 
What  are 
which  is  iu 
Ibi'c,  as  we 
nly  seen  to 
)oii  the  ab- 
n  adoptiti.u: 
3  moral  law 


siine  sources  whence  ail  of  the  internal  law  ol  ;i  particular  State  arises — 
lioin  IcLiislatnres  and  the  decisions  ot  courts.  \\'e  wilitlifn  itridly  con- 
sider liiesc  principal  soniccs.  or.  if  1  may  usf  tlie  cxpicssion,  fountains 
rmiM  which  tlow  the  streams  of  the  /».v  inter  f/uifrs. 

Sue.  .">.">.  (li)  L'rdsoti.  I'lUt  the  precepts  of  the  moral  law.  either  as  con- 
tained in  the  written  word,  or  as  felt  in  tlie  cttnsciousness  ot' t  lie  Ininian 
laec.  are  statements  of  broad.  ;:eneral  i»rinci|iles;  they  are  the  ycrms, 
the  fructityin.ii'  jtowers:  they  must  be  dcvchqied,  must  be  east  in  a  more, 
practical  and  dogmatic  form  to  meet  tlie  countless  demands  of  each  in- 
dividnal,  and  of  the  societies  we  call  nations,  i'o  this  end  we  must 
aiipeal  to  reason ;  ami  hence  the  second  source  which  1  have  mentioned, 
namely,  enlijihteiicd  reason  actinji,'  ui»on  tlie  abstract  jirinciples  of 
morality.  1  can  not  now  sto]»  to  illustrate  this  proposition;  we  shall 
meet  many  ]>ertinent  examples  in  the  course  of  our  invest  iuations.  I 
wish  now,  however,  to  dwell  iip(»n  on«^  fact  of  ^reat  im|)ortance — a  fact 
w  iiicli  will  help  you  to  avoid  many  diflicidties,  to  reconcile  many  dis- 
crcjiancies,  to  solve  many  iincertaincies.  This  fact  is,  that  an  interna 
tioual  law  is  maiidy  based  upon  the  yeiuM-al  principles  of  i)ure  morality, 
1111(1  as  its  particular  rules  are,  mainly  drawn  tlieicfrom,  or  are  intendecl 
to  l»e  drawn  therefrom,  by  reason,  it  is,  as  a  science,  the  most  pioj^res- 
si\e  of  any  department  of  Jurisprudence  or  legislation.  The  improvi^ 
iiient  of  civiii/ed  nations  in  culture  ami  refinement,  the  more  complete 
iiiitierstandin^'  of  rij^hts  and  duties,  tlie  j;rowin,y'  appreciation  of  tlu^ 
tiiitli  that  what  is  riyht  is  also  expedient,  have  told,  and  still  do  tell. 
upon  it  with  sudden  and  surprisini--  effect. 

The  result  is  that  do(!trines  which  were  uinversally  received  a  jicner- 
ation  since  are  as  universally  rejec<ed  now;    that    ])iecedents  which 

ere  universally  c()nsidci<'d  as  binding'  a  (piarter  of   a  century  ajjfo 
Id   at  the  juesent  be   passed  by  as  without  force,  as  acts  which 


\\ 


won 


could  not  I'lidure  the  liji'ht  of  more  modern  investigation.  More  ])ar- 
ficiilarly  is  this  true  in  respect  to  the.  rules  which  deline  the  rij:hts  of 
lielliji'crcnts  and  neutrals.  The.  latest  works  of  ICuropean  jurists  are, 
as  we  shall  see,  conceived  in  a  far  dincicnt  spirit  from  standard  tr«>at- 
ises  of  the  former  ji'encralion.  It  was  the  entire  i,u'norin;4'  or  ibrj^ctful- 
ncss  of  this  evident  and  most  benign  fact  by  Mr.  Senator  Sumner, 
ill  the  c<lebrated  and  clalxnate  speech  which  he  d<'livered  a  few  yeai's 
since  ui>nu  the  iidernational  policy  of  Knylaml.  that  rendered  the 
speech  idterly  useless  as  an  aruunuMit,  exjiosed  it  to  the  criticism  of 
I'juoiiean  jurists,  and  left  it  only  a  monument  of  unnecessary  labor  in 
rakiiiy  ni)  old  precedents  from  history,  which  no  civilized  nation  of  our 
own  day  would  (piote  or  ndy  upon. 

The  IJomaii  law,  that  woinlerlul  lesult of  reason  woikini:- upon  a  basis 
i>l' abstract  ri,ii'lit,  is  lari;ely  a]tpealed  to  in  international  (lis<'ussions.  as 
( ontaininii'  rules  which,  at  least  by  analoi>y.  may  serve  to  settle  inter- 
national disputes.  No  one  can  be  an  accomplished  diplomatist  without 
a  familiar  acquaintance  with  much  of  this  inunortal  code. 

[Pliillhnore.     Iiitcniatioiial  law,  1871,  cb.  iii,  paj^os  1 1-28.] 

XIX.  *  *  *  What  are  in  fact  the  fountains  of  international 
jurisprudence?"     *     *     * 

XX.  Grotius  enumerates  these  sources  as  being  "/^wa  natunt,  leges 
divina:,  mores,  et  jjucta.''' 


J 


12 


ALMJIMKNT    OF     IIIi:    I'MII'.It    STATES. 


Ill  17."t.'?  tlio  r.rilisli  ( iovciiiiiH'iit  iiiiidc  :iii  iiiiswn  t(»  ii  inciiKiiiiil  of  tlio 
rnissiiiii  ( lovcriiiiK'iil  wliicli  was  tciiiud  l»y  Mniitcsiniini  r(  /n  use  stnis 
rri>liiiiii\  and  wliicli  lias  liccii  ;;('ii('i'ally  i'<'ru;;iii/(Ml  as  our  of  tlic  ablest 
('.\|H»sif i(»iis  nt'  ifitcniat ioiial  luwcNcr  ciiiliodicd  in  a  state  itapcr.  In 
this  nu'iiiuial)!*'  doriiiiK'iit  "'riic  I^aw  ot  Nations"  is  said  to  !)('  loiiiidcd 
npoii  jiisticf.  ('(|iiif y,  t'onvciiiciicc,  and  11  ic  reason  of  the  tliiiiy  and  r.ou- 
liniied  by  loin;  iisayc. 

\\l.  'I'liese  two  staleiiieiits  may  be  said  to  enibraco  tli(!  siibstiiiMie 
of  Jill  that  can  be  said  on  this  subject.     *     *     * 

\\ll.  .'Moral  iii'isoiis  are  ydvenied  ])artly  by  Divine  law.  *  #  * 
whicli  includes  natural  law — partly,  by  |)osili\e  iiislitiited  hiiinaii  law. 
*     #     # 

States,  it  has  been  said,  are  reciprocally  recognized  as  moral  pei'- 
sons.  States  are  thcrelore  jiovenied.  in  their  mutual  relations,  partly 
by  Divine  and  partly  by  |»ositi\e  law.  Divine  law  is  eithci' (1 )  that 
which  is  written  by  the  liniicr  ot  (lod  on  the  heart  ot  man.  when  it  is 
<'alled  natural  law  ;  or  (L5)  that  which  has  been  luiraciiloii.dy  made 
known  t(»  him.     *     #     * 

Will.  The  primary  source,  then,  of  international  .iiirispnidoiu'e  i.s 
Divine  law. 

XW'I.  *  #  *  Cicei'o  maintains  that  (lod  has  <:iveii  to  all  men 
eonscieiMc  and  intellect;  that  where  these  exist,  a  law  exists,  ot  which 
all  iiu'ii  are  common  subjects.  Where  there  is  a  cinumnn  lair,  hearj-uos, 
tln-reisa  coniiiKni  /-///A/.  Itindinjinnire  closely  and  \  isibly  ii])on  the  mem- 
liers  t»t  ea<'!i  separate  state,  but  so  knit  t  in^;'  ti-j^ct  her  the  iinivcise.  •'  iit 
JKin  iinirrrsiis  hie  )iuin(1ns  una  cirllos  sit,  comiininis  /honnii  altjuc  homi- 
vinii  c.risfi  1)111  ikIii.'''' 

That  law,  this  fjjroat  jurist  snys,  is  immortal  and  unalterable  by  i)riiK'e 
or  people.     *     *     * 

XXXI.  This  would  be  called  by  many  who  have  of  late  years  written 
on  the  science,  international  itiordlili/;  they  would  restri<'t  the  term  lair 
absolutely  and  entirely  to  the  treaties,  the  customs,  and  the  practice  ot 
nations. 

Itthiswere  a  mere  question  as  to  the  theoretical  arran<;einent  of 
th(!  subject  ot  international  law,  it  would  be  of  but  lillle  importance. 

*  *  *  J5ut  it  is  ofureat  ])ractical  imi»ortance  to  maik  the  sub- 
ordination of  till'  law  derived  from  the  consent  of  states  to  the  law  de- 
rived from  (lod. 

XXXII.  *  *  *  Another  ])ractical  consequence  is  that  the  law 
derived  from  the  consent  of  Christian  states  is  re>tricted  in  its  opera- 
tion by  the  divine  law:  and  Just  as  it  is  not  morally  comiieteiit  to  any 
individual  state  to  make  laws  which  are  at  varianc*'  with  the  law  of 
tJod.  whether  natnral  or  re\-ealed,  so  neither  is  it  morally  eomiieteiit  to 
any  assemblage  of  states  to  make  treaties  or  adopt  customs  winch  con- 
travene that  law. 

lN)sitive  law,  whetlier  national  or  inteniatioiial,  beiuj;'  only  declara- 
tory, may  add  to,  but  can  not  take  from,  the  i)roiiibitioiis  of  divine 
law.  '■'•Cirilis  ratio  cirilia  (piidtm  jura  corrinnpcrc  potist,  naturalia 
non  ntitiut','''' \ii  the  laii,tiua.ue  of  Kuman  law;  ami  is  in  harmony  with 
the  voice  of  interiKiLioiial  Jurisprudence  as  uttered  by  Wollf:  ^'Ahsit 
rero,tit  e.riNtimes,juN  (letiihim  ri>luntarii(iii  ah  ranim  rohdifate  ita projis- 
cisei,  vt  libera  sit  eanim  in  eoilvm  condciulo  rdlinitas,  ct  .stvt  pro  ratione 
sola  volinitas.  nulla  liahila  rafioiir  juris  natiiralis.'^ 

XXXIII.  This  branch  of  the  subjeitt  may  be  well  concluded  by  the 
invocation  of  some  hi^h  authorities  from  the  jiirisi)rudeuce  of  all 
countries  iu  support  of  the  foregoing  opinion. 


Al'I'KNIHX    To    I'AKl'    FIUST, 


13 


le  substance 


i  iiioi'iil  per- 
lions,  piiitlv 
thcr  (1)  tliii't 
II,  wiicii  it  is 
l(»uslv   iiiado 


II  to  ill!  iiifii 
■(ts.  ol'  wliicli 
ir,  iicarji'iu's, 
ion  till'  inciu- 
iiiivcrst'.  "  lit 
I  ((l<iiu'  homi- 


oars  writtoii 
lie  It'iiii  la>r 
('  iniicticc  of 

laTiuciiuMit  of 
iniportaiict'. 

Ilk  tli(?  sub- 
tile law  (le- 

lliiit  tlic  law 
|iii  its  opcia- 

'tciit  to  any 
|i  the  law  of 

()iii])eteiil;  to 
wliich  con- 

iily  cloclara- 
*  of  divine 
.  )}(itin'(ilia 
nionv  with 
bllf:  '^'Ahsit 
to  ita  projU- 
\pro  ratione 


fJi'ofius  says  einpliiitirally :  ••  Siniinnii  Iniminni  Jiirti  yn\A',\i<ni.stit- 
III irixts.sKiit  I'U.irri'.W  iititiiram.  <!<»Nri!\  iiiliil." 

.loliii  V'oct  s|»f;iks  with  ui'cMt  energy  to  the  sniiie  cllfft:  "(JikhIni, 
iiiiilni  r(c((f  ittllniiis  illchniuii  iimlrs  isi'  iiiiddnm  iiitnulK.nriiit,  non  *'a 
jus  finitiitw  nfli(li.irrls,Hl]U   IM;ssiM\M  l-orjius  MOKUM  mMAM  liKN- 

i.iMs  coiatri'i  i;i  AAi.'' 

Siiarcz.  wlio  lias  disciisseil  tlir  philosophy  oflaw  in  a  chaptei'  whicii 
(itiitains  the  p-iiii  ol'  most  llial  has  bt'cn  wiittt-n  upon  Iht^  siibjccl, 
sa\s:  ••  l.ctjiN  (iiih  III  ltd  jus  f/niliiiin  pniiiinihs  n  nc  lijiis  sunt,  lit  r.i'iili- 
riilinii  )iiiiiii I,  in'i>i)iiii[iiiiii>s  sunt  Ifiji  iinliifiill  iimiin  l<<jrs  ciriUs,  idcoqiie 
niiji'issihilc  rst  ess<'  coiitnirins  aiiiiititti  niitiirnli."' 

W'olir,  spcakinu'  ot'liisowii  tiiiic,  says:  ••  (hiiiiiinn  frir  iiiiiinns  occujutrit 
jiirnrxK  ilia  ophiiiK  ^iv \M  I'oNs  .ruijis  <ii;Ni'ir.M  sii'  i  iii.irAs  rwo- 
I'lilA;  hiuIkc  vdiitliiiiil,  id  indcntiiv  roivijiKiri.  Diiiiiiiniiiiis  lux- in  prinilis, 
dininiiiinUH    in   rcclore   viritatis;   sal    .lU^l'K    IDK.M  DAMN.VNOril  KSl'    IN 

(ii;M'iiu  s." 

.Mackiiitosli  nobly  siiiiis  up  this  .^reat  aruiniicnt :  "  The  (lutics  of  iiicii, 
111  siiltjefts,  of  piiiircs.  of  la\v,i;ivfi  s.  (»f  iiia.uist  rates,  and  of  stales,  are 
all  parts  of  one  consistent  system  of  universal  morality.  Iletweeii  the 
most  alistract  and  clenieiitai'y  niaxini  of  moral  philosophy,  and  llio 
most  (•oiii[ilicalfd  coiitrov  ersies  of  civil  or  public  law,  tlier«!  subsists  a 
(•niiiiection.  The  principle  of  justice,  deeply  rooted  in  the  nature  and 
iiitciest  of  mail,  pervades  tile  wiioh'  system,  and  is  discoverable  in  every 
part  of  it,  even  lo  its  iiiinutcsi  iaiiiificatioi>  in  a  h  gal  formality,  or  iu 
the  construction  of  an  article  in  a  treaty." 

[Ilc'ury  Siinmi'i'  Maiiio,  liitcinatioiKil  Law,  ])Mi;t'"4  13-17.] 

In  modern  days  the  name  of  rnternational  Law  has  been  very  much 
(diilined  to  rules  laid  down  by  one  pail  icular  clas.-;  of  writers.  They 
may  be  rou;;'hly  said  to  be,nin  in  the  first  half  of  rhe  seventeenth  cen- 
tury, and  to  run  three  parts  throu,uli  the  eij;"liteentli  century.  Tho 
names  which  most  of  lis  know  are,  lirst  of  all  that  of  tiie  ^reat  Iluin"o 
(i  rot  ins,  followed  by  I'lilfeiidoi  i,  Leii)iiit/.,  Zoiicli,  Seidell,  Wolf,  llynker- 
slioek,  and  V'attel.  The  list  does  not  absolutely  be<;in  with  (Irotius, 
nor  does  it  exactly  end  with  Vatlel,  and  indeed. as  regards  the  hitlu-r 
end  of  this  series  the  assumiition  is  still  made,  and  i  thiiilv  not  (piite 
fortunately,  that  the  race  of  law-creatinj;  Jurists  still  exists.  *  #  # 
Their  I  the  writers  named  and  a  few  others]  .system  is  that  couveiitiou- 
ally  kiiowuas  International  Law. 

*  «  *  #  w  «  * 

A  .ureat  part,  then,  of  Tnternational  Tiaw  is  Ivomaii  law  spread  over 
lairoj)!'  by  a  [irocess  e.\ceediii.uly  like  thai  which  a  few  centuries  earlier 
iiad  caused  other  portions  of  Itomaii  law  to  lilter  into  the  interstices  of 
every  I'airopean  le,iial  system.  The  Komaii  element  in  International 
Law  belonged,  howevi'i',  to  one  s|)eeial  pro\  iiice  of  the  Roman  system, 
tliat  which  the  Komans  themselves  called  natural  law,  or,  by  an  alter- 
native name,  fliis  Geiitiiim,  In  a  book  piibiislied  .some  years  a,i;'o  on 
••  Ancient  Law"l  made  tiiis  remark:  "SettiiiL;' aside  the  Treaty  liaw  of 
Nations,  it  is  sur[)risin,in'  how  lar,i;e  a  part  of  the  system  is  made  up  of 
pure  Koman  law.  Wheiever  there  is  a  doctrine  of  the  IJoiuan  juris- 
coii.-ults  aflirmedby  them  to  be  in  harmony  with  ihe  ,]\\>^  (ieiitiitm,  the 
I'ublieists  have  found  a  reason  for  bovrowiii<i'  it,  lioweV(!r  plainly  it 
may  bear  the  mark  of  a  distinctive  IJoman  (uiuiii."    *     *     * 

Seen  in  the  li^'ht  of  stoical  doctrine  the  law  of  nations  came  to  be 
ideutilied  with  the  law  ol'uature;  that  is  to  say,  with  a  number  of  sup- 


14 


AWiir.MKN'r  (»r   ini;  i:mti;i)  statks. 


j>o>('<l  |»riiici|il(  s  orcniidiicl  wliirli  iiiiiii  in  socicly  olicys  siiiiply  Itcciiiisc 
hv  is  iiiiiii.  'I'liiis  llir  liiw  u|'  iialiM'f  is  simply  llic  law  of  nwlions  smt 
ill  tlir  li;^lit  lit'  ii  |M'riili:ir  tlicury.  A  p:iss:i;4<'  in  tin-  K'oniiin  inslitiitrs 
sIniVNs  tli;it  the  cxpifssinns  wen-  print  iiiilly  conx  crUhic.  Tin-  fjicalt'st 
I'll  IK- 1  inn  ol'  till'  liiw  of  iiatnrt'  was  <liscliar;;'nl  in  ^ix  in<j;  hii  t  li  lu  nnxicrn 
intcinational  law.     *     *     * 

The  iniprrssion    that   tlii>    li'nnian    law   siistaint'il    a   system  of  what 
woiihl  now  he  calli'il  intrinalionai  law,  and  that  this  system  was  iilcii 
tical  with  the  law  of  iiatiiie  had  nndoniitcdly  miu  h  intliirii(H>,  in  caiisiii*; 
the  inlcs  of  what  the  K'omaiis  ealled  natural  law  to  he  en;;  rafted  on,  and 
ideii  tilled  with,  the  n  toiler  1 1  law  (»f  nations  (|)a,ue  L'Si. 

It  is  oidy  necessary  to  look  at  t  he  earliest  aiitliorit  ies  on  inti'inational 
law,  in  lhe"!)e  .hire  I'.elli  et  Paeis"  of  llrotiiis  for  example,  to  see 
that  the  law  of  nations  is  essentially  a  moral  and.  to  si»me  extent,  a 
reli};ious  system.  The  appeal  of  ( Irot  ins  is  almost  as  freipient  tomoials 
and  reliuion  as  to  precedent,  ami  no  doiiht  if  is  these  |iortioiis  of  the 
l»<)ok  *  *  *  which  jiained  for  it  mueli  of  IIk;  authority  wliicli  it 
ultimately  t»l)taiiied.     (I'a^-e  17.) 

[I'loiii  \Vlit';it(ni,  Iiit('nialii)ii:i1  l,;i\v,  part  I,  cli.  I,  hccm.  4,  14.] 

The  principles  and  details  of  intei'iiational  morality,  as  distiiijunished 
from  international  law,  are  to  he  obtained  not  hy  ipplyin^' to  mitioiis 
the  rules  which  oui^lit  to  j;(»vern  the  e(»ndnet  of  individuals,  hnt  hy  as- 
eerlaininiL''  what  are  the  rules  of  international  conduct  v  'dcli,  on  tiio 
whole,  hest  iii'omote  the  ;^cneral  happiness  of  mankind. 

InternatitMial  law.  as  nnderstood  ainonii' eivili/.cd  natin.  .  may  ho  de- 
fined as  consist  iii,u'  of  those  rules  of  (.'onduet  which  reason  deduces,  as 
e<uisonant  to  Justice,  from  the  nature  of  the  socii'ty  existin;;'  amonj; 
independent  mitions;  with  sinh  detinitions  ami  niodilications  us  may 
be  established  hy  ycneral  consent. 

[Kent's  ('(HiiiiicnturieH,  Piirt  i,  lo(;t.  1,  p.'if^o.H  2-4,] 

*  *  *  The  most  useful  and  i)ractical  part  of  the  law  (tf  nations  is, 
no  doubt,  institnted  or  i)ositive  law,  founded  on  usajiO,  consent,  ami 
aj^reeim'ut.  l>ut  it  would  he  improper  to  sepaiate  this  law  entirely 
from  natural  Jurisprudenc*'  and  not  to  consider  it  as  dcrivinj;'  much  of 
its  force  and  dijiiiity  from  the  same  i)rincii)les  of  ri;;ht  leason,  the  same 
views  of  the  nature  ami  constitution  of  nan,  and  the  same  sanction  of 
divine  r<'veIation,  as  those  from  which  the  scaence  of  morality  is  deduccMl. 
There  is  a  nat*  ral  and  a  i)ositive  law  of  nations.  Hy  the  former  every 
state,  in  its  'lations  with  other  states,  is  honml  to  conduct  itself 
od  faith,  and  benevolence:  and  this  aj»plication  of  the 
nis  Ix'cn  called  hy  Vattel  the  m'cessary  law  of  nations, 
are  bound  hy  the  law  of  nature  to  observe  it;  and  it  is 
"s  the  internal  law  of  natioiLS,  because  it  is  obligatory 
lint  of  conscience. 
We  ouj>ht  I  /t,  tlieref(ue,  to  separate  the  scieiu'e  of  i)uhlie  law  from 
that  of  ethic  ,  nor  encoura«te  the  dangerous  suj^j^estion  that  jjovern- 
nuMits  are  not  so  strictly  bound  hy  the  obliiiations  of  trutb,  .justice,  and 
humanity,  in  relation  toother  powers,  as  they  are  in  the  manaj;eineiit  of 
their  own  local  concerns.  States  or  bodies  jjolitic  are  to  he  considered 
as  moral  persons,  having'  a  jinblic  will,  ca[»al)le  and  free  to  do  riji'litand 
wrong,  inasnuu'h  as  they  are  coIle<'tions  of  individuals,  each  of  whom 
carries  with  him  into  tlu^  service  of  the  cominunity  the  same  biiuling 
law  of  morality  aiul  religion  which  ought  to  control  his  conduct  m  pri- 


with  Jusli(!e,  ; 
law  of  natun 
because  natio 
termed  by  oti 
upon  them  in 


APIM'.NDIX    TO    I'AUT    KIWST, 


1, 


ily  l»(M':nis»' 
it  ions  stTii 

I  institutes 
In-  f;r«';it(>st 

to  iiioilcrii 

>lll   of  wliiit. 

II  wiis  itlcn- 
[•  ill  (siiisintr 
t'tcd  oil,  and 


ic  extent,  a 
nt  to  line  ;ils 
■lions  of  lliti 
ity  wliicL  it 


istinj-iiislMMl 
o-  to  niitioiis 
s.  but  Uy  iis- 
'lieli.  on  the 

.  may  be  de- 
I  (U'diK'CS,  as 
stin;;-  aiiioii}-- 

ions  as  may 


vate  lite.  Tlie  law  of  nations  is  a  etniiplex  syst<'iii.  (oinpo^fi!  of  various 
II  tjiediriits.  It  eoiisists  of  j^eiicriil  jd  Jiiciples  of  iij;lit  and  Jilslice. 
r(|iiaily  siiitaide  to  tlie  ^^ovcriiineiil  of  indi\idiials  in  a  state  of  natural 
I  (|iiality  and  to  tlie  relations  and  eoiidiiet  of  nations;  tA'  a  eolleetioii  (if 
iis;m(  s,  nistoiiis.  Mild  opinions,  the  yrow  tli  of  «'ivili/.alioii  ;ind  eoniiiieice, 
;iM<l  of  a  eode  of  eon\  eiit  ioiial  or  positive  law. 

In  the  absence  of  these  latter  re^iiilations,  tlu^  intereoiirse  and  eoii- 
iliict  of  nations  are  to  lie  t;overned  by  principles  fairly  to  be  deduced 
liiiin  the  rij^hts  an<l  duties  of  nations  ^nd  t he  iiatnre  of  inonil  obiina- 
tioii:  and  we  have  the  ant lioiity  of  the  lawyers  of  antiipiily.  and  of 
Millie  of  the  tii'st  masters  in  the  modern  school  of  piddic  law,  lor  plac- 
iim  the  moral  obli;L;atioii  of  natitnis  and  of  indixidnals  on  siiiiilar 
uiounds,  and  Ibi'  coiisi(leiiii<{'  iiidi\  idiial  and  national  morality  as  parts 


III  one  am 


I  th 


aiiie  science 


file  law  of  nations,  so  far  as  it  is  founded  on  the  principles  of  natural 
l;i\v.  is  eipially  biiidin.i'' in  every  ajje   and  iii)n!i  nil  niiiiiKind.     *     *     ♦ 


lliillcck.  Iiili'MMitional  liiiw,  <li.  ii,  scii.  Hi,  iiii^'i'  ;"'"> 


xvr.  IS,  p.iK.ini.] 


Si;(".  I.'i.  It  is  admitted  by  all  that  there  is  n<»  universal  or  ininintable 
liv,  of  nations.  biiidin<^-  upon  the  wlioh^  human  race,  which  all  mankind 
ill  all  ages  and  countries  hav(M'ecogiii/ed  ;iii<l  olieved.  Ncxertheless, 
there  are  certain  principles  of  action,  a  certain  distinction  between 
li'^lit  and  wrong,  bi  ween  Justice  and  injustice,  a^  certain  divine  or 
iialinal  law,  or  rule  of  right  reason,  which,  in  the  woids  of  (,'icero,  '"is 
(■(iiigeiiial  to  the  feelings  of  nature,  ditVused  among  all  men,  uiiiforin, 
cleriial,  commanding  us  to  oiii'  duty,  and  prohibiting  every  violation  of 
ii;  one  teriial  and  immortal  law,  which  can  neither  l)e  repealed  nor 
derogated  from,  addressing  itself  to  all  nations  and  all  ages,  deriving 
its  iiiitiioiity  from  the  eommoii  Sovereign  of  the  universe,  seeking  no 
nlliei  lawgiver  and  intei'iireter,  carrying  home  its  sanctions  to  every 
lii'cast,  by  the  inevitable  ])iinishment  lie  intlicts  on  its  transgressors." 

It  is  to  these  prim-iples  or  rule  of  right,  reason,  or  natural  law,  that 
iill  other  laws,  whether  founded  on  custom  or  treaty,  miisl  he  referred, 
iiiid  their  binding  Ibrce  determined.  If,  in  accordance  with  the  spirit 
(if  this  natural  law,  or  if  innocent  in  themselves,  they  are  binding  upon 
nil  who  have  adopted  tliem;  but  if  they  are  in  violation  of  this  law,  and 
iire  unjust  in  their  nature  and  elfeets,  they  are  without  force.  The  i)riii- 
ciplcs  of  natural  Justice,  ajiiilied  to  the  conduct  of  states,  considered  as 
iiKiial  beings,  uiust  therefore  constitute  the  foundation  upon  which  the 
nisidins.  usuages,  and  coincntions  of  civiliz(>d  and  christian  nations 
lire  erected  into  a  grand  and  lofty  temple.  The  cliaracter  and  diira- 
hiiity  of  the  structure  must  deixMid  upon  the  skill  of  the  architect  and 
the  nature  of  the  mat. 'rials;  but  the  foundation  is  as  broad  as  the  lain- 
liples  of  Justice,  and  as  immutable  as  the  law  of  (iod. 

Six!.  18.  The  first  source  from  which  are  deduced  the  rules  of  con- 
duct which  ought  to  be  obscrve(l  between  lubions,  is  the  iliriiir  htir,  or 
|iriiici|)le  of  Justice,  which  has  been  detiiied  ''  a^  constant  and  perpetual 
disposition  to  I'didei-  every  man  his  due."  The  peculiar  nature  of  tlu^ 
Miciet.\-  existing  among  independent  states,  renders  it  more  ditViciilt  to 
iipply  this  luiiiciple  to  them  than  to  individual  memlxM's  of  tlu^  same, 
M;\\i':  and  there  is,  theretbre.  less  unitbrmity  of  oiiinion  with  respect  to 
the  rules  of  iuternational  law  ])roperly  (h'ducible  from  it,  than  with 
res])ect  to  the  rules  of  moral  law  governing  the  intercourse  of  indi- 
\  idual  men.  It  is,  ])ei'hai)s,  more  jtroperly  speaking,  the  test  b\  which 
the  nilcvS  of  positive  iiiternatiuual  law  are  tobe  judged,  rather  than  the 


16 


AlIdrMKXT    OF    THE    UNITED    STATEi^. 


source  (Voiii  wliich  these  iiiles  tlieiiiselves  are  dediucd.  (Jiisrinian,  In- 
stitutes, lili.  1.  tit.  1;  IMiilliiuore,  On  Int.  Law,  Vol.  i,  se(5.  li.'i;  Dynioud. 
I'liri.  of  Morality,  Ivssay  1,  i)t.  L',  cli.  4;  .Maiiiiiiiii'.  Law  of  Nations,  )»]). 
oT-oS;  Coh'lle,  Droit  des  (lens,  pt.  1 ;  Iluiieecius,  Elemcnta  Juiis  Kat. 
ct  CJeiit..  lil).  1,  eaji.  1.  see.  IL'.) 


[W'dolscy :   lutrdiliut  inn   Iiit('iii;i(ion;il  r,iiw,  ed.  181>2,  sec.  1,5,  ]iiif;<i  It-] 

Skc.  lo,     *     *     *     iJiit  what  are  the  rational  and  moral  .^rounds  of 
internatioinil  law  ?     As  we  have  seen,  they  ai'e  the  same  in  ;;eiieral  uith 
tiiose  on  which  tlie  linlits  and   ol)li,y'atioi!s  of  individuals  in   the  stale 
and  of  the  single  state  t(»wards  the   individuals  of  which   it  consists, 
repose,     if  we  define  natural  jus  to   be   the   scieiu'c   which    from  tin 
nature,  and   dtstination  of  man  determines   his  external   lelations  in 
society,  both  thecjuesl  ion.  What  ouyht  to  be  the  rij^htsaud  obli^'ation^ 
of  tlie  indisidual  i!i  the  state.'  and  the  (|Ucstion,  What  those  of  a  state 
ainon.u'  states  oii^ht  to  be .'  fall    within   this  l)ranch  of  science.     That 
there  are  suci     i,iilits  and   obli.uations  of  ,s'^f/r,s' will    hardly  be  doubted 
by  tli<»se  who  admit  that  these  relations  oi'  natural  Justice  exist  in  an,\ 
ca.se.     There  is  the  same  reason  why  tlieyshouhl  Ix'apjdicd  in  icyulat 
iii,L;'  the  intercourse  of  states  as  in  ren'u latins"  ^''I't^  '**^  individuals. 

'I'here  is  a  natural  destinati(m  of  states,  and  a  divine  purpose  in  tlieii 
existence,  wliich  makes  it  necessaiy  that  they  should  have  certain 
functions  and  ])owers  of  acting-  within  a,  c(U'taiii  s])here,  wliich  external 
force  may  not  invade.  It  would  be  strau.ii'c  if  the  state,  that  ]towei' 
which  deliiies  liuliis  and  makes  them  real,  which  creates  moral  persons 
or  associations  with  rij^hts  and  obligations,  should  have  m>  su(;h  rela 
tions  of  its  own — siuuild  be  a  physical  and  init  a  moral  entity.  In  fact. 
to  take  tlu>  opi»osite  .uround  would  be  to  maintain  that  there  is  no  ri^lii 
and  wroiii;'  in  the  intercourse  of  states,  and  to  leave  their  conduct  to 
the  sway  of  mere  conveiii;'nee. 

I'-. .;  ■  '■  ■ 
fWollf.  (luott'il  l),v  \',illcl.  |ircf;icti  to  .suvcnth  .\IIl<'ri<^■m  td.,  r         .'T  ' 

Kations  do  not,  in  their  mutual  ielati(ms  to  each  other,  acknowl- 
edj;e  any  other  law  than  that  which  nature  herself  has  established. 
Perhaps,  therefore,  it  may  api»ear  superlluoiis  to  ;iive  a  treatise  on  the 
law  of  nations  as  distinct  from  tiie  law  of  nature,  i>ut  those  who 
entertain  this  idea  have  not  suHicieiitly  studied  the  subject.  Is'ations, 
it  is  true,  can  only  Ik,  (.ousidered  as  so  many  indi\  idual  persons  living' 
to,m'tliei-  in  the  state  of  nature;  and,  for  that  reas m,  we  must  api»l\' 
to  them  all  the  duties  and  ii,^lits  which  nature  prescribes  and  attribul»> 
to  men  in  j^'eneral,  as  beiiiu  nalnrally  born  fiee,  and  bound  to  eacli 
other  by  no  ties  but  those  of  nature  alone.  The  law  which  arises  from 
this  apjilicat ion,  and  the  oblij^iitions  lesultini^'  from  it,  proceed  from 
that  immutal)le  law  founded  on  the  nature  of  man;  and  thus  the  law  ot" 
nations  certainly  l)eloii:ns  to  the  law  of  nature;  it  is,  therefoi'e,  on  ai  ■ 
count  of  its  origin,  call'd  the  fi<((nr((l,  and,  by  reason  of  Us  obliuatoiy 
force,  the  it<'v<ss<(r/i,  law  of  nati(ms.  That  law  is  common  to  all  nation>; 
and  if  any  one  of  them  doe--  not  respect  it  in  her  actions,  she  violate'- 
the  common  rij^hts  of  all  the  others. 

15. it  nations  or  so\(reii:n  States  b<'iiiL;' moral  i)ersonsaiid  the  subjects 
of  the  obIi,ya(ions  and  rights  resulting',  in  virtue  of  the  law  of  natui.'. 
from  the  act  of  as.sociation  which  has  formed  the  political  body,  tlic 
nature  and  es><encc  (d'  these  moral  pers(»iis  necessarily  dilfer.  in  inaiiv 
respects,  Iroui  the  nature  and  essence  of  the  physical  individuals,  "t 


APPENDIX    TO    PART    FIRST. 


17 


.lustiiiiiui,  Til- 
.  'j;!;  DyinoiKl. 
f  Nations.  \)\k 
ita  J  III  is  Kilt. 


ral  yrouiuls  of 
ill  yc'iu'i'al  with 
s  ill  tlie  state 
ell  it  consists. 
\\H'\\  from  tilt 
al  relations  in 

md  ohli^iitio"" 
tli(>si!of  a  state 
seieiiee.     That 
dly  be  doubted 
ce^ exist  in  an\ 
tiled  in  rej;iilat 
lividiials. 
|)nri)osein  their 
d  have  eertain 
wliieli  externa i 
ate,  that  power 
's  moraf  jxrsoii'i 
^e  )\o  sueh  tela 
■ntity.     In  faet. 
there  is  no  ri<il!i 
heir  conduct  {<> 


■  .<1  ■ 

)ther,  aeknowl-    ' 
as  established, 
treatise  on  tlu' 
iat   those  who 
jeet.     Nation-, 

persons  livin  : 
we  must  applv 

andatfribiit(  ^ 
liouiid  to  eacli 
lich  arises  from 
t,  proceed  from 

thus  tli(>  law  <>( 
herefore,  on  ai  • 
if  Its  obli.natoi.v 
II  toall  nation^; 
)ns,  she  violate^ 

md  the  subjects 
aw  of  natiMi'. 

itiral  body,  tlic 
diffei'.  in  many 
individuals,  <'r 


Tiion,  of  whom  they  are  conijiosed.  When,  therefore,  we  would  ap])ly  to 
nations  the  duties  which  the  law  of  nature  luescribes  to  individual 
man,  and  the  rii^hts  it  confers  on  him  in  order  to  enable  him  to  fullill 
Ills  duties,  since  those  rij;'hts  and  those  duties  can  be  no  other  than. 
V  liat  are  consistent  with  the  nature  of  their  subjects,  they  must,  iu 
tlieir  a]»plicatioii.  necessarily  nnder.yoa  cliaiim-  suitable  to  the  newsub- 
jrcts  to  wiiich  they  are  apjdied.  'i'iius,  we  see  that  the  law  of  nations 
(lues  not.  in  every  ])articular.  remain  the  same  as  the  law  of  nature, 
I'vuiilatiiiy  the  actions  of  individuals.  Why  may  it  not,  therefore,  be 
^'  parately  treated  of  as  a  law  jieculiar  to  nations'? 

[I  loiii  "l>t's  I»riiit.s  ft  (Ics  |)(\iiiix  ilcs  N.-itiitiis  NiMiUfs  en  Tciiiits   df   fincrri'  M.iri- 
tiiiKi,''  p;ir  L.  IS.  I  lauli'tiiiillf.  I.sl8,  vul.l,  pMjitvs  115,  VJilncij.     Traii.«il;ili(iii.] 

lie  (dod)  has  jiiveii  to  nations  and  (o  those  who  jj'overn  them  a  law 
which  they  are  to  observe  towards  each  other,  an  unwritten  law,  it  is 
liiie.  but  a  law  which  lie  has  taken  care  to  ennrave  in  indelible  char- 
Mi  I  CIS  iu  the  heart  of  every  man,  a  law  which  causes  every  human 
liiiuji'  to  distiii.miish  what  is  true  IVoin  what  is  false,  what  is  just  from 
wiiat  is  unjust,  and  what  is  beautiful  from  what  is  not  beautiful.  It  is 
the  dixiiie  or  natural  law:  it  constitutes  what  I  shall  call  primitive 
l;r,v. 

This  law  is  tlm  only  Itasis  and  the  only  source  of  internatioual  law. 
l'>  .yoinji  back  to  it,  and  by  carefully  studyin.i''  it,  we  imiy  succeed  in 
iviiacinji  the  ri,L;hts  of  nations  with  accuracy.  Every  other  way  leads 
inrailildy  to  error,  to  yrave,  nay,  deploralile  err(»r,  since  its  immediate 
n  suit  is  to  blind  nations  and  their  rulers,  to  lead  them  to  misunder- 
siiiiid  tlw'ir  duties,  to  violate  them,  and  tooolten  to  shed  torrents  ofhu- 
iimii  blood  iii  order  to  uphold  unjust  i)refensions.  The  divine  law  is  not 
written,  it  has  never  beiMi  formulated  in  any  liunuin  lanjiuaye,  it  has 
Mcver  been  promuljiated  by  any  lej>islator:  in  fact,  this  has  never  been 
,,.     "'     because  such  Icfiislator,  beiiif";' iiiiin  and   belou.uinj;- toa  nation, 

lj  |,s  't  very  fact  without  any  authority  over  other  nations,  and 

.1  .o  dictate  laws  to  tlieiii. 

i'iiis  lack  of  a  positive  text  has  led  some  imblicists  to  deny  the 
txistence  of  the  natural  law.  and  to  reject  its  aitplicatiou.  They  have 
li.i-ed  their  action  in  s,*  iloinj;'  more  i)articularly  upon  the  dill'erent  way 
ill  which  each  individual  intei]»rets  that  law,  accor(liii,!H' as  hisorjianiza- 
li  II  is  more  or  less  ])erfect.  moi'c  oi' less  ])owerful,  if  I  may  thusex])ress 
111  >clf;  hence. 't  results  tiial  this  law  is  dillerent  for  each  individual 
ami  for  each  nation,  that  is  to  say.  that  it  does  not  exist.  Oiu;  of  theso 
"liters,  in  support  of  his  denial  of  the  natural  law,  lays  down  the  priu- 

I  i;lc  that  man  brinj;s  notliiii!;'  with  him  into  this  world  except  feelinj;s 
"I  iiain  or  pleasure,  and  incliiiatlons  that  seeU  to  be  satislied,  which  can 
11'  er  l)e  entitled  to  the  name  of  laws,  since  they  vary  according;'  to  the 
I'l  uaiii/,ati(Ui  of  each  individual,  because  they  are  by  no  means  the  same 
.11    iii.ii'  all  nations  and  in  all  climates.' 

i  hese  ojiiuioiis  would  jierliaps  ha\e  some  apjiearance  of  reasou  if  the 

II  Miral  law  were  represented  as  a  w  lilten  system  of  legislation  or  as  a 
I "  ijilete  code  similar  to  tliose  which  liovern  human  society  and  the 
ii    Millers  who  coinixise  it.     Then  it  mi-^lit  be  said  with  Moser:  ''What 


w 


I 


liJit  is  tiatnr.Tl  in  iii;m  is  liis  fccliiiffs  of  ]iiiiii  or  iilonsuri'.  his  inclinatioiiH;  l)utto 
hcsi^  t'ccliiifis  and  inrlinatiniis  law  s.  is  In  iiitrodiicc  a  false  and  danix<'rnus  A'iew 
i>  put  laii<;iia<;i  in  cnntiadiit  inn  with  itself,  for  lawsiniist  he  made  for  tlio  very 
ISC  of  repressing  tlifso  iniliiialions.  *  •  •  (^Jtrcuiy  Jioulliuni,  i'also  Maimer 
asonin;;  ui  .Mailers  uf  Leyisiutiuu.) 

U74U li 


18 


AR(;rMi:x'r  or  'iiir,  iNiii:i»  statks. 


is  fliis  liiw  wliicli  is  so  imirli  tjilkcil  ulioiil  '.     .Aliist    we  seek  its  ihIiicI- 
]>I('s  ill  (i  rot  ins  or  llol)l)('s  .'"' 

.Soiiic  OIK'  iiiiiiiit,  iisi<  to  sec  tliat  code  wiiicli  is  (icstiiicd  lo  idcvciit  iill 
will's  by  loiTsrciiii;  iiiid  ('oiKlciiiiiin.u  all  iiiijiist  ciaiiiis  in  a(l\aiici'.  It 
is  not  thus.  iio\ve\(;r,  tliat  the  natural  law  is  prcsi-nti'd  by  tiioso  an 
tliois  who  have  taken  its  tcaciiin.iis  as  tlic  liasis  of  tlieii-  wiitiiigs;  tlicy 
have  lunt'i'  soiij;ht  to  j^ive  it  a  Ixidy  (U'  to  put  it  in  the  form  of  a  writ  ten 
law.  Wiiar  is  true,  and,  in  my  oi)iiiioi!.  iiicontcstai)h'.  is  tliat  notions 
of  what  is  just  and  what  is  unjust  are  found  in  all  men:  it  is  that  all 
indix  idiials  of  tlie  human  rat'e  that  are  in  1  he  eiijoynienl  of  reason  lia\(' 
these  notions  i^raveii  u|)on  their  iiearts.  and  tiiat  they  biin,^'  with  them 
into  the  world  when  they  are  born.  'I'heso  notions  do  not  extend  to 
all  tlio  details  of  law  as  do  civil  laws,  but  thi'y  have  referene(;  to  all 
the  most  in'omineiit  jioints  of  law.  if  I  may  thus  express  inyselt'. 

It  can  not  be  denied  that  the  idea  of  projierty  is  a  natural  and  innate 
idea.  The  same  is  tlu'  ease  with  the  idea  which  impels  every  individ- 
ual to  exercise  care  for  his  own  preserxation  with  that  w  hieli  forbid.- 
jiien  to  enrieii  themselves  at  the  expense  of  olheis;  whi(di  imi)oses  the 
obliji'ation  to  repair  a  wroiijj'  done  to  one's  leliowiiiaii,  to  ])erforin  a 
l)roinise  made,  etc..  etc.  These  first  and  innate  notions,  ■which  every 
man  biinj;s  with  him  into  the  woild  w  hen  he  is  born,  arc  the  ]»rece])ts 
of  the  natural  law ;  and  human  law  s  are  all  t  he  more  perfect  the  nearer 
tliey  approach  to  these  divine  juecepts.  Tlie  natural  oi'  divir.e  law  is 
the  t)nly  one  that  can  be  applied  amoiiii  nations— amoii<i'  bein.ys  free  iioiii 
ex'eiy  bond  and  havin.n'  no  inferesf  in  conimon, 

l-'rom  these  general  rules  of  divine  law  it  i.s  easy  to  form  secondary 
law  s  having' for  their  object  tiie  settleim  nt  of  all   fpiestions  that  can 
arise  ainoni;  all  the  i)eoi)les  of  the  nnixcrse.    'I'o  cite  but  a  siiiji'le  exam- 
])le,  it  is  evident  that  from  the  principle  of  the  law  emanatinu'  fi'oni  ( iod. 
that  every  nation  is  free  and  indepeiidciit  of  every  other  nation  (which 
jniiiciple  is  reco,L;iii/,ed  by  all  nuMii.  this  conse(|neiice  results,  which  is 
necessary  and  absolute,  as  is  the  principle  itself.  \iz:  'liiat  eveiy  na 
tion  may  fri'ciy  exchan.nc  its  siiperlluous  possessions,  trade  with  whom 
soever  it  may  choose  to  seek  in   order  to  make  such  exclianye  and  to 
carry  on  such  trade,  w  ilhoiit  beini:  under  any  necessity  of  a]»plyin,u'  for 
the  permission  (»f  a  third  nation,     'i'he  only  condition  that  it  nuist  ful 
111!  is  tliat  it  must  olilain  I  lie  coiisent  of  the  other  ])aity  to  the  contract. 
Jt  need  not  trouble  itself  a Ixuif  I  he  annoyance  that  snch  exelianii'c  ma\ 
<'ause  a  third    nat  ion.  provided  such   trade  does  nut  inicrfere  with  the 
positi\e  and  natural  riiihts  ot'  such  nalioii. 

This  second  rule  i^ives  rise  (o  sevcal  oMiers  wliicli  are  as  clear  and 
absolute  as  it  is  itself.  In  a  word,  all  ii  teniational  \,\\\  is  the  oiit.i;rowtii 
of  natural  and  primitixc  law.  N'iewed  in  this  iiyht.  it  seems  to  me  im 
possilde  to  dispute  the  existence  of  the  ])iiiiiiti\e  law:  it  is  a  kind  of 
niathematical  truth,  and  I  do  not  fear  to  rejily  to  Moser;  the  jjiiiiciples 
of  this  law  are  not  only  in  (Jrotius  and  llobbes.  liiit  they  are  in  the 
hearts  of  all  men,  they  are  in  the  heait  of  yoii  who  ask  where  they  are 
I'oiiiid. 

International  law  is.  tlierefore.  based  ui)on  the  di\ine  and  primitive 
law;  it  is  all  derived  from  this  source.  iJy  the  aid  of  this  siiij^le  law.  I 
tirndy  believe  that  it  is  not  only  possible,  but  even  easy,  to  rejiiilate  all 
relati(»ns  that  exist  or  ma,\ exist  amonn'  the  nations  ot  the  iinix'erse. 
This  e(»nimoii  and  positive  law  cunlainsali  the  rules  of  justice;  it  exists 


'  (Moscr,  "Essiii  siir  to,  droit  (1<h  gviis  dcs  [ilns  modisriiesi  ilcs  iiiitious  tiUiopceniH^i 
en  jmix  cl  en  ^^luurf,  1778-I7fci0.") 


Ai'ri'.NDix  To  i'Ai;r   rn;sr, 


10 


ik  its  piiiici- 

;()  provont  all 
adviiiict'.     It 

by  those  au 
litiiijis:  tlicy 
11  of  a  written 

that  iiittions 

it  is  that  ail 
t'  reason  have 
ii.u'  witli  Ihoiii 
not  extend  to 
■lerenee  to  all 
niyseil'. 
■ai  and  innate 
every  individ- 
whieh  forbids 
h  ini])oses  the 

to  perlbrni  a 
„  which  eveiT 
e  tiie  i)reeei)ts 
leet  the  nearer 

divihe  law  is 
einiis  tree  Ironi 

irin  secondary 
ions  that  can 
a  single  exani- 
tin.ii  i'l'oiii  (iod. 

nation  (which 
<ults,  which  is 

liat  every  na 
de  with  whom 
iclian.uc  and  to 

I'  ai»i»lyin,u'  for 
liat  it  iiHist  ful 

0  thecontract. 
excliaiiiic  may 

1  lere  with  the 

I'c  as  clear  and 
the  out, growth 

I'eins  to  nie  iiii 
it  is  a  kind  of 
the  ))rincii>les 
ley  are  in  the 

|vliere  they  are 

and  priinitivc 
s  sin;ile  law.  I 
|to  re.^nlate  all 
the  universe. 
;tice;  it  exists 


lendentlv  of  all  Ic^islal  imi  of  all  Inunan  institutions,  and  it  is  (tne 


()U8  eur"i»<3euut'"t 


r  ;ill  nations.  It  uoNcrns  jteace  and  war.  and  traces  tiie  rijihts  and 
ihiiics  of  cN'cry  position.  'I'he  ri;;lits  wliicli  it  j;i\es  aic  clear,  jiositiNc, 
mid  alisolnte;  tliey  are  of  snch  a  nature  as  to  reciprocally  liniil  each 
(illicf  without  cNcr  coiniiin  into  coiiision  oi'  contradiction  with  each 
iiliier:  they  are  correlatiNc  to  cai-h  other,  and  are  coordinatetl  and 
linUed  witli  the  most  jierfect  liarmon\.  It  can  not  be  otherwise,  lie 
who  has  arian.ued  all  the  parts  of  the  niiiverse  in  so  ailmiraltle  a  man 
iier,  the  Creator  of  the  world,  could  not  contradict  himself, 

*  *  *  *  *  *  « 

The  natural  law  is,  from  its  very  nature,  always  oblijjjatory.  The 
tieaties  which  recall  its  |uo\  isions  and  regulate  t  heir  application  must 
iiectssarily  have  the  same  peip<'tiiity.  since,  ev<'n  if  they  should  cease 
tci  <'\ist,  the  principles  wduld   not  cease  to  l)e  executory  Just  as  they 


were  W 


hen  the  stipulations  were  in  lorce 


('ertain  usages  lia\(*  become  estalilislie(l  amoiif;'  civilized  nations 
without  ever  haxiiii;  been  wiitti'U  in  any  treaty,  and  without  ever  liav 
iii,:^'  Ibrmed  the  subj«'ct  of  any  special  and  express  aj^reeinent.  These 
ii-'.iut's.  fewin  numlier.  in  harmony  with  primitive  law,  whose  applica- 
tiiiii  tlie\  ser\'e  to  reuulate,  ibrm  a  part  of  international  law  wliidi  mi^lit 
l)c  tailed  the  law  of  custom:  it  .seems  to  me  preferable  to  consider  tluun 


a  part  of  secondary  law, 


mm  "  r.i'  l)riiit  ilc  la  Xatuir  I't  <!c,s  i  iciis,"  ])ar  li-  liaron  dc  Piift'inlorf,  tnidiiit  dii 


l.:inii  par.U'aii  l>aiiK\  lac.     oUi  (■( 
Tr.iii.-iation.] 


Vol.  1,  j; 


cliap.  I{,  8CC.  "j;!,  paj^es  211!  <7  ,'.((/. 


i'iiiall\ ,  we  nnist  further  examine  here,  whether  there  is  a  positixe 
hiwdf  nations,  dilVereiit  fiom  the  natural  law.  Learned  men  are  not 
well  ai^reed  on  this  subject.  Many  ti  ink  tli  ?t  the  natural  law  and  the 
1;!W of  iiati<»ns  are,  in  point  of  fact,  'int  one  and  tlie  same  t  liiii,u'.  and 
iliiil  theydiU'er  in  name  only.  Thus,  llobbes  di\idesilie  natural  law 
iiiio  natural  law  of  man  and  natural  law  of  states.     The  latter,  in  his 

us.     ••'{'he  maxims,"'  adds  he. 
but  as  states,  as  so(Ui   as 


liiiion,  is  what  is  called  tiie  law  of  natio 


hoth  these  li 


iws  are  precisely  t  ne  saim 


tlicy  are  Ibiiud,  ac<piire,  to  a  c«'rtain  extent,  i)ersonal  characteristics, 
the  same  law  that  is  called  natural,  when  the  duties  of  private  indi- 
viduals ai'c  mentioned,  is  called  the  law  (d'  nations  wiicn  reference  is 
iiiinle  to  the  whole  I'ody  of  a  state  or  nation."' 

I  fully  subscribe  to  this  view,  and  I  recoii'iiize  no  other  kind  id'volun- 
tar>  oi'  |Misitive  iiilernat  iotial  law",  at  least  none  haxin.n  force  of  la  w,  proj»- 
ciiy  so  called,  and  Itindiiii;  iii)oii  nations  as  eiiianat inj:' from  a  superior. 
Tiicie  is,  in  fact,  no  variance  between  our  opinion  and  that  of  certain 
Ic, II  lied  men  who  re;;ard  that  which  is  in  harmony  with  a  reasonaide 
iniiiiie  as  belon^iiu;;  U»  natural  law,  and  that  which  is  based  ii]»im  our 
needs,  which  can  not  be  better  provided  f(M'  than  by  the  laws  of  sotaa- 
liilit> .  as  belonjiini;'  to  the  law  of  iiatimis,  l''or  we  maintain  simply  that 
there  is  no  positi\  ('  law  of  mil  i(Uis  tiiat  is  depeiulent  upon  the  will  <if 
;i  superior.  And  that  which  is  a  co!ise(|ueiice  of  the  needs  of  iiumaii 
nature  should,  in  my  oiuiiion,  be  rtdei  red  to  the  natural  law,  if  we 
lia\e  not  th(Ui,i;lit  jiroper  to  liase  this  law  upon  the  aureenient  of  the 
limits  which  are  its  object,  witii  a  reas(uialile  nature,  this  wiis  in  order 
i!"t  to  esi;d>lish  in  reason  itself  tlu'  rule  of  the  maxims  of  reason,  and  to 
:i'oi(l  ilic  circle  to  which  is  reduc(  d  the  dcmojistration  of  the  natural 
'  "AS  hy  this  methoil. 

.Moreo\er,  the  majority  of  the  things  w  iiieii  the  boinan  Jiiriscfuisiilrs 
-''"-I  the  great  body  of  learned  men  refer  to  the  law  ot  nations,  .such 


20 


Ai;<;rMKNT  <>f  'iiir,  rNM"i;i)  states. 


iis  tlic  (litlcrciit  kinds  (»l;i('(|iiisiti(»ii,  contracts,  ;in(l  otlici'  similar  tliinjjs. 
ciMicr  hcloni;  to  riic  natural  law  or  I'orin  part  ol'  tlic  civil  law  of  every 
nation.  And,  altliou,i;li  in  reuard  to  those  lliin,us  wliicli  are  not  Itased 
npon  the  iini\  ersal  constitution  oi'  the  human  race,  the  laws  are  the  same 
amonji  the  majority  ol'  the  nations,  no  ])articular  Uind  of  la  iv  results  from 
this,  for  it  is  not  in  virtue  of  any  ayrcenu'iit  or  of  any  mutual  oblij^a- 
tioii  that  these  laws  are  common  to  several  jteoples,  but  purely  and 
simjdv  from  an  effect  of  the  particular  will  ol' the  legislators  of  each 
State,  who  have  by  chanct'  aureed  in  orderinj;'  or  forbidding  tiie  same 
thin.n's,  IIcMcc  it  is  that  a  sinjile  i»co]>le  can  chan,t;e  these  laws  of  its 
own  accord  wiliiont  consulting'  others,  as  has  IVe(piently  been  done. 

We  must  not,  however,  ai)soIutely  reject  the  opinion  of  a  modern 
writer,  who  claims  that  the  Ifoman  Juriseonsults  niidcrstaiid  by  law  of 
nations  that  law  which  concci'us  those  acts  which  foreij^ncrs  could  per- 
form, and  the  business  vvhiih  they  could  validly  transact  in  the  states 
iH'lon,<iiiij>"t()  the  ifoman  pcojile,  in  contrast  with  the  civil  law  that  was 
particular  to  lioman  citizens.  Hence  it  was  that  wills  and  mairiajics, 
which  were  valid  aniouii  citizens  only  were  referred  to  civil  law,  while 
contracts  vveic  considered  as  conniiji;'  under  the  law  of  iiati(nis,  because 
I'oiciLiin'rs  could  make  them  with  citizens  in  such  a  manner  that  they 
were  valid  liel'ore  the  Ifoman  courts  of  Justice.  Many  also  aiii)ly  the 
name  law  of  nations  to  <-ertain  customs,  especially  in  nnitters  relating 
to  war,  which  are  usually  practiced  l»y  a  kind  of  tacit  consent,  amonj,' 
the  nnijoiity  of  nations,  at  least  amoii!^'  those  that  pride  themselves  on 
haviii,u'  some  courtesy  and  humanity. 

In  fact,  inasmuch  as  civ  ilizcd  iiati<ms  have  attached  the  hifi'hest  fiiory 
to  distinction  in  war;  that  is  to  say,  to  dariny-  and  knowing'  how  skill 
fully  to  cause  tiie  deatii  of  a  lar.n'e  number  of  persons,  which  has  in  all 
a.ufs  j^ivcn  rise  to  many  unnecessary  oi'  even  unjust  wars,  conquerors, 
in  (trder  not  to  lender  themselves  wholly  odious  by  theii'  ambition, 
have  ihoii^iit  projier,  while  claiminj;' every  rii^ht  that  one  ims  in  a  Just 
war— have  thon^iit  jtroper,  I  say,  to  miti.uate  tlie  hori'ors  of  war  and  ol 
militiiry    expeditions   1-y   some  api)earance  of  humanity  and  mau'inr 


iinnil  V, 


U 


<'iice  the  usa.ue  ol  spai'in,y  certain 


:iiid 


s   OI 


thin 


fi's  and  cor 
f  h 


tain  classes  ol  persons,  ot  observing'  some  moderation  in  acts  ot  hos 
tibty,  of  t  reatini;-  prisoners  iiTii  certain  way,  and  other  similar  thinj.fs. 
Vet  while   such  customs    seem   to  involve  some  ol>liyati(Ui,  based  at 


least  upon  a   tacH 


!1( 


'ciiieiit,  it'  a  ]triiice  in  a  just  war  fails  to  observt 


them,  ])rovided  that  by  tiikiii.ii' an  oi»posite  course   he  does  not  violate 
natural  law,  he  can  be  accused  of  nothing'  mor<'  than  a  kind  of  dis 
coiirtesv.  in  that    he   has    not  oliscivcd    the    receiv<'(l  usa^e  of  those 
who  ieL;;iid  war  as  beiii^  one  of  t  he  lilieial  arts;  Just  as  ananiji'  fencin;.' 
masters,  one  who  luis  not   wounded  his  man  accordinj;'  to  the  rules  ol'   i*| 
art  is  rci:ardcd  as  an  i.uiioraiit  person. 

'i'lius.  so  loii^' as  none  but  just  wars  are  carrieil  on,  the  maxims  ol 
nat  iiral  lavv  alone  may  be  consulted,  and  all  the  customs  of  other  nations 
maybe  set  at  naui;lit  unless  one  is  interested  in  con  form  i  n  i;'  theret(»,  so 
as  t(>  induce  the  euemy  to  |)erforin  less  ri;;()idiis acts  of  hostility  a.u'ainsi 
us  ami  ayainst  our  p;irty.  Those,  however,  wh(»  undertake  an  nnjiisi 
w;ir,  do  well  to  follow  tliese  customs,  so  as  to  maintain  at  least  some 
moderation  in  tln'ir  injustice.  As,  however,  these  are  not  I'casons  that 
are  generally  to  be  considered,  they  can  constitute  no  universal  lavv, 
obli,i;atory  upon  all  nations;  especially  since  in  all  tliini>s  that  are  only 
based  upon  tacit  consent  anyone  may  decline  to  be  bound  by  them  by 
exjuessly  dcclarin::  that  he  will  not  be  so  bound,  and  that  he  is  williii.i;' 
that  others  should  not  be  there'uy  l)ound  in  tlieir  dealings  with  biui. 


APPENDIX    TO    PART    I'IKST. 


21 


iiilar  thills'^' 
iiw  of  every 
i(>  not  l»as('<l 
arc  the  same 
results  t'rniii 
iilnal  <>blij;a- 
t  purely  i'ini 
it(irs  ()!'  eaeli 
inu'  the  same 
■It'  laws  of  its 
(ceii  tloiie. 
of  a  modeiii 
iiid  by  law  ot 
L'l's  coiild  l»er- 
:  ill  tlie  states 
law  that  was 
1(1  marria.u<'S, 
\  il  law,  while 
tidiis.  hecaiise 
iicr  that  they 
llsti  a]. ply  the 
itteis  relating 
mseiit.  amoiij,' 
themselves  on 

■  hi<iliest  trlory 

,iiijj,'  how  skill- 

liirh  has  in  all 

s,  eoiiquerors, 

cir  ambititm. 
("  iias  ill  a  just 

of  war  and  ol 
\-  and  maiu;na- 
hings  and  ecr 
„  aVts  of  bos 
similar  thinjjjs. 
lion,  based  at 
Ills  to  observe 
DCS  not  violatf 

a   kind  of  dis 
lisaji't'  <^f  those 

uiioiiji'  feiieinfi 

to  the  rules  of 

Ithe  maxims  of 
]f  other  nations 
\\\\iX  thereto,  so 
|)stility  a.uainst 
take  iui  unjust 
at  least  some 
lit  reasons  that 
luiiiversal  law, 
Is  tliat  are  only 
liid  by  them  by 
lit  he  is  willinj;' 
lintif'  with  liiui. 


Wo  observe  that  not  a  tew  of  tiiesc  eiisliiiiis  iiave,  in  eonrsc  of  time  been 
;,liiilished,  and  that  in  some  eases  directly  opi>osilc  customs  have  been 
iiilroduced. 

Ill  vaiu  has  a  certain  writer  iinpiiiiiied  our  opinion  as  if  it  were  sub- 
vcisive  of  the  foundations  of  the  safety,  advanta.i>'e.  and  welfare  tif  iia- 
li(ins;  for  all  tliat  is  not  dependent  iipmi  the  customs  Just  referi'ed  to, 
hilt  upon  the  observance  of  the  natural  law,  which  is  a  much  more  solid 
principle  and  one  deseivinj>'  of  much  .ureater  resi)ect.  If  its  rules  are 
oirefully  observed,  mankind  will  not  have  much  need  of  these  customs. 
.M<ireover,  by  iiasin.ua  custom  upon  the  maxims  of  natural  law.  a  nnicli 
nioie  noble  oii<iiii  is  j;iven  it,  and  also  much  .ureater  authority  than  if 
it  were  made  to  depend  upon  a  i.'iere  a,t;reement  aiiioiin'  nati(tns, 

[()itiil;m.     IiitciiKilionMl    Iiiilcs  Mint  I  >iiil(iin;irv  of  tlic  Sen.     Paris,  ISOl,  \i)].  i,  Imolv 

I,  oil.  IV.,  ]iml;c71.     'rniiiNlaliini.] 

It  is  apparent  that  nations  not  ha\iii<.j  any  common  h'fjislator  over 
tlh ill  have  fre(|ueiitly  no  other  recourse  for  determiiiiii<i'  their  lespeetive 
liuiits  but  to  that  reasonable  sentiment  of  riiiht  and  wroiiji',  but  to 
tlinsc  moral  truths  already  brou.ulit  toli,i;lit  and  to  those  which  are  still 
to  lie  demonstrated.  This  is  what  is  meant  when  it  is  said  that  natural 
l;i\\  is  the  (irst  basis  of  international  law.  'J'his  is  why  it  is  important 
tliat  (ioveriiinents.  diplomats,  and  |iublicists  that  act.  iiciidtiate,  or 
write  u])on  such  matters  should  have  deeply  (rooted)  in  themselves  this 
sentiment  of  rij;ht  and  of  wroii.u'  which  we  havejust  defiiu'd.  as  well  as 
the  knowledjie  of  the  iioint  of  certainty  (point  de  certitude)  where  the 
liniiiaii  mind  has  been  able  to  attain  this  order  of  truths. 

Ihit  nations  are  not  reduced  only  to  that  li^ulit.  too  often  uncertain 
ul  liuimin  reason,  for  delinin,!;'  their  recijirocal  rights,  h^xperience, 
inniation  of  accomjdished  ]>iecedeiits.  and  lonu'  ]>ractical  usaj^'e  habit- 
ually and  p'lierally  observed  add  to  it  what  is  termed  a  ciistotH  which 
till  ins  the  rule  of  international  conduct  and  fioiii  which  tloAvson  one  or 
tile  other  side  positive  ri.u'lits  (adroit s).  The  binding-  force  of  custom 
is  t(»iiii(l(Ml  on  consent,  the  tacit  agreement,  of  nations.  Nations  have 
tlnis  tacitly  aj^iTed  amoiifi'  themselves,  and  they  have  bound  them- 
tlirou"h   this  tacit  aiireement,  for  the  reason  that  they   have 


selves 


lib 


inacticed  it  so  loii^'  and  so  ^'ei ., , . 

i'lie  sui)reiiiaey  of  custom  is  much  more  fre»|uently  exercised  and 
iinicii  more  extensive  in  international  law  than  in  private  law;  pre- 
cisely because  in  international  law  there  is  no  common  le^islatoi'  to 
icstrain  such  sui>remacy  l)y  formnlaliii.iu'  the  rule  of  conduct  !•>  writ- 
iujr.  Custom  is  olten  eomformable  to  the  li.ulit  of  reason  upon  that 
wliicli  is  riji'ht  or  w!'on.y'  be(!ause  it  emanates  from  communities  or  col- 
leitidiis  of  reasonable  beings:  but  freipieiitly  also  it  is  contrary  to  it, 
1m(  aiise  the  reason  of  man,  individual  or  eoliec,ti\('.  is  subject  to  error; 
tiiially,  it  tends  more  and  more  intimately  to  apitroacli  it,  because  tlii^ 
p;iili  of  man,  an  essentially  peifectilile  beiuy,  is  a  path  of  improvement 
and  i)i(»j;ress. 

******* 

ll  must  be  stated  that  treaties,  far  from  justilyin;;"  the  excbision  of 
tiKiial  truths  of  what  is  ri,nlit  or  wiouin'.  amoii<4'  nations,  which  one 
wi-lies  to  deduce  from  them,  i)reeisely  only  obtain  their  bindint;' force 
ImiI  I'lom  one  or  the  other  of  those  tiuths.  It  is  because  the  natural 
siiiiiiiieiit  of  riii'lit  dictates  to  all  that  a  re.i^ular  a<ireement  of  inde- 
luiiilent  wills  between  qtialilied  i>ersonsoii  allowable  subjects  and<!ases 
binds  the  contracting  parties  to  each  other,  it  is  therefore  that  treaties 


9'} 


ai;gumi;\t  of  the  unithi)  statk.-;. 


iivc  rccoLi'iii/cd  lis  ohli pillory.  They  only  driiw,  tlK-rcl'Drc,  flicir  ('iiiidiv- 
iiKMital  iiiillioiity  ('\(H|il  iVoiii  iiiilunil  law,  ciiiiildyiiin'  I'ur  :iii  iiistaiit 
this  t<'nii,  tlic  .sense  of  wliicli  wo,  Ikinc  hcloic  ('\|tlaiii('«l.  And  it  is  also 
IVoiii  natural  law  that  is  jicncrally  dt'duccd  tlir  idea  of  the  necessary 
(•ondif  ions  to  estaltlisli  the  \  alidity  of  treaties,  and  tliat  of  the  legitimate 
eons('(iue!ices  ensninu'  from  their  \iohition. 

[From  '-A  Mftliiiili(Ml  Systciii  nf  Inivcisal  L:i\v,"  liy  .1.  (!.   irciiicccin.s  (TiuiibiiirH 

TiMiisliit  i(iii),  vol.  1.,  (MJ.  17G;«.J 

Si'.c.  XII.  pa^c  .S:  Tlie  law  of  nature,  oi-  the  natural  rule  of  reeli- 
tude.  is  a  .system  ol  law  promulgated  by  the  eternal  (Jod  t(»  the  wlioh; 
human  rac*;  by  reason.  I'.ut  if  you  would  rather  eonsidei'  it  as  a 
science,  natural  nauality  will  be  liyhtly  (IcInhmI  the  practical  habit  of 
discoverino' the  will  of  the  sujueim'  le,i>islator  by  reason,  and  of  ap[)ly- 
ins'  it  as  a  rule  to  every  ])articular  <'ase  that  occurs.  Xow,  becau.se  it 
consists  in  deducin.n'  and  applyini;'  a  rule  eomiu,;;'  IVom  (lod.  it  may  be 
Justly  callcMl  <lirin<;  jiirispnuhttcr. 

Si;<'.  XXl.  i)a^'e  ll:  *Sinee  the  law  of  nature  comprehends  all  the 
laws  pi'onnd,oateil  to  maid<ind  by  I'i^ht  I'eason;  and  nu'u  may  be  con- 
sidered either  as  ])artieulars  sin;:ly.  or  as  they  are  uidted  in  certain 
jiolitical  b(»dies  or  societies;  we  call  that /<(/r,  by  which  tin*  actions  <»f 
particulars  ou.i^ht  to  be  jn'overned,  tin;  hiio  of  nafiirc,  "\d  we  call  that 
the  l((ir  of  )i(iiioiis.  which  determines  what  is  just  and  unjust  in  .society 
or  bei  ween  societies.  Ami  thereloi'e  the  precepts,  or  the  laws  of  l)oth 
are  the  same;  nay,  the  law  of  nationH  is  the  law  of  nature  itself,  re- 
spectinj;'  or  ap[)lie(l  t(»  social  lil'e  ami  the  alfairs  of  societies  and  inde- 
jx'ixlent  stales. 

Skc.  XKll.  jtaye  lo:  Hence  we  may  infer,  that  the  law  of  naturedoth 
not  dilfer  from  the  law  of  iiatitms,  neitlu'r  in  res|(cct  of  its  foundation 
and  lirst  principle",  nor  of  its  rules.  Inil  sohdy  witli  respect  to  its  object. 
Wherefore  their  ojtinion  is  i4r(»undless.  whospc  ikof,  1  know  not  what, 
law  (tf  nations  distinct  from  the  law  of  nature.  'J"he])ositi\«' or  second 
ary  law  of  nations  devised  by  certain  ancients,  does  noti>ro])(Mly  belono'- 
to  that  law  of  nations  we  ai'e  now  to  tr<-at  of.  because  it  is  neitiier  es- 
tal)lished  by  God.  nor  pronndyated  by  lij^ht  reason;  it  is  neither 
conmujn  to  all  mankind  nor  iiiichan'ic'alile. 


[I'i()i:i  \'a(tcl  oil  liu'  l..i\v  ol' Nations,  scvcntli  Aiiicric  an  eel.,  tSI!).] 

Thei'c  certainly  exists  a  natural  law  of  nati(tns  since  the  ((blijjfations 
of  the  law  of  nature  are  no  less  binding'  on  states,  on  men  united  in 
])(tlitical  society,  than  on  indixiduals.  Hut,  to  ac<piiie  an  exact  knowl- 
eiloeof  that  law,  it  is  not  sulticient  to  know  what  the  law  of  miturc 
pi'escribes  to  the  imlividuals  ot  the  human  race.  The  application  ofa 
rule  to  \arious  subjects,  can  no  otherwise  be  made  than  in  a  manner 
agreeal)le  to  the  natui'c  of  each  subject.  Hence,  it  follows,  that  tin' 
iKituial  law  of  imtions  is  a  particular  science,  e(»nsistin,y  in  a  Just  and 
rational  aitplication  of  the  law  of  nature  to  the  affairs  and  comluet  ol' 
nations  oi'  sovereigns.     (Preface,  pa^c  v.) 

The  moderns  are  f>'enerally  a.i;reed  in  vestrictin,<»'  the  api)elation  of 
"The  Law  of  Nations"  to  that  system  of  ri,.iht  and  justice  wliich  <uiglit 
to  pre\ail  between  nations  or  s(>\('reiui»  states.     (IMeface.  pa.u'c  VI.) 

The  necessary  and  the  volnntai'>  law  of  nati<ms  are  therefore  both 
established  by  nature,  but  each  in  a  dilVerent  manner;  the  former  as  a 
Haered  law  winch  nations  and  sovereigns  are  bound  to  resjject  and  fol- 
low iu  all  their  actions;  the  latter,  as  a  rule  which  the  general  welfare 


Al'I'KXDIX    TO    TAirr    ril.'ST 


23 


;iii(l  s;i(V(y  oltli.Lic  tliciii  to  .idiiiit  in  their  t liiusMctions  witli  oiicli  otlicr. 
The  iicccssiiiy  law  iniiiicdiatcly  itioctcds  fioiii  iiatiiie;  and  tliat  coiii- 
iiinn  iiiotlicj'  (>r  mankind  irconiincuds  flic  ohscivanfc  of  the  \<»Iiintary 
law  nl"  nations,  in  consideration  of  t  lie  state  in  which  mi  t  ions  stand  witii 
itspt'ct  to  eacli  otiiei',  and  lor  tii<>  advantage  oC  (heii'  all'airs.  (Preface, 
pii^c  xiir.) 

As  men  are  subject  to  the  law  of  nature — and  as  their  union  in  ci\  il 
Miiiety  can  not  have  exempted  them  from  the  oldiyation  to  (»hser\e 
tlidsc  laws,  since  Ity  that  nidon  they  do  not  cease  to  l)e  men,  the  entire 
nation,  whose  common  will  is  lait  the  result  of  the  unite<l  wills  of  the 
cili/.eiis,  remains  subject  to  the  hues  of  iKihirr,  and  is  hoiiml  to  respect 
tlirm  in  all  her  proceed  in, us.     (I'aye  LVi.,  sec.  o.) 

••We  must,  therefore,  apply  ti»  nations  the  rnles  of  the  law  of  natui'e, 

is  are,  and  what  tiieir  ri^ihts: 


III  11 
(■(■iisei 


//" 


rdcr  to  discover  what  their  ()l»lii«atio 


|ueiilly,  the  Iniv  of  luttioit.s  is  oriuiually  no  other  than  the  luic  of 


linr  applied  to  nations."     (I'aye  i.vi,  sec.  (J.) 


I  loiii    (i.    F.    von    Miirtcps,  J,;i\v   of  X.-itioiKS,    jiiilcc 


(t    Introduction.     ((Icrnnin.) 


Tl;in.sl:it(Ml  liy  WilliMUi  Col. lift,  Itli  cil.,  ISL'il.J 

The  second  sort  of  olili^ations  are  those  wli'cli  exist  between  nations. 


l',;irh   nation    beiiiy'  cnnsideied 


as 


a  moral  liciu".  liviii"'  in  a  state  of 


iiiiiiiit',  the  obligations  of  one  nation  towards  aiiotlier  ai'e  no  more  than 
tlmse  of  individuals,  modified  and  apjilicd  to  nations;  and  this  is  what 
is  called  the  iiHlin<tl  l<(iv  of  imtions.  it  is  iiiiinr.sdl  and  iiccc.'^siir//, 
hccaiise  all  nations  are  {^'overned  by  it,  even  a.uainst  their  will.  This 
law.  accoi'dinj;"  to  tiie  distinction  Ix'twecn  perfect  and  imperfect,  is  ]»('r- 
fcct  and  external  (the  law  of  nations,  strictly  siieakin^),  (»v  else  imper- 
fect and  internal,  by  which  last  is  understood  the  morality  of  nations. 

[Si:c.  12  ofllif  Positive  Law  ot' Nations.] 

It  is  hardly  possible  that  the  simple  law  of  nature  should  be  suflicient 
even  between  individuals,  and  still  less  between  nations,  when  they 
coine  to  freiiuent  and  carry  on  commerce  with  each  other.  Their  com- 
iiiiiii  interest  ohiiycs  them  to  soften  the  ri^dr  of  the  law  of  nature,  to 
render  it  more  deternnnate,  and  to  depart  from  that  i)erfi'ct  ecpiality  of 
ri;ilits.  which  nuist  e\'er,  accordino'  to  the  law  of  nature,  be  considered 
as  cxteiidino'  itself  even  to  the  weakest.  These  chanoes  take  place  iu 
v  ill  lie  of  conventions  (express  or  tacit)  or  of  simple  custom.  The  whole 
(if  ilie  ri,:ulits  ami  oblioatimis.  thus  established  between  two  nations, 
fniiii  the  positive  law  of  nations  between  them.  It  is  called  jtositirc, 
IMiticular,  or  arbitiary,  in  opjiosition  to  the  natural,  universal,  ami 
necessary  law. 

I  from  ,)au  llidenus  Ferjiiison,  Dutch,  but  apparently  written  in 
Kii-lish.  '•  .Manual  of  International  Law"  (l-SSt),  \'ol.  i,  Part  i,  <'h.  lit, 
sec.  L'l,  pao'e  (»(».] 

Iiilermdional  law,  beiny  based  on  international  morality,  depends 
upon  the  state  of  progress  made  in  civilization.  Hence  arises  the  ditli- 
ciilly  of  givino'  an  all-com]»rehendino-  deliiiition  to  international  law. 
\\  hat  ouf/ht  to  be  permanently  understood  anion o-  civilized  nations  as 
tlie  iiKiiii  ])rincii)les  and  the  basis  of  their  mutual  intercourse,  we  have 
noted  already-  to  be  the  moral  law  of  iialure.  Jbit  we  ha\-e  also  seen 
that  the  spirit  of  law  is  the  |)ractical  medium  throuo-h  which  this  o'cncral 
l;r'.\  intluences  huuumity  at  all  the  stages  of  proyres-s  on  the  road  to 
rivilizatiou. 


u 


ARCUMKX'r    OF     I'llF,    rMTKI)    sTATKS. 


TiivosM^iitiiifj  tlins  lliis  spirit  (*f  lnw.  we  liiid  tlic  dofiiiitioii  of  iiifor- 
liatioiial  law  in  cuiisist  in  rriiaiii  nihs  of  niuihict  irliicli  reason,  i)roiii)>l(d 
by  conscinicr,  dcilucrs  <is  <'0)isinmnl  to  JuNtici.,  iritli  such  liinit(itio)tN  (did 
modificationH  an  may  be  r.stabli.slicd  by  ijentra!  ronscnt,  to  meet  the  exiijen- 
cie.s  of  the  present  stale  of  society  as  e.vistiny  anion;/  nations  and  irhich 
modern  eirilized  states  rei/ard  as  liindinij  them  in  their  relations  with  one 
another,  irith  a  force  coniparatde  in  nature  and  dei/rec  to  that  biiidinij  the 
conscientious  pvrsoti  to  olicy  the  lairs  of  his  country. 

[From  "  Le  l>iiiit    I'nlilic  Iiitrrii;itioii;il    Miuitiiiic,"  ]i;ir  ('ailos 'I'lstu   (I'()rtii<i;npse), 
tl■utl^l;lt^(l  liy  II.  lidiitirdii,  ISMl,  part  I,  ciiMit.  1 ,  jimj^cn  10  <'/«('</. ) 

Force  may  constitiitt'.  in  pliysical  iiiatteis,  (lie  suitciidiity  of  one  iji- 
(lividual  ovor  anotlier;  Liit  I'eason  and  ('((nscicnco  cstaltlisli,  in  moral 
matters,  other  means  wiiich  are  controlled  by  the  notion  of  dnty  and 
rifi'ht.  It  is  the  whole  body  of  these  precepts,  which  are  Jnst,  neces- 
sary, and  imnnitable,  Cor  every  reasoninji'  beip;^',  and  .uraven  by  (lod  in 
the  bnman  conscience,  that  constitutes  the  natnral  or  ]»rimitive  law. 
The  ol)ject  of  a  law  rejinlatiny  the  conduct  of  men  is  to  iiii])ose  moral 
«»bli<iations  or  to  authorize  certain  acts  from  which  advantajjos  may 
result. 

In  the  former  ease  the  law  establishes  the  duty;  in  the  latter  it  con- 
siders the  rif;ht.  The  natural  or  i)rimitive  law,  when  it  desij^nates  the 
duties  that  it  imposes,  at  once  establishes  the  correlative  duties  which 
are  its  (uiturowth,  and  which  constitute  the  principles  of  natural  or 
primitive  law. 

The  science*  of  natural  law  is  theretore  based  upon  the  |uinciples  of 
that  intuitive  law  which,  while  ftivinji'  the  ability  to  practice  that  which 
is  morally  Jnst,  establishes  the  i)rinci]>lcs  to  be  observed  in  the  relations 
between  one  individind  and  another  for  the  dilfcrent  hypotheses  of 
social  life. 

Duty  is  a  niittter  of  ])rece[)t,  while  rij,dit  is  optional;  yet  I'inht  and 
duty  are  essentially  coiiclative;  and  in  the  rcci|)r(ical  relations  between 
one  individual  and  another,  that  which  constitutes  a  <luty  for  one, 
establishes  a  rinlit  for  another.  The  same  is  the  case  in  the  nuitual 
relations  of  collective  bodi«'s. 

It  is  an  axiom  which  results  from  the  study  of  the  nutral  nature  of 
man  that  alone;  and  isolated  he  canuol,  attain  his  welfare,  and  that 
sociaijility  is  a  condition  which  is  by  nature  necessary  to  enabh;  him  to 
attain  his  hi^hesf  advantauc  This  Tiatural  canse  has  ])ro(luccd  the 
family,  a  social  element  which  determines  the  formation  of  nations. 

Now,  natural  law,  which  is  essentially  connected  with  human  nature, 
and  which  prescribes  certain  i»rinciples  that  are  to  control  the  recip- 
rocal relations  between  one  individual  and  anotiier,  is  likewise  and  for 
the  same  reason  ai»plicable  to  tlu;  relations  existing'  anuMiu'  collective 
bodies  of  individuals,  which  constitute  so  many  nioial  entities.  It  is, 
therefore,  the  common  law  of  association — that  is  to  say,  of  nationali- 
ties. 

This  application  of  the  i»rec«^pts  of  natural  law,  which  oblijies  nations 
to  practice  tlu*  same;  duties  that  it  i>rescribes  lor  individuals,  consti- 
tutes the  law  of  nations,  which,  when  considered  accordinji' to  itsorij^in 
(which  is  based  upon  natural  law),  is  also  called  the  primitive  or  neces- 
sary law  of  nations, 

Kespect  for  the  law  of  nations  is  consi'(piently  as  oblij^atory  amon^ 
nations  as  is  respect  for  natural  law  amon.u  individuals. 

From  the  fact  that  the  various  civil  societies  which  form  nations  or 
states,  are  independent,  it  icsults  that  the  intcrmd  laws  which  consti- 
tute the  public  law  of  some  can  not  be  extended  to  the  others — that  is  to 


Al'PKNDIX    T(»    I'AIM'    FIHST. 


•JO 


of  iiitor- 
liroiiiplrif 
ttiinis  (Did 
he  txiiiin- 
(»((/  u-liivh 
s-  n-ith  OIK' 
indintj  the 

/■I 

of  ono  iu- 
I.  in  inoiiil 
f  duty  iuul 
usl,  ncc«'S- 

hy  (i'xl  i'l 
iiiitive  law. 
jMtsi^  moral 
itaji'os  may 

iltor  it  c(»n- 

.joiiiitcs  the 

uties  wliicU 

natural  or 

tiiuciplos  of 
■  tliat  wliicli 
herniations 
•potht'scs  of 

t   ri.ii'ht  and 

.nsbctwwu 

lity   for  one, 

the  uiutual 

|al  nature  of 
•c.  and  that 
Kihh'  him  to 
Iroduccd  the 

nations, 
man  nature, 
)1  the  reeip- 
jwise  and  for 
\\\<r  colh'ftive 
ti'ties.  It  is, 
]of  nati(»nali- 

lli<I»'s  nations 
lluals,  consti- 
to  itsorisi'in 
live  or  ueces- 

litory  among 

L  nations  or 
tvhieh  consti- 
Ls_that  ia  to 


-;iy,  the  Intennil  public  law  of  earh  nation  or  state  can  not  lie  re;;ar(U'd 
;is  an  external  ami  al>sohite  law,  to  wliich  olhers  must  submit. 

TIence  it  rrsnlts  tliat,  in  ord<'r  t»»  11\  the  lindts  at  wliicli  the  law  of 
ii;itions  stops,  it  is  absolutely  lu'ccssary  to  have  recourse  to  tbc  various 
I  icments  that  can  {;ive  it  i>iith.     These  elements  are: 

1.  Tlie  ji'eneral  principles  of  initnral  law.  constitntin.u' tlie  itrimitivc 
law  which  is  the  outgrowth  of  tlie  i>resnmal)le  consent  of  nat  ions; 

L'.  The  law  of  custom,  constituting  the  secondary  law  timt  ematmtes 
from  tacit  consent; 

3.  Conv«'nti(»nal  law,  likewise  constituting  the  secondary  law  which 
arises  from  e.\i)ressed  consent. 

The  origins  of  inteinational  law  are  tlu'refore  tliiei^  in  numl>er: 

1.  The  reason  and  the  consii-nco  of  what  is  just  antl  unjust,  inde- 
pindent  of  any  prescri]»tion; 

2.  Custom; 

."i.   Public  treaties. 

flie  ]>rinciples,  practices,  and  usages  of  the  law  of  nations,  in  accord 
;nice  with  these  limits,  regidate  tluM-onduct  of  nations,  and  it  is  tor  this 
reason  that  in  their  generality  they  (constitute  international  law. 

(.'onventional  law  nmy  abi'ogate  tln^  law  of  (;ustom,  but  it  loses  its 
(  liaracter  as  a  law  if  it  establishes  provisions  at  variance  with  initural 

1,1  w. 

Although  in  the  ])hilos()phical  older  natural  law  occupies  the  lirst 
place,  yet  ill  the  ])ractical  order  <tf  external  relations,  vlien  (piestioiis 
iire  to  be  decided  or  negotiations  conducted,  its  rank  is  no  longer  the 
same;  in  these  cases  the  obligations  coiitracte<l  in  the  name  of  conven- 
lioiial  law,  in  virtue  of  existing  treaties,  are  considered  in  the  lirst 
place.  If  such  treaties  are  lacking,  the  law  of  custom  establislies  the 
rule;  and  when  there  are  neither  treaties  to  invoke  nor  customs  to  tbl- 
low.  it  is  usual  to  proceed  in  accordance  witli  wliat  reason  establishes 
a>  Just,  and  with  the  simple  princi])l(;  of  natural  law. 

When  external  pnl>lic  law  derives  its  origin  from  the  law  of  conven- 
tion and  custom,  it  constitutes  what  publicists  designate  as  positive  or 
secondary  international  law;  when  it  is  derived  merely  from  the  i)riii- 
(•i|)les  of  natural  law,  it  is  called  the  primitive  law  of  nations. 

IIKnu  IJiirlaiiiaqui  "The  rrinciplcs  oC  \:itiii;il  and  Politir,   fiaw."    TrniisLitcd  liy 
Nuffont,  IS'J'3,  I'art  ii,  rli.  vi,  pages  13.j,  13G.] 

IV.  All  societies  are  formed  by  the  concurrence  or  union  of  the  wills 
of  several  persons  with  a  view  of  acquiring  some  advantage.  Hence 
it  is  that  societies  are  (considered  as  bodies,  and  receive  the  ai)pellation 
ol'  moral  jjersons.     *     *     * 

\ .  This  being  supposed,  the  establishnuMit  of  states  introduces  a 
kind  of  society  amongst  them,  similar  to  that  which  is  naturally 
btiween  men;  :rud  the  same  reasons  which  induce  men  to  maintain 
iniioii  among  themselves,  ought  likewise  to  engage  nations  or  their 
snvereigns  to  keep  iij)  a  good  understiinding  with  one  another. 

It  is  necessary,  thereibre,  there  slKuild  be  some  law  among  nations  to 
s(  rve  as  a  rule  for  mutual  commerce.  Now  this  law  can  be  nothing 
else  but  the  law  of  nature  itself,  which  is  tJien  distinguished  by  the 
name  of  the  law  of  naticnis.  JSi'atiiral  law,  says  Ilobbes,  very  Justly 
(l>c  Cive,  cap.  14,  sec.  4),  is  divided  into  the  nntural  Inic  of  man  and.  the 
ti'ihind  law  of  staft'H;  and  the  latter  is  what  we  call  law  of  nations. 
Tims  natural  law  and  the  law  of  nations  are  in  reality  one  and  the 
same  thing,  and  difler  only  by  an  external  denomination.  We  must 
thercfoi-e  say  that  the  lawof  nations,  luojierly  so  called,  and  considered 
as  a  law  proceeding  from  a  superior,  is  nothing  else  but  the  law  ol"  na- 


2G 


AKiii'Mi'.N'i'  OK  'I'm;  rMrr.i)  statks. 


line  ilsfir.  not  ;i|ijilic(|  In  iiicii,  (•(iiisidcicd  simply  iis  siicli.  Itiif  to  ii;itioiis, 
Sliitcs.or  tiM'ir  rliit'ls,  in  tlio  I'dat i(»iis  they  Inivc  tuiictiici,  iiiid  tlic 
several  interests  tliey  liav<'  to  niana;;!'  between  each  other. 

VI.  Tlu'ic  is  no  room  to  f|uestion  the  reality  an<l  eeitainty  of  sneli  n 
law  of  nat  ions  obliL^atory  of  its  own  natnre.  and  to  wlneli  nations,  or  tlie 
sovei'eijiiis  tiiat  ride  tiiem,  on^lit  to  sidtmil.  l''or  if  (lod  by  means  of 
rifi'lit  reason  imjioses  eertaiii  duties  between  individnalM,  it  is  evident  lie. 
is  likewise  willinu  tliat  nations,  wliieli  are  only  linman  societies,  siiould 
observe  the  sann-  duties  between  tiieiuselves.     (See  cli.  v,  see.  8.) 

Si;<'.  iX.  *  *  *  Thei'e  is  certainly  au  universal,  necessary,  and 
self  obliji'atory  law  of  nations,  wlueii  dilfers  in  nothing'  from  the  law  of 
nature,  an<l  is  consequently  immutable,  insonnicli  that  the  ])e()|)le  <u- 
so\'erei;:ns  can  not  dis|)ense  with  it,  incn  by  eominon  consent,  without 
tiansuressinii'  their  (hity.  Theic  is,  besides,  another  law  of  nations 
which  we  nia.\  call  arl»itrary  and  free,  as  founded  only  (»n  an  oxi)iessor 
tacit  convention,  the  eti'ect  of  which  is  not  of  its(df  universal,  beinj; 
oitliyatory  only  in  re<;ard  to  those  who  have  voluntarily  subiidtted 
thereto,  and  only  so  lon^'  as  they  ploase,  because  they  are  always  at 
liberty  to  chan,u'e  or  repeal  it.  To  t  his  we  nuisL  likewise  add  tiiat  the 
whole  foice  t»f  this  sort  of  law  (»f  nations  ultimately  depends  on  the 
law  of  nature,  which  c(»mmaiids  us  to  be  true  to  our  enuaiicments. 
Whatever  reall.s  beioiiii's  to  the  law  of  nations  may  be  reduced  to  one 
or  other  of  these  two  species;  and  the  use  of  this  distim'tion  will  easily 
ai»pear  l)y  applyin.i;'  it  to  jiarticular  (pU'stions  which  relate  either  to 
wai',  for  example,  to  ambassadors,  or  to  public  treaties,  and  to  the  de- 
eidinji'  of  disputes  which  sometimes  arise  eoueerniny  the.se  matters 
between  sovereigns. 

Sioc.  X.  It  is  a  point  of  importance  to  attend  to  the  ori,ii'in  and  natui-e 
of  tlu^  law  of  imtions,  such  as  we  have  now  explaiiu'd  them.  For,  be- 
sides that  it  is  always  advanta,iii'ous  to  form  Just  ideas  of  thiivy's,  this 
is  still  more  necessary  in  matter  (»f  i)ractice  ami  morality.  It  is  owin.n' 
])erlia])s  to  our  distin,ynishiiij;'  the  law  of  nations  from  natui'al  law,  that 
we  have  insensibly  accustomed  ourselves  to  form  (piite  a  dilferent  ,jml,y- 
nuMit  between  the  actions  of  sovereij^'ns  and  those  of  ])rivate  jjcople, 
Xothiuij'  is  nmre  usual  than  to  see  men  condemned  in  common  Ibr  thinj^s 
which  we  j)raise.  or  at  least  excuse  in  the  jiei'sctns  of  ])riiices.  And  yet 
it  is  certain  as  we  have  already  shown,  that  the  maxims  of  the  law  of 
nations  Inive  an  e(|ual  authority  with  those  of  the  law  of  nature,  and  are 
e(].ndly  respectable  and  sacred,  because  they  havedod  alike  for  their 
author.  In  short,  tiiere  is  oidy  onc^  sole  and  the  same  rule  of  justieo 
for  all  mankind.  Pi'inces  who  infrini^'e  the  law  of  nations  eoinmit  as 
great  a  ciime  as  private  ])eople  who  violate  the  law  of  nature;  and  if 
there  be  any  ditl'eren(;e  in  the  two  eases,  it  must  b(!  char.ii'ed  to  the 
ju'iuce's  account,  whose  unjust  actions  are  always  attended  with  more 
dreadful  conse(]uenci's  than  those  (d'lirivate  people. 

Othei- citations  miiiht  be  added  almost  indelinitely.  The  following 
references  mav  be  added: 

¥.  de  .Martens,  Int.  La^v,  Paris,  ISS:?,  Vol.  1,  pages  11),  20;  Li.  K.  P. 
Tuparelli  (rA/e.!;lio,  de  hi  C(»mpa<iine  de  .b'sus,  Traduit  de  ritalien, 
deux  ed.  tome  ii,cli.i:;  Grotius  De  ,lure.  Belli  ae  Pacts.  Prole,!4':  lleff- 
ter,  Int.  Law  of  lOuroite,  pa;.;'e  2;  Pluntsehli,  Lo  Droit  Int.  ('odilie, 
])a,u'es  1.  2;  I'as(pude  I'iore.  Ixxtk  1,  eh.  1  ;  Ahi'ens,  Course  of  Natural 
Law  and  The  Philosophy  ot  Law,  Vol.  ll,  book  ill,  eh.  1 ;  M.  (L.AIasse, 
Comnuu'eial  Law  in  its  Jfelations  to  the  Law  of  Nations,  etc.,  Paris, 
IS7I,  book  1,  Lib.  Ii,  eh.  1,  ])ajie  iVi;  Louis  Penault,  Introduction  a 
I'Etude  du  Droit  luteruational,  Paris,  IST'J,  pages  13.  14, 


JUiasDlt'TlUNAL    AMj    UTlIKi:    KlLIHTsi    uVKli    liEUING    Hl.X.     27 


0  nations, 

•,  iUld    tlH5 

of  sncli  ii 
ons.  or  tlie 
i'  menus  of 
I'vitlt'iit  li»' 
ics,  slioiild 
•.  S.) 

ssiiry,  and 

tlic  law  of 

ix'oplt'  or 

it,  witliout 

of  nations 

ex])ressor 

rsal,  bcinj? 

submitted 

\  always  at 

1(1  that  tlio 

uds  on   tlie 

ina^i'emeiits. 

iced    li>  one 

1  will  easily 
e  either  to 
I  to  the  de- 
>se  matters 

1  iind  nature 
{''or,  1)0- 
hiii,y-s,  this 
It  is  owinn' 
al  law,  that 
erent  .iiid.u- 
ate  jteople. 
I  for  thinji's 
And  yet 
f  tlie  law  of 
ire,  and  arc; 
a'  for  their 
e  of  justiei! 
commit  as 
ture;  and  if 
ri;-ed  to  the 
1  with  more 

folio  Wlll.U' 

0;   Li.  K.  P. 

de  ritalieii, 
role.ii:  nell" 
Int.  Codilie, 
of  Natural 
[I.  (1.. Masse, 
etc.,  Paris, 
Iroduction  a 


R'.5 

m 


SECOND. 

THE  AC(^UISITION  BY  RUSSIA  OK  JURISDICTIONAL  OR  OTHER 
RIGHTS  OVER  BERING  SEA  AND  THE  TRANSFER  THEREOF  TO 
THE  UNITED  STATES. 

i'lie  llrst  four  (juestiotis  submitted  totlie  ili,i:h  Triluinal  by  the  Treaty 
are  these: 

1.  What  exclusive  Jiirisdietion  in  the  sea  now  known  as  the  P.ehrinjj's 
Sea,  and  what  exclusive  ri^iits  in  the  seal  lisheiies  therein,  did  Kiissia 
assert  and  exercise  prioi'and  up  to  tlic  time  ol' i  he  cession  ot' Alaska,  to 
tiie  I'nited  States? 

L".  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  lisheri(>s 
icco^iii/.ed  and  conceded  by  (Ireat  IJrilain  .' 

.">.  Was  the  body  ot'  water  iiow  known  as  the  P>ehiiii;n'  Sea  inclmled 
ill  the  jilirase  '  I'acitic  Ocean.' as  used  in  the  ticaty  of  ISlM  between 
(ii'cat  P>ritain  and  Russia;  and  wiiat  ri,L;hts,  if  any.  in  the  P.elirinj,^ 
Sea  were  held  and  exclusively  exercised  liy  Russia  after  said  treaty  ' 

I.  Did  not  all  the  rights  of  liussia  as  to  jurisdiction,  and  us  to  the 
.  sral  fisheries  ill  Berinji"  Sea  east  of  the  wiiter  boundary  in  the  treaty 
ht'tweeii  tlu'  rnite<l  States  and  Russia  of  the  ■">Otli  of  ^larch,  1807,  i)as.s 
unimpaired  to  the  United  States  under  that  treatylJ 

i'lie  learned  Arbitrators  niay  have  themselves  had  oecasion  to  ob- 
serve, and,  if  not,  it  will  at  an  early  sta;i'e  in  tiie  discussion  oi  tills  coii- 
ti ( I versy  become  manifest  to  them,  that  in  tiie  coiisi<leration  by  writers 
upon  internati(mal  law  and  by  learned  judj;es  a<lministcrinj;'  tliat  law, 
of  the  authority  which  nations  may  cxt'rcise  upon  the  high  seas,  two 
siilijects,  essentially  distinct,  luive  been  halntually  confounded,  and 
li.ive  not,  even  lit  this  day,  been  clejirly  separated  and  detined.  One 
is  t lie  exercise  of  the  sovereign  right  of  iiial<ing  laws  o[ierative  upon 
the  high  seas  and  binding  as  well  upon  foreigners  as  citizens,  which 
I  i.L^lit  must  necessarily  be  limited  by  some  delinite  boundary  line.  The 
iither  is  the  protection  atlbrded  by  :  eation  to  its  property  and  other 
ri-lits  by  reasonable  and  necessary  acts  of  power  against  the  citizens 
III  other  nations  whenever  it  may  be  necessary  on  the  high  seas  wi;h- 
'mU  regard,  to  any  biuindary  line.  Much  of  this  confusion  has  arisen 
iiiid  li'.'cn  fostered  by  the  lack  of  luecision  in  the  meaning  of  woids. 
Tlie  term  "Jui'lsdicition"  has  from  the  first  been  iiidi'i'eniit  ly  employed 
til  denote  both  things.  It  has  thus  become  a  word  of  ambiguouti 
iiiiliort. 


28 


AHCJUMKN'I'    or    TIIK    UMTr.D    STATICS. 


Tlioso  two  siihjccf.s  may  iijiptnr  to  liavo  boon  to  Hoin(5  extent  eon- 
loiiiidcd,  or  hloiided,  in  tlic  niin<ls  ot  the  nc^^otiiitors  of  tlie  treaty,  for 
tlio  four  (luostions  now  about  to  bo  considored  a})p«'ar,  at  tlnst  view,  to 
t'lnbraco  b(»th.  The  Tribunal  is  railed  u[M)n  to  determine,  on  the  one 
lumd,  what  crchtsirc  ji()in(Urtioii  in  lUrintj  tiea  Russia  has  asserted 
and  (jxercised,  which  may  not  unreasonably  be  viewed  as  referring 
to  the  exen-ise  of  the  sovereij>n  jxiwer  of  legislation  over  that  sea, 
tantamount  to  an  extension  <d'  territorial  sovereignty. 

It  is  also  ealled  upon  to  deternunt!  what  exclusive  right  in  the  "seal 
lisiieries"  in  Bering  Si'a  Itnssia  asserted  and  exercised  prior  to  the 
cession  to  the  I'nited  States — a  totally  ditferent  question — although  a 
decision  of  it,  allirming  the  ex(!lusive  right,  might  (^arry  with  it,  as  a 
conse<inenee,  the  right  to  i)rotect  such  fisiierieH  by  a  reasonable 
exercrise  of  nati(nial  i>ower  anywhere  upon  the  seas  where  such  exer- 
cise might  be  necessary. 

And  yet  it  is  not  probable  that  the  negotiators,  even  if  the  two  ques- 
tions were  to  them  distinctly  in  vhnv,  really  intended  to  assign  a  dis- 
tinct and  separate  importance  to  the  Jlriit.  The  feal  controversy  was 
upon  the  second,  and  thajirst  was  intended  to  be  included,  only  so  far 
as  it  might  have  a  bearing  upon  the  second.  This  is  (piite  manifest 
from  the  circumstance  that  in  luMther  of  the  I'oui'  f|uestions  is  the  first 
of  the  two  rights  or  claims  stated  alone  and  ai>art  from  the  other;  an<l 
still  more  from  tlie  language  of  the  secoiul  question,  which  clearly  im- 
plies that  the  claim  of  a  right  to  exercise  anthority  on  the  sea  in  defense 
of  a  property  interest  is  the  one  principally  intended  to  be  submitted. 
The  language  is  as  follows:  "  How  tar  were  these  claims  of  Jurisdiction 
as  to  the  seal  fisheries  recognized  and  c(uiceded  by  Great  Britain."  This 
language  clearly  shows  that  the  Kicis"  m  claims  of  exclusive  .jurisdic- 
tion designed  to  be  submitted  to  tli'  Tribunal  were  such  only  as  as- 
serted a  right  to  protect  the  seaii.ig  interest  of  Russia  by  action  upon 
Bering  Sea.  And  there  is  uothing  in  the  dii>lomati<!  correspondence 
which  led  u])  to  the  treaty  dischising  any  assertion  on  the  part  of  the 
United  States  to  the  effect  that  Russia  had  ever  gained  any  right  of 
exclusive  legislation  over  that  sea.  On  the  contrary,  such  assertion  had 
been  emphatically  disdainu'd. 

It  is  by  no  nuMiis  intended  in  what  has  been  said  that  the  question 
what  authority  <»n  Bering  Sea,  or,  to  use  the  ambiguous  word,  what 
"Jurisdiction"  in  Bering  Sea,  Russia  had  asserted  and  exercised  in 
relation  to  her  sealing  interests,  is  unimportaut.  That  question,  although 


JURisniCTioNAr,  AM)  oTirru  i;i(iiiT>^  ovkr  nEuiNO  sea. 


20 


[tent  oon- 
:ri';ity,  for 
\t  view,  to 
»n  the  one 
^  asserted 
1  vrfciring 
c  tluit  sea, 

I  the  "  seiil 
ior  to  the 
iiUh<)U}j;h  a 
ith  it,  as  a 
reasonable 
such  exei'- 

letwoquea- 
ssign  a  <lis- 
romny  was 
only  80  far 
ite  manifest 
is  the  first 
other;  an<l 
•learly  im- 
ain  defense 
submitted, 
urisdietiou 
ain."    This 
ve  Jurisdic- 
only  as  as- 
aetion  upon 
espondenee 
part  of  the 
any  right  of 
isertion  had 

the  question 
word,  what 
exercised  in 
on,  although 


in  no  sense  a  vital  one,  has  a  ntaterial  Ifearing,  and  was  designed  to  lio 
(•nil)raee(l  by  tlu^  arbitration.  Tlie  (lucstion  wiu'ther  property  rights 
ind  intt'rests  exist,  is  one  thing;  the  question  what  the  natictn  to  whieli 
tliey  belong  may,  slu)rt  (»lan  exercise  of  the  sovereign  power  of  exclu- 
sive legislation,  do  by  way  of  i)roteeting  them,  is  another;  and  botli  are 
liy  the  treaty  submitted  to  the  Tribunal.  Siicmld  it  appear  that  I'lissia 
liad  fi  r  nearly  a  century  actually  asseited  and  exercised  an  authority 
in  Beiing  Sea  for  the  pui'[)ose  of  protec^ting  her  sealing  interests,  and 
iliat  Oreat  Britain  had  never  resistc'd  or  disputed  it,  it  would  be  (piitii 
i(M)  late  for  her  now  to  draw  the  reasonableness  of  it  into  question. 

A  studied  elfort  is  made  in  the  Case  of  Great  Britain  to  make  it 
;ippear  that  tlu^  tJuited  States  have  shifted  their  ground  from  time  to 
time  in  relation  to  tlie  sultject  of  this  conti'oversy,  by  first  ass(Tting 
that  Bering  Sea  was  mare  clausum;  then  by  s(!tting  up  an  ex<'lusive 
jurisdiction  over  an  area  with  a  ladius  of  100  miles  around  the  Pribilof 
Islands;  and,  lastly,  ay  abandoning  both  those  positions,  and  asserting 
ii  property  interest  in  the  herds  of  seals.  This  ajtpears  from  the 
deliberate  statenuMit  whi(!h  closes  the  Seventh  Chapter  of  the  Case  of 
(ii'cat  Britain,  as  follows: 

Tlie  facts  stated  in  this  chapter  show: 

That  the  original  gr(nind  upon  which  the  vessels  seized  in  ISSG  and 
I^ST  were  condemned,  was  that  Bering  Sea  was  a  marc  cUutsiim^  an 
inland  sea,  and  as  such  had  been  conveyed,  in  part,  by  Russia  to  the 
I  lilted  States. 

fliat  this  ground  was  subsequently  entirely  abandoned,  but  a  claim 
wiis  then  nnide  to  exclusive  Jiirisdiction  over  100  miles  from  the  coast- 
liiicof  the  United  States'  territory. 

That  subse(iuently  a  further  claim  has  been  set  up  to  the  efl'ect  that 
tlie  United  States  have  a  property  in  and  a  right  of  protection  over  fur- 
Muls  in  nonterritorial  waters. 

It  will  be  necessary,  in  order  to  expose  the  error  of  this  statement,  to 
Inieily  review  the  several  stages  of  the  controversy,  and  draw  atten- 
tiuii  t()  the  grounds  up(m  which  the  Government  of  tlie  United  States 
liiis  taken  its  positions. 

It  was  in  September,  1886,  that  the  attention  of  that  Government  was 
tirsf  called  by  Sir  L.  S.  Sack ville- West,  Her  JMajesty's  minister  at  W'ash- 
iiiiiton,  to  a  r(!i)orted  seizure  in  Bering  Sea  of  three  British  siniling 
vissels  by  a.  United  States  cruiser.  Information  only  respecting  the 
iiiliiir  was  at  tirst  asked  for,  and  considerable  delay  occurredin  procuring 
it  but,  prior  to  September,  1887,  copies  of  the  records  from  the  United 
States  Distriiit  Courtof  Alaska  of  the  seizure  and  condemnation  of  these 
Vessels  had  been  furnished  to  the  British  Governmeut.    It  appeared 


30 


ARGUMKNT    OF    TIIH    UNITED    STATES. 


iVdiii  tlic-c  tliiit  Ilif  si'i/.iir(\s  were  minlc  in  i;;:iii<;'  Sea  at  a  {ri'oater 
(lista.icc  tliiiii  tlifoMiiilt'S  IVom  the  liiiid:  and  tliiM»'ii|)(iti  liord  Salisbury. 
ai)|»ai('iilly  assuniiii;;'  llial  tlic  stat  litems  of  tlie  rnitcd  States  wliieli  an- 
tliori/cd  rlic  sci/.iircs,  were  b.iscd  iiitoii  sonic  supposed  jurisdiction  over 
lleiin^'  8('a  a(;(|uiird  from  K'ussia,  addressed  a  note  to  8ii'  L.  S.  Saelv- 
\i!lc  West,  in  wiiicli  lie  called  attention  to  tlie  Ku.ssiaii  ukase  of  1821, 
wliicii  asserted  a>  peculiar  rii^lit  in  that  sea,  the  objections  of  the 
United  States  and  Great  Uritain  to  tliat  assertion,  and  the  treaties 
between  those  two  nations,  respectively,  and  Hussia  of  lS2t  and  182i5, 
ami  insisted  that  these  documents  furnislied  evideneeconelusively  sliow- 
ini:  Miat  the  seizures  were  unlawful.' 

The  United  States  (iovcrinncnt  did  not  then  rejdy  to  the  point  thus 
raised:  but  its  first  attitude  in  relation  to  the  matter  was  to  suiij^est, 
by  notes  addressed  to  the  diUcrent  maritime  nations,  that  a  pcciilidr 
2)rni)crt!/  infircst  was  involved,  which  mijilit  Justify  the  United  States 
(loxernuH'nt  in  e\crcisin,ij  (ui  (xvcptiomd  nuiriitc  JKiisdictioii;  but  that 
inasmucli  as  tlu^  race  ol'  fur  seals  was  of  great  importance  to  commerce 
and  to  mankind,  it  seemed  the  i)art  of  wisdom  for  the  nations  to  con- 
sider whether  Some  concurrent  measures  might  not  be  agreed  to  which 
would,  at  the  same  time,  pr<'seive  tin;  seals  and  dispose  of  the  cause  of 
possible  controversy.'-'  'I'iie  //y.s7  attitude,  therefore. taken bythe  United 
States  was  the  sugirestion  of  i\  jimixrlii  iiilrresi,  and  of  an  exceptional 
maritinu'  right  to  i)roteet  it  by  preventing  the  destruction  of  the  seals; 
but  that  all  nations  ought  to  unite  in  measures  which  would  i)reserve 
them,  and  thus  avoid  occasion  for  controversy  concerning  the  right. 

On  the  22(1  of  January,  1S!K»,  Mr.  Blaine,  who  had  succeeded  Mr. 
Bayard  as  Secretary  of  State,  had  occasion  1o  make  answer,  in  a  note 
to  Sir  .lidian  I'auncefote,  to  further  complaints  on  the  jiart  of  the 
British  (lOvcinnuMit  concerning  the  course  of  the  United  States 
cruisers  in  interceitting  Uanadian  \cssels  while  engaged  in  taking  fur- 
seals  in  the  waters  of  U.eriiig  Sea.  In  the  outset  of  his  commiinica 
tion  Mr.  IJIaine  beginsby  ])oiiiting  out  that  it  is  unnecessary  to  disclls^ 
any  question  of  cxclusi\'e  jui'isdictiiui  m  the  Uidted  States  ovei'  tlu; 
waters  of  that  sea,  because  there  were  other  grounds  np(Mi  which  the 
course  of  the  Unite<l  States  was,  in  lisoj'inion,  fully  jistilied.  Ilethus 
expresses  himself: 

In  the  opinion  of  the  I'l'csident.  11i(>  Canadian  vessels  arrested  and 
detained  in  the  Ilehring  Sea  were  engaged  in  a  i)ursuit  that  was  in  itseil 


'C'lisr  of  tilts  I'liitcil  StMti's.     jVppciKlix,  Vol.  I,  ]).  1013. 
'Ctiso  of  tlio  IJuitcd  Sliitoa.    Aiiiioudix,  Vol.  i,  p.  108, 


JCRISDICTION'AL    AN!>    OTUriJ    IMCII'l'S    0\KI{    I'-KUINO    8F.A. 


31 


liilisbmy. 
vliich  au- 
ction <)v<'i' 
,.  S.  iSack- 
,e  of  1821, 
ns  of  the 
i(>  tvt'iities 
and  l>Sl,'r), 
vely  fsliow- 

poiiit  thus 
:o  sujisest, 
,  a  pcctd'Ktr 
lU'd  States 
}i:  but  that 
I)  comuieree 
ions  to  con- 
ed to  which 
the  cause  of 
ytlie  United 
exceptional 
>fthe  seals; 
Id  prescrvM' 

ic  vifiht. 
•(•ceded   iMv. 
V.  in   a  note 
part    ol'  the 
itcd    States 
takinj;  I'nv- 
coiuntunica 
|ry  to  discuss 
es  over  tlu; 
11  wliicli  the 
m1.      He  thus 


la  nested  and 
was  in  itseil 


cnnira  bonoa  mores,  a  i»ui'suit  w  Iiicli  ol'  necessity  inxolves  a  serious  and 
pciiiianeut  injury  to  the  ii,ulits  of  the  (Jovcrnnu'nt  and  jteo])]*' of  the 
I'liited  States.  To  estal)Iisli  this  ground  it  is  not  necessary  to  ai-uO 
tlie  (piestion  of  the  extent  and  nature  of  tiie  sovcreijiiity  of  tiiis  (iov- 
fiiinient  over  the  waters  of  tlie  lleliriiij:'  Sea;  it  is  not  necessary  to 
explain,  certainly  not  to  define,  the  ]io\\ersaiid  i»rivi]e^('s  ceded  l)y  Ills 
liiipevial  Majesty  the  Kiii]»eror  of  Ifiissia  in  the  treaty  by  which  the 
Alaskan  territory  was  transferred  to  the  I'liited  States.  The  wel,i;lity 
considerations  j;idwin.u'  out  of  the  accpiisition  of  that  territory,  with 
all  the  ri,yhts  on  laud  and  sea  insei)aral)ly  connected  therewith,  may  be 
safely  lelt  out  of  \  iew,  while  the  grounds  are  set  Ibrtli  upon  which  this 
(lovernnient  rests  its  Justification  for  the  actiou  coniplaine<l  of  by  Jler 
Majesty's  CloNciiinient. 

.Mr.  Blaine  then  i»rocce(ls  to  ]ioint  out  tliat  long'  before  the  acquisi- 
tion of  .\laska  by  the  United  States  the  fur-seal  industry  had  l)een 
established  by  JJussia  upon  the  I'ribilof  Islands,  and  that  while  she 
liad  eoutr(d  over  them,  her  ])ossession  and  enjoyment  thereof  were  in 
no  way  disturbed  by  other  nations;  that  the  United  States,  since  the 
cession  of  JSIJT,  had  continued  to  cairy  on  the  industry,  cherishinji'  the 
iierd  of  fur-seals  on  those  islands  an<l  enjoyin;;'  the  a<lvaiita.ue  thereof; 
I  lliat  ill  the  year  188(5,  vessels,  imtstly  (Canadian,  were  titled  out  for 
ihe  ])urpose  of  takiu<f  seals  in  tlui  oi)eii  sea.  ami  that  the  inimber 
nf  vessels  en,i;a.u(.'d  in  the  woik  had  contiiinally  increased;  that  they 
I  ii.!.;a,i>ed  in  an  indisciimiuate  slaughter  ot  the  seals,  v«'ry  injurious  t(> 
liie  industry  prosecuted  by  the  United  States,  and  threatening  tlu;  ex- 
iri  iiiinalion,  sniotantially.  (»f  the  s])eeies.  lie  insisted  that  the  ground 
iilioii  which  Her  Majesty's  ('.ovciiinient  was  disjiosed  to  defend  tiiese 
Ciinadian  vessels,  vi/.,  I  hat  tlieir  aeis  of  (b'striiel  imi  were  comnf  .  ted  at  a 
ilistance  of  more  than  tiiiee  milt  s  from  the  shore  line,  was  wholly  insuf- 
tirieiit ;  that  to  extermimu  •  i!ii  animal  useful  to  maiikiinl  was  in 
itself  ill  a  high  degree  immo..ii,  besides  lieing  injuricms  to  the  interests 
el'  the  I'liited  States:  tlioi  the  *'  knv  ot  tin'  sea  is  not  lawlessness,"  and 


ha 


t    the   libert\    which    ir   corrers  could    no' 


per\cited   to  justify 


arts  wliic!;   are  immoral  in    themselves,  and   which   inevitably  tend  to 
results  against  the  interests  and  against  the  welfare  of  mankind." 

It  is,  therefore,  enii'cly  clear  that  ^(c.  lUaine  improxcd  the  (irst 
eicasl"!  .poll  which  he  was  called  upon  to  refer  to  the  snlijcct.  to  place 
tlie  claims  of  the  United  States  distinctly  on  the  ground  of  a  jiroptrfi/ 
iiilcrcst,  which  could  not  be  inteit'ered  with  by  other  nations  upon  tin* 
liigh  seas  by  praetic(\s  wliich  in  theaiselves  wee  essentially  immoral 
iiiil  eonliaiN'  to  the  law  of  natiiie.' 


Mr.  Blaiuu  to  (Sir  .luliuii  J'iiU'etroti;,  C'uso  oltlioUniiuil  Status,  .\ppi;ailix,  Vol.  I 


Ji.  W, 


32 


ARGUMENT    OF    THE    UNITED    STATES. 


This  corrospmidcnce  was  followed  by  fiirtlier  diplomatic  coinninnica- 
tioiis  lookiiij;'  to  the  establisliinent  of  ro<;ulations  desif>iied  to  lestrict 
pelagic  sealing;  and  on  the  22d  of  May,  1800,  the  JNIarquis  of  SaUs- 
bnry  addi'essed  a  note  to  Sir  Jnlian  Pannccfbte,  in  tlie  nature  of  an 
sinswer  to  tlie  note  last  above  mentioned  from  Mi'.  Blaine,  and  it  ap- 
pears from  tliis,  very  clearly,  that  he  did  not  misunderstand  the  posi- 
tions taken  by  ^Ir.  Blaine.     lie  thus  expresses  himself : 

Mr.  Blaine's  note  defends  the  acts  complained  of  by  Her  Majesty's 
Government  on  the  following  ground: 

1.  That  "the  Canadian  vessels  airested  and  detained  in  the  Behring 
Sea  were  engaged  in  a  ])ursuit  that  is  in  itself  contra  bonos  mores — a 
l)nrsuit  whicli  of  ncH-essity  involves  a  serious  and  |>ermanent  injury  to 
the  rights  of  the  G<»vernnu'nt  and  people  of  the  ITnited  States". 

2.  That  the  flsheries  had  been  in  the  undisturbed  possession  and 
under  the  exclusive  contnd  of  Russia  fiom  their  discovery  unlil  the 
cession  of  Alaska  to  the  United  States  in  18<)7,  and  that  from  this  la.> 
onwards  until  ISSO  they  had  also  remained  in  the  undisturbed  pvf..'  r- 
sion  of  the  United  States  (iitvernment. 

3.  That  it  is  a  fact  now  held  beyond  denial  or  doubt  that  the  i  ikiog 
of  seals  in  the  open  sea  rajiidly  leads  to  the  extinction  of  the  species, 
and  that  therefore  nations  not  possessing  the  territory  upon  which  seals 
can  iiu'rease  their  numl  ers  by  natural  growth  should  refrain  from 
the  slaughter  of  them  in  the  open  sea. 

Lord  Salisbury,  in  this  note,  insists  that  whatever  may  be  the  value 
of  the  industry  to  the  United  States,  they  would  not  be  authorized  in 
preventing  by  force  the  practice  of  pelagic  sealing;  but  he  does  not 
choose  to  enter  into  any  discussion  of  the  (juestion  whether  the  indis- 
criminate slanghter  of  seals  numifestly  tending  to  the  extermination  of 
the  species  could  be  justilied.  llishndship,  however,  in  answer  to  the 
alleged  exclusive  mono])oly  of  Bussia  in  the  fur  seal  industry,  referred 
to  the  Uussian  ukase  of  1821,  as  if  Mr.  Blaiiui  had  insisted  ui)on  claims 
similar  to  those  advanced  in  that  docnment,  and  (pioted  some  lau 
guage  from  a  communication  of  Mr.  John  Quincy  Adams,  when  Secre- 
ary  of  State,  to  theUnited  States  minister  in  Eussia,  contesting  the 
pretension  set  up  in  the  ukase.' 

]\leanwhile  further  diphunatic  communications  were  taking  jdace  in 
relation  to  the  establishment  of  restrictions  designed  to  limit  the  prac- 
tice of  pelagic  scaling  and  prevent,  in  s;)nie  measure  at  least,  its  d*^- 
structive  operation ;  and  it  would  seem  thai  lliese  eflbrts  had  beP'i 
nearly  successful,  and  would  have  been  entirely  consummated,  but  foi 
tions  i: 


obj 


q. 


pari 


i(';iH('  (  ]■  till'  United  States,  Appexdix,  Y 


p.  207. 


^gg^ 


'Case  ol'  the  United  States,  Appenc'ix.  A'll.  j,  pp.  'l'  .'-.".'I. 


JURISDICTIONAL    AND     OTHER    RIGHTS    OVER    I5ERING    SEA,      33 


inninnica 
,o  restrict         ! 
1  of  Salis-         ^ 
ure  of  an 
and  it  ap- 
1  the  post- 

■  Majesty's 

;ie  Bchriug 
s  mores — a 
it  injury  to 

:es". 

session  and 
i-y  unlil  the 
m  this  ia- ' 
bo.d  })(•^^■ 'f- 

bthe  iikiug 
the  species, 
,  which  seals 
•etVain  from 

be  the  value 
uthorized  in 
|he  does  not 
|er  the  indis- 
rniination  of 
iiswer  to  the 
itry,  referred 
ni)on  claims 
.(1  some  Ian- 
A\h«'n  Secre- 
ntcsting  the 

Ling  place  in 

limit  theprac- 

I  least,  its  d'^- 

:ta  had  bern 

lilted,  but  for 


On  the  3()tli  of  June,  1890,  Mr.  Blaine  addressed  a  note  to  Sir  .luliau 
Piuincefote  in  which  lie  referred  to  Lord  Salisbury's  note,  above  men- 
tioned, of  May  22,  and  especially  to  the  passage  quoted  in  it  from  the 
communication  of  Mr.  John  Quincy  Adams  to  the  American  minister 
in  liussia,  in  which  the  pretensions  advanced  by  IJussia  in  the  ukase 
of  1821  were  resisted,  lie  endeavored,  in  an  argument  of  some  length, 
to  show  that  the  claim  set  up  by  liussia  in  1821  to  a  peculiar  jurisdic- 
tion had  not  been  surrendered  by  the  treaties  of  182*  and  1825  with  the 
United  States  and  Great  Britain,  respectively,  so  far  as  related  to 
Bering  Sea,  and  had  not  been  otherwise  abandoned,  lie  insisted  that 
the  ukase  of  1821,  while  not  designed  to  declare  the  IJering  Sea  to  bo 
mare  clausnm,  assumed  to  exclude,  for  certain  purposes  at  least,  other 
nations  from  a  space  on  the  high  seas  to  the  distance  of  100  miles  from 
llie  shore,  and  that  this  luetensiou  on  the  part  of  Ilussia  had  never 
been  surrendered  or  abandoned,  and  had  been,  in  substance,  acquiesced 
ill  by  other  nations,  and  in  particular  by  Great  Britain.' 

The  views  thus  expressed  by  Mr.  Blaine,  which  were  really  not  essen- 
tial to  the  iikiiin  controversy,  and  were  drawn  from  Irwr  by  the  reference 
which  Lord  Salisbury  had  made  to  the  Russian  ukase  of  1821,  and  the 
-uliscquent  protests,  negotiations,  and  treaties  between  Russia  find  the 
I  iiited  States  and  Great  Britain,  rcsiiectively,  were  responded  to  in  a 
iHitc  from  Lord  Salisbury  to  Sir  Julian  Pauncefote  of  August  2, 18',I0.''' 
Ill  this  note  his  lordship  considered  the  subject  at  much  length,  and 
aiyued  that,  on  general  i>rinciples  of  international  law,  no  nation  can 
.ij^ht  fully  claim  jurisdiction  at  sea  beyond  a  marine  league  from  the 
{.•oust.  This  general  priiicijile,  so  far  as  it  is  one,  had  never  been  denied 
:  >  Mr.  Blaine,  his  position  being  that  there  might  be,  and  in  some  in- 
•\;iiices  were,  cases  which  called  for  exceptions  from  the  operation  of 
lie  ;,imeral  rule,  so  far,  at  least,  as  to  give  a  nation  a  right  to  exclude, 
t'oi' certain  purposes,  foreign  vessels  from  a  belt  of  the  sea  much  wider 
tliaii  three  miles. 

On  the  17th  of  December,  1890,  Mr.  Blaine,  in  a  note  to  Sir  Julian 
Cauucefote,^  referred  to  the  note  of  Lord  Salisbury,  last  mentioned,  and 
reasserted  his  position.  Tlio  controversy  respecting  the  claims  of 
Uiissiii  now  became,  substantially,  whether,  in  the  treaties  of  1824 
and  IS25  between  the  United  States  and  Great  Britain,  respectively, 


'CiiHO  of  the  UnitiMl  Statea,  Appendix,  Vol.  r,  p.  221. 
'CasD  of  Ml.)  lliiitod  Stiitos,  App.'iidix,  Vol.  I,  p.  213. 
^Ciiso  of  tUo  Uiutcil  StatoH,  Appoudix,  Vol.  i,  p.  2UJ. 
14719 3 


34 


ARGUMENT    OF    THE    UNITED    STATES. 


the  term  "raoific  Oooan,"  as  used  in  the  treaties,  was  intended  to 
inciiKie  the  body  of  water  now  known  as  Ilerinj;'  Sea.  If  it  were  true, 
as  Lord  Sahshury  contended,  tluit  IJering-  Sea  was  thus  ineluded,  tlien 
it  wouUl  follow  that  the  pretensions  nia(U>  l>y  Jiussia  in  the  ulcase  of 
1821,  so  far  as  they  were  surrendered  by  the  treaties  above  referred  to, 
were  surrendered  as  well  in  respect  to  Beiing  Sea  as  in  respect  to  the 
Pacilic  Ocean  south  of  that  sea.  If,  on  the  other  hand,  as  Mr.  IJlaine 
contended,  Bering  Sea  was  not  intended  to  be  end>raced  by  the  term 
"Pacilic  Ocean,"  it  would  follow  that  the  assertions  of  Jurisdiction  in 
Bering  Sea  made  by  the  ukase  of  1S21  had  received  a  very  large  meas- 
ure of  acquiescence  both  from  >aeat  Britain  and  the  United  States. 

But,  in  the  opinion  of  the  undersigned,  the  point,  tliough  not  wholly 
irrelevant,  i  ,  Mt")aratively  s]ieaking,  unimportant.  It  was  never  imt 
forward  by  the  ted  States  as  the  sole  ground,  or  as  the  principal 
ground,  upon  wlucli  that  GoveiMiment  rested  its  claims.  Notwithstand- 
ing the  large  space  devoted  to  it  in  the  diplomatic  discuvssions,  it  came 
in  incidentally  only.  It  is  not  at  all  improbable  that  Lord  Salisbury 
preferred  to  draw  tlie  discussion  as  mucli  as  })ossible  away  from  the 
question  of  i)roperty  interests,  and  away  from  the  (;harge  that  pelagic 
sealing  was  a  practice  which  threatened  a  useful  race  of  animals  with 
extermimUion,  and  was  wholly  destitute  of  su]»port  upon  any  grounds 
of  r<;ason.  It  may  l)e  true  also  that  Air,  Blaine  in  some  measure  mag- 
nified the  effect  wliitih  might  How  from  the  pretensions  made  by  Itussia 
in  the  ukase  of  ISi'l,  so  far  as  they  weie  acquiesced  in  by  Great  Britain 
and  the  United  States. 

But  what  is  absolutely  certain  is  that  the  original  attitude  taken  by 
the  United  States,  as  already  mentioned,  followed  up  and  leas-serted  in 
nioi'e  tiian  one  diplomatic  coninuinicntion,  was  never,  at  any  time,  in 
the  slightest  degree  abandoned  or  changed,  and  this  is  conclusively 
evidenced  by  the  last  comnninication  of  :\lr.  Dlaine,  already  referred  to. 
Near  the  close  of  tliat  note'  he  says: 

In  the  Judgment  of  the  IMi^sident,  nothing  of  importance  would  be 
settled  by  jtroving  thai  (lieal  Britain  conceded  no  Jurisdiction  to 
Bnssia  o\er  tlie  seal  lislioies  of  the  I'.ering  Sea,  It  might  as  well  bo 
proved  that  Knssia  conceded  no  Jtirisdiction  to  h^ngland  over  the  river 
Thames.  By  doing  nothing  in  eacli  case,  eveiytliing  is  conceded.  In 
neither  case  is  an.\tiiing  asked  of  the  other.  "Concession,"  as  used 
here,  means  simply  aaiKicscnirv  in  the  rightfulness  of  the  title,  and 
that  is  the  only  form  of  concessicni  which  Bussia  asked  of  Great 
Britain   or  which  Great  I'.ritain  gave  to  L'ussia. 


'Casoof  Iho  United  States,  Appendix,  Vol.  i,  p.  285. 


JURISDICTIONAL   AND    OTHER    RIGHTS    OVER    BERING   SEA.     35 


iteiuled  to 
wvvv  true, 
lulcd,  thou 
le  ukase  of 
ciVned  to, 
pect  to  tlie 
Mr.  lilainc 
)y  the  term 
isdictioii  in 
huge  nieas- 
l  States, 
not  wholly 
s  never  put 
lie  principal 
•twitlistaiid- 
ons,  it  came 
•d  Salislmry 
ray  from  the 
that  pelagic 
mimals  witli 
any  grounds 
icasure  mag- 
e  by  Ivussia 
rcat  Britain 

de  taken  by 
cassertcd  in 
uiy  time,  in 
conclusively 
f  referred  to. 


CO  would  be 
isdicti<»n  to 
it  as  well  be 
,(T  the  river 
(needed.  In 
)n,"  as  used 
"lie  title,  and 
I'd  of  Great 


The  second  offer  of  Lord  Salisbury  to  arbitrate,  amounts  simply  to  a 
submission  of  the  question  wlietlier  any  country  has  a  right  to  extend 
its  jurisdiction  more  than  one  marine  league  from  the  sliore.  No  one 
disputes  that,  as  a  rule;  but  the  question  is,  whether  there  may  not  be 
exceptions  whose  enforcement  does  not  interfere  with  those  liighways  of 
I'ommerce  which  the  necessities  and  usage  of  the  world  have  marked 
our.    *    *    * 

The  repeated  asserti(ms  that  the  Government  of  the  Uiuted  States 
demands  tluit  the  Bering  Sea  be  i)ronounced  mare  clausum,  are  with- 
out f(.undation.  The  (iovernment  has  never  claime<l  it  and  never  de- 
sired it.  It  expressly  disavows  it.  At  the  same  time  the  United  States 
does  not  lack  abumlant  'uitliority,  according  to  the  ablest  exponents  of 
international  law,  for  holding  a  snuiU  section  of  the  Bering  Sea  for 
the  protection  of  the  fur-seals.  Controlling  a  comparatively  restricted 
area  of  water  for  that  one  specific  purpose  is  by  no  means  the  equiva- 
lent of  declaring  the  sea,  or  any  psu  t  tliereof,  mare  dausiim.  Nor  is  it 
by  any  means  so  serious  an  obstru'itionas  (ireat  Britian  assumed  to  make 
in  the  Scmth  Atlantic,  nor  so  groundless  an  interference  with  the  com- 
mim  law  of  the  sea  as  is  maintained  by  British  authority  to-day  in  the 
Indian  Ocean.  The  Piesident  does  not,  however,  desire  the  long  post- 
IMinemeut  which  an  examination  of  legal  authorities  from  Ulpian  to 
IMdllimoie  <and  Kent  would  involve,  lie  finds  his  own  views  well  ex- 
pressed by  JNIr.  Phelps,  our  late  minister  to  England,  when,  after  failing 
to  secure  a  Just  arrangement  with  Great  Britain  touching  the  seal 
fisheries,  he  wrote  the  following  in  his  closing  comnuinication  to  Lis  own 
('i(»vernment,  September  12,  1.S8S: 

•'  Much  learning  has  been  expended  upon  the  discussion  of  the  ab- 
stract question  of  the  right  of  mare  claunum.  I  do  not  conceive  it  to  be 
iipplicable  to  the  i)resent  case. 

"  Here  is  a  valuable  fishery  and  a  large  and,  if  properly  managed, 
]i(  rmanent  industry,  the  proi)erty  of  the  nation  on  whose  shores  it  is 
I  arried  on.  It  is  proposed  by  the  colony  of  a  foreigii  nation,  in  defi- 
ance of  the  joint  remonstrance  of  all  the  countries  interested,  to  de- 
stroy this  business  by  the  indiscriminate  slaughter  and  extermination 
ni  the  aninuds  in  question,  in  the  open  neighboring  sea,  during  the 
jKiiod  of  gestation,  when  the  common  dictates  of  humanity  ought  to 
protect  them,  were  tiiere  no  interest  at  all  involved.  And  it  is  sug- 
i^rsted  that  we  are  prevented  from  defending  ourselves  against  such 
di  predations  because  the  sea  at  a  certain  distance  from  the  coast  is  free. 

•The  same  line  of  argument  would  take  under  its  piotection  piracy 
a  id  the  slave  trade  when  [)rose(Uted  in  the  oi>cn  sea,  or  would  justify 
I  !M'  nation  in  destroying  the  comnu-rce  of  aiiotlier  by  ])laeing(langerous 
(I  istructions  and  derelicts  in  the  oi)en  sea  near  its  coasts.  There  are 
many  things  that  can  not  be  allowed  to  be  done  on  the  open  sea  with 
iMijiunity,  and  against  which  eveiy  sea  is  w<nr  chiusuui;  and  the  right  of 
sril-defense  as  to  person  and  jiroperty  i)r(!vails  there  as  fully  as  else- 
MJiere.  If  the  fish  upon  Canadian  coasts  could  be  destroyed  by  scat- 
ti'i  iiig  poison  in  the  o])en  sea  adjacent,  with  some  small  profit  to  those 
<i imaged  in  it,  would  Canada,  upon  the  just  ]>rinciples  of  international 
l.iw.  be  held  defenseless  in  such  a  case?  Yet  that  process  would  be  no 
iiKtic  destructive,  inhuman,  and  wanton  than  this. 

■  1  f  precedents  are  wanting  for  a  detense  so  necessary  and  so  proper, 
i'  is  because  precedents  for  such  a  coiuse  of  conduct  are  likewise  un- 
liiowii.  The  best  international  law  has  arisen  from  ])recedents  that 
li  i\('  been  established  when  the  just  occasion  for  them  arose,  uudeteixed 
by  the  discussion  of  abstract  and  inadequate  rules." 


36 


akgi;me>;t  of  the  united  states. 


The  (losiuii  of  the  ibroj^oinj?  review  of  the  piiiicipal  points  made  in 
tlie  (liploiiiatic!  (lis(!ussi()iis  wliifh  preceded  the  Treaty  under  which  this 
Tribunal  was  constituted  lias  been  to  show  tliat  the  main  grounds  upon 
which,  troni  first  to  last,  the  ciairas  of  the  United  States  were  based 
were  the  property  and  industrial  interests  of  that  nation ;  and  that  tlie 
purpose  of  Mr.  Blaine,  in  taking  up  the  discussion  tCiidercd  by  Lord 
Salisbury  in  relation  to  the  ukase  of  1821  and  the  subsequent  treaties 
of  1824  and  182."»,  was  simply  to  point  out  that  the  a.^sei  t.  ..  oy  ilussia 
of  exceptional  authority  over  certain  portions  of  the  high  seas  were, 
so  far  as  resijccts  Bering  Sea,  not  oidy  never  abandoned  l)y  her,  but 
were  practically  conceded  and  acquiesced  in  by  (ireat  Britain,  and 
that,  conse(iucntly,  the  diitcd  States  could  assert  against  Great  Brit- 
ain a  right  to  protect  their  sealing  interests,  not  only  upon  general 
principles  of  internatioiuil  law,  but  upon  the  additional  and  reinforc- 
ing ground  that  Kussia,  in  order  to  defend  the  same  interests,  had 
asserted  and  exercised  an  exceptional  authorit\-  "ver  Berinif  Sea  for 
nearly  half  a  centuiy  with  the  acquiescence  of  (ueat  Britain,  and  that 
any  right  thus  acquired  had  passed  to  the  United  States  by  the  cession 
of  Alaska. 

in  the  view  of  the  undersigned,  Mr.  Blaine  was  entirely  successful 
in  establishing  his  contention  that  tlie  assertion  by  Kussia  of  au  ex- 
ce])tional  authority  over  the  seas,  including  an  interdiction  of  the 
approach  of  any  foreign  vessel  within  100  miles  of  certain  designated 
shores,  while  abandoned  by  her  treaty  with  (Jreat  Britain  in  1S25  as  to 
all  the  northwest  coast  south  of  the  00th  parallel  of  north  latitude, 
was,  so  far  as  respects  Bering  Sea,  and  the  islands  thereof,  and  the  coast 
south  of  the  00th  parallel,  never  abandoned  by  her,  but  was  acquiesced 
in  by  Great  Britain.  And  if  the  undersigned  believed  the  point  to  be 
one  upon  which  any  of  the  claims  of  the  United  States  really  depended, 
they  would  deem  it  their  duty  to  again  present  tlio  argunient  of  jNlr. 
Blaine,  together  with  further  suggestions  wliich  would  reinforce  it. 
But  they  greatly  prefer  to  place  tlie  case  of  the  United  States  upon  its 
real  and  original  grounds,  which,  as  it  seems  to  them,  admit  of  no  dis- 
pute, and  not  to  rely  upon  argunu'iits  which,  however  successful  in  their 
avowed  purposes,  are  yet,  peihai)s,  to  be  deemed  somewhat  aside  from 
the  main  question.  They  prefer  to  submit  to  this  Tribunal  that  Kussia 
had  for  nearly  a  century  before  the  cession  of  Alaska,  established  and 
maintained  a  valuable  iiulustry  upon  the  Pribilof  Islands,  founded 
upon  a  clear  and  indisi)utable  property  interest  in  the  fur  seals  which 


JURISDICTIONAL    AND    OTIIKR    RIGHTS    OVER    BERING    SEA.     37 


its  made  in 
[•  wliicU  tliis 
■ounds  upon 
were  based 
iiid  that  the 
led  by  Lord 
Lent  treaties 

.,  uy  Uiissia 
h  seas  were, 

by  her,  but 
Britain,  and 
;  Great  Brit- 
pou  general 
md  reinforc- 
iiterests,  had 
rin'4  Sea  for 
ain,  and  that 
ly  the  eessi(.>u 

ply  successfnl 
ia  of  an  ex- 
tion  of  tlie 
desi  filiated 
11  ISL'5  as  to 
til  latitude, 
nd  the  coast 
s  acquiesced 
)oint  to  bo 
y  depended, 
iient  of  INIr. 
leinforco  it. 
iites  upon  its 
lit  of  no  dis- 
ssfulin  their 
\t  aside  from 
that  liussia 
iblished  and 
ids,  founded 
seals  wUicU 


make  those  islands  their  breedinj;-  places,  an  industry  not  oidy  prof- 
itable to  herself,  but  in  a  hif4h  de;,n'ee  useful  to  mankind;  that  the 
United  States  since  the  cession  have,  upon  the  basis  of  the  samcproperty 
interest,  carefully  maintained  and  cherished  that  industiy,  and  that  no 
other  natiouvS,  or  other  men,  have  any  right  to  destroy  or  injure  it  by 
!)rosecutin{:f  an  inhuman  and  destructive  warfare  upon  the  seal  in  clear 
violation  of  natural  law;  and  that  the  United  States  have  full  andper- 
Icct  li^ht,  under  the  law  of  nations,  to  prevent  this  destructive  warfare 
by  tlie  reasonable  exercise  of  necessary  force  wherever  xipon  the  seas 
sucli  exercise  is  necessary  to  the  protection  of  their  property  and  indus- 
try. The  undersigned  therefore  submit  the  question  concerning  the 
assertions  of  maritime  authority  by  Kussia  and  the  acquiescence  therein 
liy  Great  J>ritaiu  upon  the  argument  of  Mr.  Blaine,  contained  in  his 
notes  to  Sir  Julian  Paunccfote  of  June  30,  1890, '  and  December  17, 
1800.2 

It  is,  however,  important  that  the  real  nature  of  these  assertions 
should  not  be  misunderstood.  The  words  "  exclusive  jurisdiction  in 
IlcringSea"  are  used  in  the  questions  formulated  in  the  treaty  by 
way  of  description  of  the  claims  of  Kussia,  and  the  sanu>,  or  similar,  lan- 
guage will  be  found  in  various  places  iu  the  diplomatii;  argument  to 
have  been  employed  in  a  like  sense.  From  this  it  might  be  thought 
fhat  what  liussia  was  supposed  to  have  asserted,  and  what  the  LFnited 
iStates  claimed  as  a  right  derived  from  her,  was  a  sovereign  jurisdiction 
over  some  part  of  Dering  Sea,  making  it  a  part  of  their  territory  and 
subject  to  their  laws.  This  would  be  entirely  erroneous.  Kussia  never 
jtiit  forward  any  sucli  pretension.  Uer  claims  were  that  certain  shores 
and  islands  on  the  Nortliw'cst  coast  and  in  the  Pacific  Ocean  and  Ber- 
ing Sea  were  part  of  her  terntory,  acquired  by  discovery  and  occupa- 
tion, upon  which  she  had  colonial  establishments  and  tishing  and  seal- 
ing industries.  She  chose,  in  accordance  with  the  policy  of  the  time, 
to  conlino  the  right  to  trade  with  these  colonies,  and  the  fishing  and  fur- 
gathering  industries  connected  with  those  territorial  possessions,  to  her- 
stll".  Concerning  her  right  to  do  this  there  never  was,  or  could  be,  any 
dispute.  So  far  as  her  pretensions  to  exercise  an  exceptional  maritime 
authority  were  concerned,  they  were  limited  to  such  measures  as  she 
•iceiiied  necessary  for  the  protection  of  these  admitted  rights.  She 
did  not  ch'Mu  to  make  laws  for  tlio  sea.  The  particular  assertion 
of  authority  which  was  the  interesting  point  iu  the  discussion  be- 


'  Case  of  fclio  Uuitod  States,  Appuudix,  Vol.  i,  p.  221. 


*  Ibid,  IX  263. 


38 


ARGUMENT    OF   THE    IINITKl)    STATES. 


twccn  Mr.  Blaine  and  Lord  Salisbury  was  the  iiitonliction  to  foreip;ii 
vessels  of  an  aiiproacli  to  tlie  slun'os  and  islands  referred  to  nean'r 
than  100  miles.  This,  of  conrse,  was  no  assertion  of  exclusive  juris- 
diction, or  of  jurisdiction  at  all,  in  the  strict  sense  of  that  term. 
It  was  the  assertion  of  a  rijjht  to  protect  interests  attached  to  the 
shore  from  threats  and  danger  of  invasion.  It  was  in  no  wise  dif- 
ferent in  its  nature  from  r.  multitude  of  assertions  of  a  riffht  to 
exercise  national  authority  over  certain  parts  of  the  sea  made  by 
dilferent  nations  before  and  since,  and  by  none  more  frequently  or  ex- 
tensively than  by  (Ireat  Britain.  It  was  an  assertion  of  power  essen- 
tially the  same  as  that  of  which  the  hoveriyuj  hors  are  instani^es.  The 
extent  of  the  interdiction  from  the  shore — 100  miles — mij-ht  have  been 
extreme,  although  this  is  by  no  means  certain.  A  distance  which 
would  be  excessive  in  the  case  of  a  frequented  coast,  the  pathway  of 
abundant  commerce,  mif^ht  be  entirely  reasonable  in  a  remote  and  almost 
nninhabited  quarter  of  the  globe  to  which  there  was  little  occasion  for 
vessels  to  resort  except  for  the  purpose  of  engaging  in  prohibited  trade. 
It  must  be  remembered  that  the  interdiction  was  not  made  for  the  pur- 
pose of  preventing,  or  restricting,  pelagic  sealing.  That  pursuit  had 
not  even  been  thought  of  at  that  tinu).  Had  that  danger  then  threat- 
ened the  sealing  interests  of  Kussia  a  much  more  extensive  restriction 
might  jnstly  have  been  inixiosed. 

As  already  observed  it  is  not  intended  by  the  undersigned  to  inti- 
ni;ite  that  the  question  what  authority  over  Bering  Sea  Uussia  claimed 
the  right  to  exercise  and  how  far  the  claim  was  acquiesced  in  by  Great 
Britain,  has  no  importance  in  the  present  controversy ;  but  to  point  out 
the  nature  of  that  claim,  and  to  indicate  its  approi)riate  place  in  the 
present  discussion.  It  has  a  very  distinct  significance  as  showing  that 
asserti^ms  on  the  part  of  llnssia  of  a  right  to  defend  and  i)rotect  her 
colonial  trade  and  local  industries  by  the  reasonable  exercise  of  force 
in  Bering  Sea  were  assented  to  by  Great  Britain  during  the  whole 
period  of  the  Russian  occupation  of  Alaska,  and,  by  consequence,  that 
the  present  conqdaints  of  the  latter  against  a  siujilar  exercise  of  power 
by  the  United  States  are  wholly  inconsistent  with  her  former  attitude 
and  admissions. 

Again  referring  to  the  broad  distinction  between  that  power  of  sov- 
ereign jurisdiction  exercised  by  a  nation  over  nonterritorial  waters, 
which  consists  in  the  enactment  of  municipal  laws  designed  to  be  opera- 
tive upon  such  waters  against  the  citizens  of  other  nations,  and  the 
exercise  of  authority  and  power  over  such  waters  limited  to  the  neces- 


JURISDICTIONAL    AND    OTlIKli    KIGllTS    OVKR    BERING    SliA.      39 


sary  ilefenso  of  its  proi^M  ty  aiid  local  iiiterosts,  tlio  undeivsigiied  insist 
that  the  I'onner  lias  no  material  place  in  this  discussion,  liussia  never 
insisted  upon  it  so  far  as  respects  the  regions  to  which  our  attention  is 
directed,  or  the  industry  of  sealing  which  is  hero  a  subject  of  <llscu8- 
sion.  Tiio  United  States  never  have  claimed  it  aiul  do  not  now  claim 
it.  Themselves  a  nuiritime  nation,  they  assort,  as  they  always  have 
asserted,  the  free<lom  of  the  seas.  Dut  they  supjiose  it  to  be  (piite  cer- 
tain that  the  doctrine  of  the  freedom  of  the  seas  has  never  been  deemed 
by  civilized  nations  as  a  license  for  illegal  or  inunoral  conduct,  or  as  in 
any  manner  inconsistent  with  the  general  and  necessary  right  of  self- 
defense  abov(^  mentioned,  which  permits  a  nation  to  protect  its  property 
and  local  interests  against  invasion  by  wrongdoers  wlierever  npon  the 
sea  the  nmlcl'actors  may  be  found.  This  right  and  the  grounds  and 
reas(ms  upon  which  the  ju'esent  case  calls  for  an  application  of  it,  are 
directly  end)raced  by  the  Fifth  (Question  which  is  submitted  to  the  Tri- 
l)unal,  and  are,  in  the  opinion  of  the  undersigned,  the  proper  subjects 
of  principal  attention,  and  they  will  elsewhere,  in  the  a])propriate 
jihice,  devote  to  them  that  deliberate  and  full  consideration  which 
importance  their  demands. 

\Vc  may,  however,  brietly  observe  here,  that  according  to  the  best 
authorities  in  international  law  the  occupation  of  a  new  country  which  is 
sal'licient  to  give  to  the  occupying  nation  a  title  to  it  depends  Acry 
largely  upon  the  nature  of  the  country  and  tiie  boneticial  uses  which  it 
may  be  made  to  subserve.  In  the  case  of  a  fruitful  region  ca])ab]e  of 
sui>porting  a  numerous  population,  it  might  not  be  allowable  for  a 
nation  lirst  discovering  it  to  nmintaiu  a  claim  over  vast  areas  which  it 
liid  not  actually  occupy  and  attempt  to  improve;  butwheioa  remote 
and  desolate  region  has  been  discovered,  yielding  only  a  single  or 
U'w  products,  and  all  capable  of  being  beneticially  secured  by  the  dis- 
cnvering  nation,  a  claim  to  these  products  asserted  and  actually  exer- 
cised, is  all  the  occupation  of  which  the  region  is  susceptible  and  is 
sntlicient  to  confer  the  right  of  property;  and  that  whatever  au- 
thority it  maybe  reasonably  necessary  to  exercise  upon  the  adjoin- 
ing seas  in  order  to  protect  such  interests  from  invasion  nmy  ])roi»erly 
b('  asserted.  Says  riiillimore,  who  seems  to  have  understood  the  Ore- 
i;t>n  territory  as  embracing  the  whole  northwest  coi'st  of  North  America: 

A  similar  settlement  was  founded  by  the  British  and  Russian  Fur 
(  nmpanies  in  North  AnuM'ica. 

1  lie  chief  portion  of  tlic  Oregon  Territory  is  valuable  solely  for  the 
iar-bearing  aninmls  which  it  produces.      Various  establishments  in 


J 


M      /T*^ 


40 


ARGUMENT    OF    THE    UNITKD    STATES. 


(lill'crcTit  parts  of  this  tonitoiy  orjiiinizod  a  Hyslcm  for  sccuiin;,'  the 
Iticscrvatioii  of  tlicse  animals,  and  exorcised  for  tliese  ])ur|«(ses  ;i  eoii- 
Irol  over  tlie  native  iio])ulalioii.  Tliis  was  riylitly  eonteiided  to  Ik^  the 
only  oxereise  of  proprietar}/  rif/ht  of  wiiicli  these  i>ar)leuhii'  rej;ioiis 
weic  at  tliat  time  susceptible,  and  to  mark  tliat  w  beneficial  me  '  aa 
made  of  tlie  whole  territory  by  the  occui)ants.' 

The  first  four  qucstious  submitted  to  the  Tiibimal  by  the  Treaty 
should,  in  the  opinion  of  the  xindersigned,  be  answered  as  follows: 

First.  Kussiii  never  at  any  time  prior  to  the  cession  of  Alaska  to 
the  Uhiled  States  claimed  any  exclusive  jurisdiction  in  the  sea  now 
known  as  Bering  Sea,  beyond  what  are  commonly  termed  territorial 
waters.  She  did,  at  all  times  since  the  year  1.S21,  assort  and  enforce 
an  ex(dusive  right  in  the  "seal  fisheries"  in  said  sea,  and  also  asserted 
and  enforced  the  riglit  to  i)rotect  her  industries  in  said  "  fisheries"  and 
her  exclusive  interests  in  other  industries  established  and  maintained 
by  her  upon  the  islands  and  shores  of  said  sea,  aswxdl  as  her  exclusive 
enjoyment  of  lier  trade  with  her  colonial  establishments  upon  said 
islands  and  shores,  by  establishing  prohibitive  regulations  interdicting 
all  frncign  vessels,  except  in  certain  specified  instances, from  apju'oach- 
ing  said  islands  and  shores  nearer  than  100  miles. 

Second.  The  claims  of  Kussia  above  mentioned  as  to  the  •'  seal, 
fislieries "  in  Bering  Sea  were  at  all  times,  from  the  first  assertion 
thereof  by  Eussia  down  to  the  time  of  the  cession  to  the  United  States, 
recognized  and  acquiesced  in  by  Great  Britain. 

Third.  "The  body  of  water  now  known  as  Behring  Soa  was  not 
included  in  the  phrase  'Pacific  Ocean,'  as  used  in  the  treaty  of 
182o,  between  Great  Biitain  and  Russia;"  and  after  that  treaty 
Eussia  continued  to  hold  and  to  exercise  exdusivelj^  a  property  right 
in  the  fur-seals  resorting  to  the  Pribilof  Islands,  and  to  the  fur-sealing 
and  other  industries  established  by  her  on  the  shores  and  islands  above 
mentioned,  and  to  all  trade  with  her  colonial  establishments  on  said 
shores  and  islands,  with  the  further  right  oi  protecting,  by  the  exer- 
cise of  necessary  and  reasonable  force  over  Bering  Sea,  the  said 
seals,  industries,  and  colonial  trade  i'rom  any  invasion  by  citizens  of 
other  nations  tending  to  the  destruction  or  injury  thereof. 

Fourth.  "All  the  rights  of  Eussia  as  to  jurisdiction  and  as  to  the 
seal  fisheries  in  Bering  Sea  east  of  the  water  boundary  in  the  treaty 
between  the  United  States  and  Eussia,  of  the  30th  of  March,  18G7,"  did 
"pass  unimi)aired  to  the  United  States  under  that  treaty." 

James  C.  Carter. 


» Int.  Law,  vol.  i,  pp.  259,  2G0. 


PliOl'EUTy    IK    THE    ALASKAN    .SEAL    UEBD. 


41 


THIRD. 


ARTEB. 


THE  PROPERTY  OF  THE  UNITED  STATES  IN  THE  ALASKAN  SEAL 
HERD  AND  THEIR  RIGHT  TO  PROTECT  THEIR  SEALING  INTER- 
ESTS AND  INDUSTRY. 

I.— The    Property    of    the  United  States    in  the  Ar,\SKAN 

Seal  IIkkd. 

The  subject  whidi,  in  flu-  order  adnptod  by  tlio  troaty,  is  vo\f  to  be 
coiisidcrod,  is  tliat  of  tlic  assertion  t)y  tlic  Tnitcd  States  of  a  pioiierty 
iuteiest  in  the  Alaskan  seals.  Undei'  tliis  liead  there  aic  two  (jues- 
tions,  which,  thongh  each  may  involve,  in  lar<,M'  measure,  tlie  same  (;on- 
siderations,  are  yet  in  certain  n'spectts  so  dilVereiit  as  to  mal<(^  it  neces- 
sary or  exjiedient  tliat  they  should  be  separately  discussed.  The  Jirnf 
IS  wliether  the  United  States  have  a  proi)erty  interest  in  the  seals 
tiiemselves,  not  oidy  while  they  are  npon  the  breeding;  islands,  l)ut  also 
\\  liile  they  are  in  the  liiyli  seas.  Thv  srcnnil  is  wliether,  if  tliey  have 
not  a  clear  property  in  the  seals  theinselv<'s,  t  hey  ha\'e  such  a  [»roperty 
interest  in  the  industrij  lonj;-  estal)lislied  and  prosecuted  on  the  I'ribi- 
]<if  IsLinds  of  maintainin.u'  and  proi)aj4atin,u'  the  herd,  and  ajtprojjri 
atin<j  the  increase  to  themselves  for  the  purjioses  of  comnieice  and 
jirotit,  as  entitles  thein  to  extend  their  protection  to  .such  herd  against 
(•ai)ture  \/hile  it  is  on  the  hiyh  .seas,  ami  to  require  and  receive  from 
nilier  nations  an  acquiescence  iu  reasoiiablc  regulations  designed  to 
iitVord  such  protection. 

The  material  ditfereuce  between  these  (picstions  will  be  perceived 
imin  a  glance  at  the  consequences  which  would  tlow  fror^  a  detcrmina- 
ti<in  of  each  of  them  respectively  in  favor  of  the  claims  <.^"  the  United 
Slates.  If  it  were  determined  that  the  United  States  had  the  property 
interest  which  they  assert  only  in  Ihc  imhistri/  established  on  the  .shore, 
it  might,  with  some  show  of  reason,  be  insisteil  that,  if  the  industry 
were  not  actually  established,  they  Avould  iiave  no  right  to  forbid  inter- 
f'rence  with  the  seals  in  the  open  sea;  but  were  it  determined  that  the 
'  iiited  States  had  the  property  interest  which  they  assert  in  the  .seals 
tiiemselves,  it  would  follow  that  they  would  have  the  right  at  any  time 
to  take  measures  to  establish  such  an  industry,  and  to  forbid  any  inter- 


42 


ARGUMENT    OF    TIIK    UNITKD    STATKR. 


fciHiro  Avilli  llic  soiil«  whicli  would  tend  to  iiialce  its  ostablialiinent 
impossildc  or  dillicult. 

Tlie  proposition  wliidi  tho  niulorsfjjnod  will  first  lay  down  and  en- 
deavor to  maintain  is  tliat  tlu^  United  States  have,  by  reason  of  the 
nature  and  habits  of  the  seals  and  their  ownersliii»  of  the  bicedinj,' 
ffrounds  to  which  the  herds  resort,  and  irrespeetivf  of  the  established 
industry  above  mentioned,  a  pro])crty  interest  in  those  herds  as  well 
while  they  are  in  the  hi;ih  seas  as  upon  the  land. 

It  is  lirst  to  be  ol»servcd  tliat  allhoujuh  the  estal)lished  doeti'ines  of 
n:uni('ipal  law  may  be  properly  invoke(l  as  alfordin;^  lij;lit.  and  infonna- 
lion  ujxm  the  subjeet,  the  (juestion  is  not  to  be  deternuiuMl  by  those 
doetrines.  (^)uestioiis  res])eftinjr  ]»roperly  in  lands,  or  movable  thin j^s 
whicli  have  a  lixed  sihts  within  the  territorial  limits  of  ji  nation  are, 
indeed,  to  be  determined  exclusively  by  the  nuinieipal  law  of  that  na- 
tion; bul  the  municip;il  law  can  iu)t  determine  wbe<:lier  movable  things 
like  animals  are,  while  lluyy  are  in  the  hij;h  seas,  the  property  of  one 
nation  as  aj;ainst  all  others.  If,  indeed,  it  is  determined  that  such  an- 
imals have  a  .sw7m.v  upon  the  land,  uotwitlistanding  their  visits  to,  and 
migration  in  the  sea.  it  amy  then  be  left  to  the  ])ower  which  has  (^  dnion 
over  sxich  land  to  determine  whether  siich  animals  are  pro]  but 

the  question  whether  they  have  this  situs  must  be  resolved  by  mteriia- 
tional  law. 

The  position  taken  on  the  part  of  Great  Britain  is,  not  that  the  seals 
belong  to  her,  but  that  they  do  not  belong  to  any  inition  or  to  any  men; 
that  they  are  res  communes,  on  res  null! us;  in  other  words,  that  they  are 
not  the  subject  of  property,  and  are  consecpu'utly  ojien  to  i)ursuit  and 
capture  on  the  high  seas  by  the  v'iti/ens  of  any  nation.  This  position 
is  based  upon  the  assertion  that  they  belong  to  tiie  class  of  Avild  ani- 
mals, ainmals  /(Trt;  nafurcv,  and  that  these  are  not  the  subject  of  owner- 
ship. On  tlie  other  hand,  it  is  insi^ted  on  the  part  of  the  United  States 
that  the  terms  <r*7d  and  tatne,fera;  and  domUw,  «rt^Hrrt',  are  not  suffi- 
ciently precise  for  a  legal  classidcalion  of  animals  in  resi)ect  to  the 
question  of  property ;  that  it  is  oi)en  to  doubt,  in  many  cases,  whether  an 
animal  should  be  properly  designated  as  wild  or  tame,  and  that  the  as- 
signment of  an  animal  to  the  one  class  rather  than  to  the  other  is  by  no 
means  decisive  of  the  question  whether  it  is  to  be  regarded  as  i)rop- 
erty.  In  the  view  of  the  United  States,  while  the  words  icild  and 
tame  describe  sutliciently  for  the  purjwses  of  common  speech  the  nature 
and  habits  of  auinuils,  and  indicate  generally  whether  they  are  or 


pnOPKRTY    IN    TIFK    ALASKAN    SEAI,    IIKUD. 


48 


blislimi'iit 

n  and  en- 
son  of  tlie 
luccdin}; 
stiiblishcd 
da  as  well 

iM'triiies  of 
d  inl'orina- 
l  by  those 
iblo  thin}>s 
mtion  are, 
)f  that  na- 
iblc  things 
3ity  of  one 
at  such  an- 
iits  to,  and 
is(^  union 
»]  but 

by  interna- 

iit  the  seals 
o  any  men; 
at  they  are 
irsuit  and 
s  position 
■  wihl  ani- 
t  <»f  ownev- 
itt'd  States 
e  not  snflH- 
)('('t  to  tlie 
whether  an 
that  the  as- 
er  is  by  no 
;d  as  prop- 
;  wild  and 
the  nature 
Uey  are  or 


are  not  the  subjects  of  pntpcvty,  yet  there  are  many  aninmls  which 
lie  near  to  the  boundary  impeifectly  drawn  by  these  terms,  and  in 
respect  to  whiitli  the  (juestinn  of  pr(>|M'i  ty  can  be  determined  only 
by  a.  closer  inquiry  into  their  nature  and  hai)its,  and  one  more 
particularly  guided  by  the  considerations  upon  wiiich  tlu' institution 
ut'  projterty  stands.  If  the  (pu'stiou  were  asked  why  a  tamo  or  domestic 
aainuil  should  be  property  and  a  wild  one  not.  these  terms  would  be 
tound  to  supjdy  no  reasons.  Tiic  answer  would  t)e  because  tame  ani- 
mals exhibit  certain  (|ualities,  and  wild  ones  otluT  and  dill'erent  «iual- 
ities;  thus  showing  that  the  (puvstion  of  ])roperly  dejiends  upon  the 
cliaracteristics  of  the  animal.  This  view  seems  to  be  correct  upon  its 
mere  statement,  and  it  will  be  found  to  be  the  one  ado|»ted  and  acted 
upon  by  the  writers  of  recognized  authority  ui)on  the  subject  of 
j)ropertj\  It  would  be  sufiicient  for  the  jd'cscnt  ])urpose  torefei'  to  the 
liinguage  of  (.'hancellor  Kent  upon  this  point.  No  dissent  from  it  will 
anywhere  be  found.     Fie  says: 

Animals  fcrw  natii)'(r,  so  long  as  they  arc  reclaimed  by  the  art  and 
|)(»\ver  of  man,  are  also  the  sultjcct  of  a  (inaiilied  i)roperty;  but  when 
lliey  are  abandoned,  or  escii]»e,  and  return  to  their  natural  libcity  and 
ferocity,  without  the  ((iiiniits  ri  I'lrtctu/i,  \ho  ])ro]»crty  in  them  ceases. 
While  this  (lualilied  ]»roperty  continues,  it  is  as  nun-ii  uinlcr  the  i)rotec- 
tion  of  law  as  any  other  projicrty,  and  eveiy  invasion  of  it  is  redicsscd 
in  the  same  manner.  The  difticulty  of  ascertaining  with  i)recision  the 
application  of  the  law  ari.^-.s  iVom  the  nuoit  of  H<»ur  vcrtaln  (hfcniii)iittr 
shniihirti  or  rule  by  which  to  deternnne  when  an  animal  is  /'rjvr,  rd 
<l(iinit(r  udtiira'.  If  an  aninnd  belongs  to  the  class  of  lauic  annuals,  as, 
tiir  instance,  to  the  class  (tf  horses,  sheep, or  cattle,  he  is  llicn  a  subject 
I'icarly  of  absolute  property;  but  if  he  Ix'longs  to  tlie  chiss  of  aninnils, 
which  are  wild  by  nature,  and  owe  all  their  temporary  docility  to  tin; 
iliscipline  of  man,  such  as  deer,  lish,  and  several  kinds  of  Ibwl.  then 
liu!  aninnd  is  a  subject  of  (pialilied  ])roi)erty,  and  wliicli  continnes  so 
longoidyas  the  tanuMU'ss  and  dominion  renniin.  It  is  a  the  >ry  of  some 
naturalists  that  all  ainimils  were  oiigiindly  wild,  and  that  su(Oi  as  are 
domestic  owe  all  their  docility  and  all  their  degeneracy  to  the  hand  of 
man.  This  seems  to  hav(^  been  the  opinion  <tf  Count  IWillbn,  and  he 
says  that  the  dog,  the  sheep,  and  the  camel  have  degeneialed  from  tln^ 
sireiigth,  spirit,  and  beauty  of  their  luitural  state,  and  that  one  principal 
cause  of  their  degeneracy  was  the  i)ernicions  intlnence  of  hnman  power. 
<lidtius,  on  the  other  hand,  says  tlnit  savage  animals  owe  all  their  un- 
ramed  ferocity  not  to  their  own  natures,  luit  to  the  \  iolcnce  of  man; 
lint  the  common  law  has  wisely  avoide.'l  all  ]ierpli'xing  (|ncstions  and 
irlinements(>f  this  kind,  and  has  ado])ted  ilie  test  laid  down  by  ruiilcn- 
dorf,'  by  referring  the  question  whether  the  animal  be  wild  or  tame  to 
our  hwiclcdge  of  his  habits  derived  from  fact  and  (;.\perience.^ 

To  this  citation  we  may  add  the  authority,  which  will  not  be  disputed 
ill  this  controversy,  of  two  decisions  of  the  court  of  common  picas  in 

'  l.awof  Nature  and  Nations,  Lib.  4,  Cliap.  6, 80C. 6.  'Kout's  Com.,  vol.  2,  p.  348. 


44 


ARCIMKNT    or'    THE    UNITED    STATES. 


Great  Britain.  In  Mic  case  of  Davios  vs.  PowoJl  (VVillos,  4G)  the  ques 
tioii  was  wlu'tlior  (le(;."  kept  in  an  inclosnre  were  dhtrainahie  fur  rent. 
The  court  took  notice  of  tlii'  nainrc  and  hahits  of  these  animals  as 
aft'ected  by  the  care  (Did  hidiisfnj  of  man  and  tlie  ukcs  irliich  they  were 
made  1<>  sKhsrrrc;  and  it  observed  that,  whik>  they  were  formerly  kept 
priiu'ipally  for  i>leasMre  and  not  lor  profit,  the  praetiee  had  arisen  of 
cavliii;  foi"  them  and  rearinji'  and  sellinj;-  them,  and,  in  view  of  these 
fac  ^  declared  tliat  thev  had  become  "as  much  a  sort  of  husbandry  as 
hor.-es,  cows,  slieep,  or  any  othi-r  cattle." 

And,  more  recently,  the  question  was  made  in  the  case  of  Morgan  r. 
The  I'larl  of  Abei-uavenny  (H  0.  1j.,  708),  whetlier  deer  thus  kept 
passed  upon  the  death  ol'  the  owner  to  the  heir  or  to  the  exeentor;  that 
is  to  say,  whet  her  il:-.  y  swrv  jk  rsana I  ]n\)i)niy  or  chattels  real.  Evidence 
Avas  received  upon  the  trial  sliowiiii^'  the  nature  and  habits  of  the  .ani- 
nutl.;;  that  Iht'y  were  eared  for  and  fed  nwd  Nclections  made  from  them  for 
slan(jhl(r:  and  upon  this  c\idence  it  was  left  to  the  Jury  t(>  say  whether 
they  were  pcr-sniKil  proi)erty.  The  Jury  fiuind  that  they  were;  and  the 
court  upon  a  re\  iew  ot  the  case  api)roved  the  verdict,  holding  that  the 
quesiion  was  justly  made  to  depend  uiion  the  facts  which  had  been 
given  in  e\  ideiice. 

Iiiasunu'h  as  the  present  controversy  upon  this  point  is  one  between 
nation-^,  it  can  lujt  be  determined  bv  a  reference  to  the  municii)al  law  of 
eitlier,  or  by  ^he  'nunicipal  law  of  any  nation.  The  rule  of  decision 
must  be  found  in  iutcruatienal  law;  and,  as  has  already  been  shown,  ii 
there  is  no  actiud  pract'ce  or  usage  of  nations  directly  in  i»oint.  r.s  there 
is  not,  recourse  nuist  be  had  to  tlie  priucii)Ies  upon  winch  interuatU)rial 
law  is  iouuded — that  is  to  say,  to  the  i'n<-  of  lUiture.  Itiit  the  question 
whether  a  i>arti<  ular  thing  is  the  subject  of  propeity,  as  between  nations- 
is  substantially  the  sanu^  as  the  (|Uesfiou  whether  the  sanu'  thing  is 
proi)erty  as  between  individuals  in  a  ]>nrticular  nation.  Kow.  it  so 
happens  that  this  latter  (juesiion  has  been  determined,  wheuevei'  it 
has  arisen,  not  by  any  exercise  of  legislatix  e  i)ower,  but  by  an  adoption 
of  the  rule  of  the  law  of  nature.  And  the  municipal  Jurisprudence  of 
all  nations,  ]ivoceediug  upon  the  law  of  nature,  is  everywhere  in  sub- 
stantial accord  ui)(U!  the  question  what  things  are  the  subject  of  {trop- 
erty.  That  Juris])iudence.  therefore,  so  iar  as  it  is  consentaneous,  nniy 
bo  invoked  in  tliis  controversy,  as  directly  evitlenciug  the  law  of  na- 
ture, and,  therefore.  <»!  nations. 

Procecdinij  to  the  examination  of  the  doctrines  of  this  municijial 


I 


PROPERTY    IN    THI-:    ALASKAN    SEAL    FIEUD. 


45 


the  ques 

fur  rent. 
iiiinals  as 

they  were 
icrly  kept 

ai'iseii  of 
v  of  these 
baiulry  as 

I^Iorgan  v. 
thus  kept 
nit»»r;  that 
Evidence 
of  the  ani- 
nn  them  for 
ay  whether 
•e;  and  the 
iig  that  the 
1  had  been 

ne  between 
cii)al  law  of 
of  decision 
n  shown,  if 
nt.  r.s  there 
tcniatioiial 
]C  qnestion 
en  nations- 
lie  thiiiji'  is 
Ktiw.  it  so 
hoiu'vcr  it 
jni  ad<)i)tion 
(ludenoe  of 
(MO  in  snb 
'ct  of  i»rop 
iicous,  may 
law  of  ua 

municipal 


jurisprudence,  it  appears,  imnu'diately,  that  there  is  no  rule  or  prin- 
ciple to  the  eflect  that  no  wild  animals  are  the  subject  of  property.  On 
the  contrary  we  find  that  from  an  early  period  i'l  the  IJonian  law  a 
distinct  consideration  has  been  j^iven  to  the  question,  what  animals, 
commonly  designated  as  wild,  are  the  subjectsof  property,  and  to  what 
extent.  And  the  doctrine  established  by  that  law,  and  adctpted,  it  is 
believed,  wiierever  that  law  has  been  received  as  the  basis  of  muni('ii)al 
jurisprudence  WiU  also  carried  into  the  jurisprudence  of  England  at 
the  first  stage  of  its  development,  and  has  ever  since  been  received 
and  acted  upon  by  all  English-speaking  nations.  It  is  well  expressed 
in  the  Commentaries  of  Blackstone:' 

IT.  Other  animals  that  are  not  of  a  tame  and  domestic  nature  are 
either  not  the  objects  of  projieity  at  all  or  elst"  fall  niider  our  other 
division,  namely,  that  of  qua  I  i fed,  limited,  or  apeeial  pro]>eity,  which  is 
such  as  is  not  iu  its  nature  i)ermaiient,  but  may  sometimes  subsist  and 
at  other  times  not  subsist.  In  discussing  wiiich  subject,  I  shall,  in  the 
first  place,  show  how  this  species  of  property  may  subsist  in  such  ani- 
mals as  WVQ  ferce  natnr(v,  or  of  a  wild  nature,  and  then  how  if  may  sub- 
sist in  any  otiiev  things  when  under  particular  circunistaiic(^s. 

First,  till  n,  a  man  may  i)e  invested  with  a  (|iialilie(l,  but  not  an 
absolute  property  in  all  creatures  that  are/'ovf  )uitiircv,  either ^^o-  indtis- 
Irimn,  propter  impotentiinn.  or  propter  privilefjiiDn. 

1.  A  qualituHl  property  may  subsist  in  imitw-.x]^  I'erec  natitrec,  per  indiis 
tri(itn  hominix, bya  n\i\u''s  reclaimiKt/  and  making  them  tame  by  ait,  indus- 
try. aTul  education,  oi'  by  so  confining  them  within  his  own  immediafe 
power  that  they  can  not  esca]ie  and  use  their  natural  liberty.  And  un- 
der this  head  some  writers  have  ranked  all  the  former  s[)eeies  of  ani- 
mals we  have  mentioned,  aiiprchending  none  to  be  originally  and  nat- 
uially  tame,  but  only  made  so  by  ait  and  custom,  as  horses,  swine,  and 
other  cattle,  which,  if  originally  left  to  tliemselves,  wouhl  have  chosen 
lo  rove  up  and  down,  seeking  their  food  at  large,  ami  are  only  madedo- 
mesfic  by  use  and  familiarity,  and  are,  therelbie,  say  they,  called  man- 
siieta,  quasi  maniii  assiietei.  ibit  however  well  this  notion  may  be 
founded,  abstractly  considered,  our  law  ai)prelien(ls  the  most  obvious 
distinction  ''o  be  between  such  animals  as  we  geiieially  see  tame,  and 
aic  theretbre  seldom,  if  ever,  found  wandering  ,.:  large,  which  it  calls 
((omit<ent(tHrie,  and  such  (treatures  as  are  iisu;,lb^  lomidat  lilierfy,  which 
are  iherefore  supjiosed  to  be  more  emphatical' .  'i/vr  itafiuue,  tiiongh  it 
may  happen  that  the  latter  sliall  be  sometimes  lamed  and  ('(uitined  by 
file  art  a:;cl  industry  of  man — such  as  are  deer  in  a  i)aik,  hares  or 
rahbits  in  an  inclosed  warren,  doves  in  a  do\e  lioiiso,  i)heasaiils 
or  ])artridges  in  a  mew,  hawks  that  are  I'ed  and  commanded  by 
flieir  owner,  and  fish  in  a  private  jiond  or  in  tiiink-^.  'fht^se  are  no 
I'liigcr  the  pro])erty  of  a  man  than  while  they  (M)iitiiiue  in  his  keeping 
or  actual  possession ;  but  if  at  any  time  they  r»'gaiii  their  natural  lilicrty 
liis  property  instantly  ceases,  uiih^ss  they  have  (oniinnn  rcnrhitdi,  which 
is  only  to  bo  known  by  their  usual  ciist(»m  of  returning.  A  maxim 
wliir'li  is  borrowed  from  the  civil  law,  '■'■rerertcndi  aniininn  vitlentur  ilesi- 
mrc  habere  tune,  cum  revertendi  eonsuetudinem  ilesiriierinf.^'     The  law, 


lUook  H,  p.  3i)l. 


46 


ARGUMENT    OF    THE    UNITED    STATES. 


tlierefore,  extends  this  possession  I'mtlier  tlian  tlie  more  manual 
occupation;  lor  my  tiinio  hawk,  that  is  pnisuin<i;  liis  quarry  in  my 
presen<;e,  thougii  lie  is  at  liberty  to  go  wlu-re  he  pleases,  is  iiever- 
theless  my  i)ro])erty,  for  he  liath  auimum  recertendi.  So  are  my  pi- 
•i'eoiis  that  are  llyiny  at  a  distance  from  their  home  (especially  of 
the  earlier  kind),  and  likewise  the  deer  that  is  cliased  out  of  my 
[»iirk  or  forest,  and  is  instantly  pursued  by  the  keejjer  or  forester; 
ail  which  remain  still  in  my  possession,  and  1  still  preserve  my 
(jualilied  pro[)erty  in  them.  lUit  if  they  stiay  without  my  knowl 
eilj^e,  and  do  not  return  in  the  usual  manner,  it  is  then  lawful  for  any 
stianyer  to  take  them.  IJutifa  deei,  or  any  wild  animal  reclaimed, 
hath  a  collar  or  other  mark  put  ui)on  him,  and  j^ocs  and  returns  at  his 
pleasure,  (  r  if  a  wild  swan  is  taken  and  marked  and  turned  loose  in  the 
river,  the  ownei's  i)r()perty  in  him  still  contiiiues,  and  it  is  not  lawful 
for  .inyone  else  to  take  him;  but  otherwise  if  the  deer  has  been  long 
absent  without  returnin.i^',  or  the  swan  leaves  the  neighborhood.  Bees 
also  arey<;/vr  imtune;  but,  when  idved  ami  re(daimed,  a  man  may  have 
a  qualilied  property  in  liiem.  by  the  law  of  nature,  as  well  as  by  the  civil 
law.  And  to  tln^  same  purpose,  not  to  say  iu  the  same  words  with  the 
civil  law,  sjjcaks  Uracton;  occupation,  that  is,  hiving  or  including 
them,  gives  the  property  in  bees;  for,  tliough  a  swarm  lights  ujwn  my 
tree,  I  have  no  more  property  in  them  till  I  have  hived  them  than  I 
have  in  the,  birds  which  make  their  nests  thereon;  and,  therefore,  if 
an()tht'r  hives  them,  he  shall  be  theii'  proprietor;  but  a  swarm,  which 
lly  from  and  out  of  my  hive,  are  mine  so  long  as  I  can  keep  them  in 
sight  and  ha\'e  power  to  pursue  tluun,  and  in  these  circumstances  no 
one  else  is  entitled  to  take  them.  But  it  hath  been  also  said  that  with 
us  the  only  ownership  in  l)ees  is  ruti<uie  soli,  iuul  the  charter  of  the 
forest,  which  allows  every  friuMnan  to  be  entitled  to  the  honey  found 
within  his  own  woods,  affords  gieat  countenance  to  this  doctrine,  that 
a  (lualilicd  property  may  be  had  in  bees,  iu  consideration  of  the  prop- 
erty of  the  soil  whereon  they  are  found. 

In  all  tln^se  creatures,  reclaimed  iVom  the  wildness  of  their  nature, 
the  jjioperty  is  not  absolute,  but  defeasible:  a  property  tliat  maybe 
destroyed  if  they  resume  their  ancient  wihlness,  and  are  found  at  large. 
J'\)r  if  the  pheasants  escape^  from  the  mew,  or  the  fishes  from  the  trunk, 
and  are  seen  wandering  at  large  in  their  projter  element,  they  become 
fcrw  natiirw  again,  and  are  free  and  o[)en  to  the  first  occu})ant  that  has 
ability  to  seize  them.  Cut  while  they  thus  continue  my  ([ualilied  or 
defeasible  property,  they  are  as  much  under  the  i)rotecti(Mi  of  the  law 
as  if  they  were  absolutely  and  indefeasibly  mine;  and  an  action  will  lie 
against  any  man  that  detains  them  from  me  or  unlawfully  destroys  them. 
It  is  also  as  nuich  felony  by  common  law  to  steal  such  of  them  as  are 
lit  for  food  as  it  is  to  steal  tame  animals;  but  not  so  if  they  are  only 
ke]»t  for  ])leasure,  curiosity,  or  whim;  as  dogs,  bears,  (iats,  a jies.  i)arrots, 
and  singing  birds;  because  their  value  is  not  intrinsic,  but  depending 
only  on  the  cajuice  of  the  owner;  tiiough  itissuchaii  invasion  of  prop- 
erty as  may  amount  to  a  civil  injury,  and  be  redressed  by  a  civil  action. 
Yet  to  steal  a  reclaimed  hawk  is  felony  both  by  conuuou  law  and  stat- 
ute; which  seems  to  be  a  relic  of  the  tyianiiy  of  oui'  ancient  sportsmen. 
And,  among  oui'  elder  ancestors,  the  ancient  Britons,  another  species 
of  reclaimed  animals,  vi/.,  cats,  were  looked  upon  as  creatures  of  in- 
ti'iiisic  value;  and  the  killing  or  stealing  one  was  a  grievous  crime, 
and  subjected  the  olVender  to  a  liiu>;  especially  if  it  belonged  to  the 
King's  household,  and  was  the  ciislos  Itorrci  />//«/,  for  which  there  was  a 
very  peculiar  forfeiture.  And  thus  much  of  qualilied  property  iu  wild 
animals,  reclaimed  j>6'r  iiuluntriam. 


PROPERTY    IN    THE    ALASKAN    SEAL    HERD. 


47 


)  manual 
ry  in  my 
is  lUiver- 
re  my  iti- 
ecially  of 
it  of   my 

ton!ster; 
serve  my 
ly  knowl- 
II I  for  any 
•ecliiimed, 
rns  at  his 
)ose  in  the 
lot  hiwfnl 
been  long 
0(1.     Bees 
may  liave 
•y  tlie  civil 
a  with  the 

including 
s  ui)on  my 
2m  than  I 
leiefoie.  if 
,rm,  whicii 
5])  them  in 
stances  no 
[  that  with 
iter  of  the, 
nev  found 


riue,  that 
the  prop- 


lai 


ir  nature, 
t  may  be 
at  large, 
he  trunk, 
y  become 
that  has 
ilied  or 
f  tlie  law 
)n  will  lie 
oystliem. 
cm  as  are 
are  only 
s,  parrots, 
ilepending 
n  of  prop- 
vil  action, 
and  stat- 
portsmen. 
er  species 
res  of  in- 
JU8  crime, 
^ed  to  the 
lere  was  a 
ty  in  wild 


From  the  general  doctrine  thus  dechired  no  dissent  will,  it  is  be- 
lieved, be  anywhere  found.  It  has  been  reiillirmed  in  many  instances 
by  the  courts  both  of  Great  Britain  and  the  United  States.  The  special 
attention  of  the  Tribunal  should  be  given  to  the  utterances  ujxtn  this 
question  both  by  Judicial  tribunals  and  by  jnrists  (»f  established 
aiitliority,  and  a  somewhat  copious  collection  of  them  will  be  found  iu 
Aj»pendix. 

It  will  be  observed  that  the  es.sentinl  factfi  which,  according  to  these 
doctrines,  render  animals  commonly  designated  as  wild,  the  suly'ects  of 
l)i'operty  not  only  while  in  tlie  actual  custody  of  their  masters  but  also 
when  temporarily  absent  therefrom,  are  th,,,  the  care  and  induntry  of 
man  acting  upon  a  natural  disiiOHition  of  the  animals  to  rctnrn  to  a  place 
of  wonted  resort,  secures  their  volitntari/  and  liahitaal  return  to  his 
custody  and  pon'cr^  so  as  to  enable  him  to  deal  iritit  them  in  a  similar 
manner,  and  to  obtain  from  tliem  .similar  hi  ii<-Jils,  ns  in  the  case  of 
domestic  animals.  They  are  thus  for  all  the  inn  poses  of  property  assim- 
ilated to  domestic  animals,  it  is  tlic  iiufure  and  lial.'its  of  the  animal, 
which  enable  man,  by  the  i)ractice  of  art.  cure,  and  industry,  to  bring 
about  these  useful  results  t\n\t  constitute  the  fouiidatioii  upon  which 
tlie  law  makes  its  award  of  property,  and  extends  to  this  product  of 
lnunan  industry  the  protection  of  ownershii).  This  species  of  i)roperry 
is  well  described  as  property  ^c/'  industriam 

The  Alaskan  fur-seals  are  a  typical  instance  for  the  a]iplication  of 
I  liis  doctrine.  They  are  by  the  imperious  and  unchan^^cable  instincts 
of  their  nature  impelled  to  return  from  their  wanderings  to  the 
same  place;  they  are  defenseless  against  man,  and  in  returning  to  tlu^ 
same  place  voluntarily  subject  themselves  to  his  jiower,  and  enable  him 
to  treat  them  in  the  same  way  and  to  obtain  from  them  the  sanu'  liene 
(its  as  may  be  had  in  thecase  of  donu'stic  animals.  They  thus  become  the 
subjects  of  ordinary  husbandly  as  miudi  as  sheep  or  any  other  cattle. 
All  that  is  needed  to  secure^  this  return,  is  the  exercise  of  care  ami 
industry  on  the  part  of  tlie  human  owner  of  the  ]ilace  of  resort,  lie 
iimst  abstain  from  killing  or  repelling  them  when  they  seek  to  rctiii  n 
to  it,  and  must  invite  and  cherish  such  return,  lie  must  defend  tliem 
;ii;aiiist  all  enemies  by  land  or  sea.  And  in  making  his  selections  for 
slaughter,  he  must  disturb  them  as  little  as  possible  and  take  males 
niily.  All  these  <!onditions  are  perfectly  sn])plied  by  the  United  States, 
iiiid  their  title  is  thus  fully  substantiated. 

What  ground  of  diftcrence  iu  respect  to  the  point  in  question  can 


48 


ARGUMKNT   OF    TIIK    UxMTED    STATES. 


be  suggest od  between  tliese  seals  and  tlie  otlier  animals,  such  aa 
deer,  bees,  wild  geese,  and  wild  swans,  which  appear  by  the  authoii- 
ities  referred  to  to  be  universally  regarded  as  property  so  long  as  they 
retain  the  animum  revcrtcndi  ?  Will  it  be  said  that  tliis  animus  is  cre- 
ated by  man  in  the  case  of  those  animals,  and  in  the  .^.als  is  a  natural 
instinct?  If  this  were  true  it  would  be  unimportant.  The  essential 
thing  is  that  the  art  and  industry  of  man  should  bring  about  the  isr/ul 
result;  and  to  this  end  human  art, care  and  industry  are  as  necessary  and 
as  effective  in  the  one  case  as  In  the  others.  If  man  did  not  choose  to 
practice  this  care  and  industry  in  respect  to  the  seals,  if  he  exhibited 
no  husb(in<h-y,  but  treated  them  as  ivild  animals,  and  attacked  and  killed 
them  as  they  sought  the  land,  they  would  be  driven  away  to 
other  haunts  or  be  speedily  exterminated.  But  it  is  not  true  that 
the  dis[»()sition  to  return  is  created  by  man.  The  habitual  return 
of  the  other  animals  mentioned  is  due  to  their  natural  instincts  just 
as  much  as  that  of  the  seals  is  to  theirs.  Many  races  of  animals  have 
what  may  be  called  homes.  It  is  natural  instinct  which  prompts  them 
to  return  to  the  spot  where  they  rear  their  young  or  can  find  their  food 
or  a  secure  phice  of  repose.  What  man  does  in  any  of  these  instances, 
and  as  much  in  one  as  in  another,  is,  to  act  vpon  this  inNtinct  and  make 
it  available  to  secure  the  return.  If  the  seals  will  return  to  the  same 
place  and  vdluntarily  put  themselves  in  the  power  of  man  with  less 
eftbrt  on  his  part  than  in  the  case  of  the  other  animals,  it  shows  only 
that  they  are  by  nature  less  wild  and  less  inclined  to  fly  from  the 
presence  of  man.  In  the  case  of  the  bees,  for  instance,  it  is  plain  that 
their  nature  is  no  more  changed  by  man  than  that  of  the  seals.  They 
are  as  wild  when  dwelling  in  an  artificial  hive  as  when  they  are  in  the 
woods;  nor  does  man  feed  them;  they  gain  their  food  from  flowers 
which,  for  the  most  part,  belong  to  persons  other  than  their  masters. 
Will  it  be  said  that  the  wanderings  of  the  seals  are  very  distant?  Of 
what  consequence  is  this  so  long  as  the  return  is  ceitain?  Bees 
wander  very  long  distances.  Will  it  be  insisted  that  it  makes  any 
diU'eicncc  on  the  question  of  property  whether  a  cow  seal  goes  live,  or 
a  hundred  miles  in  the  sea  to  obtain  food  to  enable  her  to  nourish  her 
offspring  on  the  shore?  Probably  the  L»ng  duration  of  migration  to  the 
south  in  the  winter  will  be  urged  as  a  striking  distinction  between  the 
case  of  the  seals  and  the  other  instances;  but  what  difference  can  this 
make  if  the  aniinus  rerertendi  remains,  us  it  unquestionably  does,  and 
the  same  beuelicial  results  are  secured? 


PROrERTY    IN   THE    ALASKAN    SEAL    HERD. 


49 


,  such  aa 
e  autlioii- 
ig  as  they 
nus  is  i'le- 
a  natural 
I  essential 
the  isc/ul 
2a8ary  and 
b  choose  to 
exhibited 
and  killed 
1  away  to 
true  that 
ual  return 
tiucts  just 
inials  have 
nipts  them 
I  their  food 
( instances, 
'  and  make 
o  the  same 
with  less 
hows  only 
from  the 
plain  that 
als.    They 
are  in  the 
)m  flowers 
ir  masters, 
tant?    Of 
in?     Bees 
[niikes  any 
es  live,  or 
lourish  her 
tion  to  the 
itween  the 
e  can  this 
does,  and 


The  ditTiculty  of  identillcation  may  be  suggested,  but  it  does  not  ex- 
ist. Tliere  is  no  commingling  witli  the  Russian  herd.  Every  fur-seal 
on  the  Northwest  coast  belongs  indisputably  to  the  xVlaskan  herd.  But 
il' there  were  any  such  supposed  difliculty,  it  woukl  matter  nothing.  If 
ii  num,  witliout  autlu)rity,  kills  cattle  waiulering  without  guard  over 
the  boundless  plains  of  the  interior  of  the  United  States,  lie  is  a  plain 
tres])asscr.  It  might  be  dillicult  for  any  particular  owner  to  make  out 
a  case  of  damages  against  iiim,  but  he  would  be  none  the  less  a  tres- 
passer for  tiiat.  If  a  man  kills  a  reclaimed  swan  or  goose  innocently, 
and  beHeviiig  it  to  be  wild,  he  is,  indeed,  excusable,  and  if  there  were 
dilVerent  lierds  of  fur-seals,  some  of  them  property  and  otliers  not,  it 
iiiiglit  be  dillicult  to  show  that  one  who  killed  seals  at  sea  had  m^tice 
that  they  were  property;  but  there  are  no  herds  of  fur-seals  in  the 
North  Tacilic  which  are  not  in  the  same  condition  with  those  of  Alaska. 

It  does  not,  therefore,  ai)pear  that  the  diflerences  observable  between 
I  he  fur-seals  and  those  other  animals  commonly  designated  as  wild, 
which  are  held  by  the  municii)al  law  of  all  nations  to  be  the  subject  ot 
ownership,  are  matcrud,  and  the  conelusicm  is  fully  Justilled  that  if  the 
latter  are  property,  the  former  nuist  also  be  property. 

jjut  there  is  another  and  broader  line  of  iiKpiiry,  by  following  which 
;ill  doubt  upon  this  point  may  be  removed.  What  are  the  grounds  and 
reasons  upon  which  the  institution  of  property  stands?  Why  is  it 
that  society  chooses  to  award,  through  the  instrumentality  of  the  law, 
a  riglit  of  property  iu  anything?  Why  is  it  that  it  makes  any  dis- 
linction  in  this  respect  between  wild  and  tame  aiiimals;  and  why  is  it 
that,  as  to  animals  commonly  designated  as  wild,  it  pronounces  some 
to  be  the  subjects  of  property  and  denies  that  quality  to  others?  It 
can  not  be  that  these  important  but  differing  determinations  are  founded 
upon  arbitrai-y  reasons.  Nor  does  the  imputation  to  some  of  these  ani- 
mals of  what  is  termed  the  animus  revcrtendi,  or  the  fact  that  they 
have  a  habit  of  returning  which  evidences  that  intent,  of  themselves, 
cvplain  anything.  They  would  both  be  wln)lly  unimportant  unless 
ilicy  were  signilicant  of  some  weighty  social  and  economic  considerations 
I  rising  out  of  imperious  social  necessities.  If  we  knew  what  these 
reasons  were,  we  might  no  h)nger  entertain  even  a  doubt  upon  the 
'liiestion  whether  the  Alaskan  seals  are  the  subjects  of  pro])erty.  If  it 
;  liould  ai)])ear  upon  inqniiy  that  every  reason  ui)on  which  bees,  or  deer, 
"!•  ]>igeons,  or  wild  geese,  and  swans  are  held  to  be  property  recpiires 
lie  same  determination  in  respect  to  the  Alaskan  seals,  the  dillerence.s 


50 


ARGUMENT   OF    TIIK    UNITKI)    STATES. 


observable  between  these  various  species  of  animals  imist  be  dismissed 
as  wholly  unimportant  and  the  eonclusion  bo  unhesitatingly  received 
that  the  fur-seals  are  the  subjects  of  ownership. 

The  attention  of  the  tribunal  is,  tliereforo,  invited  to  a  somewhat 
careful  inquiry  into  the  original  causes  of  the  institution  of  property 
and  tiie  principles  upon  which  it  stands;  aiul  the  cour^sel  for  the  United 
States  will  be  greatly  disappointed  if  the  result  of  the  investigation 
slumld  fail  to  satisfy  the  Tribuiuil  that  there  is  a  fundanuMital  i)rinciple 
underlying  that  institution  which  is  decisive  of  the  main  question  now 
under  discussion.  That  principle  they  conceive  to  be  this,  lliat  when- 
ever any  mej'ul  loilil  animals  so  far  submit  themselves  to  the  control  of 
lartienlar  men  as  to  enable  them  exclusively  to  cultivate  such  animals  and 
obtain  the  annual  increa.se  for  the  supply  of  human  wants,  and  at  the  same 
time  to  preserve  the  stock,  they  have  a  property  in  them,  or,  in  other  words, 
whatever  may  be  justly  regarded  as  the  product  of  human  art,  industry, 
and  self-denial  nuist  be  assigned  to  those  who  make  these  exertions  as 
their  merited  reward. 

The  inquiry  thus  challenged  is  in  no  sense  one  of  abstract  specula- 
tion, nor  is  it  a  novel  one.  It  proceeds  upon  the  tirm  basis  of  the  facts 
of  man's  nature,  the  environment  in  which  he  is  placed,  and  the  social 
necessities  which  determine  his  action;  ami  the  pathway  is  illumined 
by  the  lights  thrown  upon  it  by  a  long  line  of  recognized  authorities. 
The  writers  upon  the  law  of  Nature  and  Nations,  beginning  with  Gro- 
tius,'  have  justly  conceived  that  no  system  of  practical  ethics  v.uiiUl  be 
comi)lete  which  did  not  fully  treat  of  the  institution  of  proiieity,  not 
only  in  respect  to  nations,  but  also  in  respect  to  private  pers(ms.  Rec- 
ognizing the  fact  that  a  nation  could  not  defend  its  possessions  against 
other  nations  by  an  appeal  to  any  municipal  law,  they  have  simght  to 
find  grounds  for  the  defense  of  those  i>ossessi<»ns  in  the  law  of  nature 
which  must  be  everywhere  acknowledged.  It  is  upon  the  broad,  general 
princii)les  agreed  to  by  these  authorities  tiiat  we  shall  endeavor  to 
establish  the  proposition  above  stated. 

It  is  ea.sier  to  feel  than  it  is  to  precisely  define  the  meaning  of  tlie 
word  property;  but  as  the  feeling  is  substantially  thesanm  in  all  minds 
there  is  the  less  need  of  any  attempt  at  exact  definition.     It  is  com- 


'  Grotiiis,  (Ic  .Tiiro  Hi'lli  ac  Pacis,  Hook  ii,  chap,  ii;  r'utlViKlorf,  Law  of  Nature 
aiitl  Nations,  Hook  iv,  chap.  v.  8e«  also  IMackstonc's  clciraiit  cliaptcr  on  "Prop- 
erty in  (Teneral/'  (Commeutaiios,  Book  2,  pp.  1,  et  seq.) ;  and  Locke  oii  Civil  Uovein- 
ment,  Chap.  V. 


PROPERTY    IN   THE    ALASKAN    SEAL    HERD. 


61 


inonly  said  to  be  the  riglit  to  the  exclusive  possession,  use,  and  disposi- 
tion oftlie  thing  which  is  the  subject  of  it;  but  this  defines  latlier  tlie 
ri(jht  upon  whii^h  property  rests,  tliau  property  itself.  The  somewhat 
abstract  definition  of  Savigny  more  precisely  states  what  property 
really  is.  "Property,"  says  he,  "according  to  its  true  luiture,  is  a 
widening  of  individual  power."'  It  is,  as  far  as  tangible  things  are 
coMcerned,  an  extension  of  the  individual  to  some  part  of  the  material 
world,  so  that  it  is  affected  by  liis  pers(»nality.''^ 

But  whence  conies  the  rUjht  of  the  individual  to  thus  extend  his 
[)()werover  the  natural  world,  and  what  are  its  conditions  and  limita- 
tions? In  thus  speaking  of  rights,  moral  rights  alone  are  intended, 
tor  the  law  knows  of  no  other,  if,  indeed,  any  otlier  exist.  There  are 
110  natural  indefeasible  rights  which  stand  for  their  own  rctison.  II 
rights  exist,  it  is  not  for  themselves  alone,  but  because  they  subserve 
the  hapi)iness  of  mankind  and  the  purposes  for  which  the  human  race 
was  placed  upon  the  earth.  Even  the  right  to  life,  however  clear  in 
general,  is  not  natural  and  indefeasible.  It  is  held  subject  to  the  needs 
of  mankind,  and  in  a  great  number  of  cases  may  be  justly  taken  by 
society.  In  order  to  ascertain  the  source  and  foundation  of  the  right 
of  property,  we  must  look,  as  all  moralists  and  jurists  look,  to  the 
nature  of  man  and  the  environment  in  which  he  is  placed.  We  find 
tliat  the  desii'e  of  exclusive  possession  is  one  of  the  original  and  prin- 
cipal facts  of  man's  nature  which  will  and  must  be  gratified,  even  though 
torce  be  employed  to  vindicate  the  i)ossession.  VVe  know,  also,  that 
man  is  a  social  animal  and  must  live  in  society,  and  that  there  can  not 
he  any  society  without  order  and  p(;ace.  Even  in  savage  life  it  is  a 
necessity  that  the  hunter  should  have  the  exclusive  ownership  of  the 
beast  he  has  slain  for  food  and  of  the  weapon  he  has  made  for  the  chase. 
Otherwise  life  itself  could  not  be  maintained.  His  rude  society,  even, 
is  not  possible  unless  it  furnislies  him  with  sotne  guaranty  that  these 
lew  possessions  be  secured  to  him.  Otiierwisc  he  is  at  war  with  his 
sjiccies,  and  society  is  gone.  The  existence  of  property,  to  at  least  this 
extent,  is  coeval  with  the  existence  of  man.     It  stands  upon  the  imperi- 


'. lurid.     Ki'liitions  (Loud.,  IS;M,  Ratto<i;uirrs  Trans.),  p.  178. 

■  fiOcke  expri's.ses  the  siiiuc  idea  :  "Tlic  IVijit  o^'  veiiiHoii  wliicli  nonrislK^s  tho  wild 
Indian  *  »  *  must  be  his,  and  so  his,  i.  c,  a  part  of  him,  tliat  another  can  no 
IdUKcr  have  any  ri}>;ht  to  it,"  etc.     (Civil  (iovernincnt,  Ch.  v,  ^  '2'>.) 

"Ill  niakiiifij  the  oliject  my  own  I  Htainjied  it  witli  the  niaik  of  my  own  person ; 
^vhdt'ver  attaidvs  it  attacks  me ;  the  lilow  struek  it  stril^es  me,  for  I  am  present  in  it. 
Property  is  hut  the  ])eripiiery  of  my  person  extended  to  things."  Ihuriug,  quoted 
!jy  George  B.  Newcomb,  Pol.  Science  Quarterly,  vol.  1,  p.  604. 


52 


AKGUMENT   OF   TIIK    UNITED    STATES. 


ouH  and  indisputable  bjisis  of  nccessify.  "Xecesssity  Itoffat  property."' 
Neitlier  liistory,  nor  triulition,  informs  ns  of  any  ])eoplo  wlio  liavc  in- 
habited tlie  eartli  anion}?  whom  the  rif'lit  of  piojx'rty  to  at  least  this 
extent  was  not  recoj^nized  and  enforced.  And  an  interesting  eonfirnia- 
tion  is  found  in  the  eireunistance  tlnit  the  rude  orif-inais  of  the  adinin- 
istration  of  justice  are  everywhere  found  in  contrivances  designed  for 
puidshnient  of  theft. 

The  eireunistance  That  in  the  early  advances  of  society  from  savage 
to  industrial  eonditions  we  find  that  in  many  tilings,  especially  land  and 
the  products  of  land,  community  proi)erty  is  found  to  obtain  in  place  of 
individual  i)roperty,  does  not  impair  in  any  degree  the  force  of  the 
views  just  exi)ressed.  The  institution  of  projjcrty  is  in  full  operation, 
whether  society  itself — the  artificial  person — asserts  ownership,  or  per- 
mits its  members  to  exercise  the  privilege.  Wherever  the  supreme 
necessities  of  society,  peace  and  order,  are  found  to  be  best  subserved 
by  ownership  in  the  one  form  rather  than  in  the  otlier,  the  form  most 
suitable  will  be  adopted.  Community  projierty  was  found  .sulllcient  for 
the  early  stages  of  society,  and  it  is  the  antici])ation,  or  the  dream,  of 
many  ingenious  minds  tiiat  the  exi)edient  will  again,  in  the  further  ad- 
vance of  society,  be  found  necessary. 

But  the  desire  of  human  nature  for  exclusive  ownership  is  not  lim- 
ited to  the  weapons  and  product  of  the  ciiase,  as  in  savage  society,  or 
to  the  reward  of  a  proportional  share,  as  in  early  industrial  communi- 
ties. Man  wishes  for  more,  for  the  sake  of  the  comfort,  power,  consid- 
eration and  influence  which  abundant  possessions  bring.  He  wishes  to 
better  his  condition,  and  this  is  possible  only  by  increase  of  posses- 
sions. And  the  improvement  of  society,  it  has  been  f()nn<l,  can  bo 
eftected,  or  best  effected,  only  througli  the  improvement  ol'  its  individ- 
ual members.  This  desire  of  individual  man  to  better  his  condition  is 
imperious,  and  must  be  gratified;  and  inasmuch  as  the  gratification 
tends  to  general  hap])iness  and  improvement,  a  moral  basis  is  furnished 
for  an  extension  of  tlie  institution  of  individual  ])r()perty.  As  the  first 
necessity  of  the  social  state,  peace  and  order,  require  that  ownership 
should  be  enforced  to  at  least  the  limited  extent  whicli  savage  eon- 
ditions require,  so  the  second  necessity  of  society,  its  progress  and 
advancement — that  is  to  say,  civilization — demands  that  individual 
eft'ort  should  be  encoui-aged  by  offering  as  its  reward  the  exclusive  own- 
ershii)  of  everytiiing  which  it  can  produce.     In  these  two  principal  neces- 


'  Bluckstuue's  Com.,  Book  2,  p.  8. 


roperty."' 
>  have  ill- 
least  this 
couflrina- 
he  adiniu- 
dgned  for 

im  savaj;fc 
y  laud  and 
ill  place  of 
ice  of  the 
oi)oration, 
lip,  or  per- 
e  supreme 
subserved 
form  most 
U'licientfor 
dream,  of 
further  ad- 
is  not  lira- 
society,  or 
comimini- 
'r,  consid- 
wislies  to 
»f  posses- 
,  can  bo 
ts  individ- 
•iidition  is 
ilication 
furnished 
lS  the  first 
()\\  nersliip 
tvage  cou- 
>ress  and 
intUvidual 
isive  OWU- 
ipal  neces- 


PROPERTY  IN  Tin;  ALASKAN  SEAL  HERD.         58 

sities  of  human  condition,  tlie  peace  of  society,  and  its  profjross  awd 
advancement  in  wealtli  and  numbers,  both  founded  ujion  tlio  stroiiijest 
desires  of  man's  nature,  the  institution  of  property  has  its  foundation. 

Tliere  arc  several  features  of  this  institution  which  in  this  discussion 
slinuhl  be  well  understood  and  <!arried  in  mind;  and,  first,  the  extent 
of  its  operation.  ]\Ianifestly  this  must  be  coextensive  witli  the  human 
(h'sires  and  necessities  out  of  which  it  sprinjjjs.  Wherever  there  is  au 
ol)jcct  of  desire,  not  existing  in  suflicieiit  (juantity  to  fully  satisfy  the 
^reed  of  all,  contlicstfor  possession  will  arise  and  consequent  danger  to 
l>c;ice.  S(»ciety  finds  its  best  security  for  order  in  extending  the  privi- 
lege of  ownership  to  everyihing  which  can  he  owned.  The  owner  may 
he  the  state  or  community,  as  under  early  and  rude  social  conditions; 
or  [iiivate  individuals,  as  civilization  advances;  but,  in  either  case, 
nothing  is  left  as  a  subject  for  strile.  The  grounds  and  reasons  wliicii 
society,  alter  the  introduction  of  individual  property,  may  allow  as  sufh- 
cient  for  awarding  ownership  to  one  rather  than  to  another  are  various; 
but  they  all  depend  upon  some  consideration  of  superior  merit  and 
desert.  That  one  man  has  by  his  labor  and  skill  formed  a  weapon  or 
;i  tool  is  instantly  recognized  as  a  sufticient  gnmnd  to  support  his  title 
to  it.  And  if  he  simply  takes  possession  of  some  things  before  unap- 
propriated by  anyone,  or  finds  property  to  which  no  other  owner  asserts 
a  claim,  his  right,  though  less  impressive,  is  still  superior  to  that  of 
any  other.  We  therefore  easily  reach  the  concdusion  that  the  necessi- 
ties which  demand  the  institution  of  property  equady  demand  its  ex- 
tension over  every  object  of  desire  as  to  which  conflict  for  possession 
may  arise. 

r.ut  it  is  not  only  the  necessity  of  peace  and  order  which  requires 
tliat  all-embracing  extent  of  the  institution  of  property.  It  is  alike 
(loinanded  by  that  high  moral  purpose  already  alluded  to  as  constitut- 
ing part  of  the  foundation  of  the  institution,  namely,  the  improvement 
iii'  society  .and  of  the  individual  man.  This,  as  has  already  been  seen, 
can  be  brought  about  only  by  the  cultivation  of  the  arts  of  industry  by 
which  nature  is  made  to  jneld  a  more  abundant  provision  for  human 
wants.  These  arts  will  not  be  jiracticed  uiihiss  the  fruits  of  each  man's 
l;il»or,  whether  it  be  the  i)roduct  of  the  field,  of  the  workshop,  or  the 
iiiiiease  of  animal?  which  are  the  subject  of  his  care,  are  assured  to 
him.  We  find,  th  irefore,  that  the  institution  of  property  is  so  iinbed- 
(1('(1  in  the  nature  of  man,  that  its  existence  is  a  necessary  consequence 
of  forces  in  oi)eration  wherever  man  is  found,  or  wheresoever  his  power 


i 


B9I 


54 


AKGUMENT    OF    Ti.::    UNITED    STATER. 


may  extend,  and  that  the  fnndaincjital  fornuila  by  which  the  institution 
ja  expressed  is  lliat  every  ohjeijt  of  desire,  of  ichich  the  supply  is  limited^ 
must  be  owned.  It  is  witli  tliia  i)rop()sition  tliat  Blackstone  closes  his 
chapter  upon  "  Projjerty  in  General." 

"Afjain,  there  are  other  tilings  in  wliich  a  iiorinanent  property  may 
subsist,  not  only  as  to  tiie  tenipoiary  use,  i>nt  also  fiie  solid  substance; 
and  wliich  y^'\  would  rrtMpicntly  be  loiind  without  a  i»ro))rietor  iiad  not 
the  wis<loin  of  the  law  provided  a  rcnu'dy  to  <tb\  iate  this  inconvenience. 
Siu'h  are  forests  and  otiier  waste  {jfrouiuls,  winch  were  omitted  t<t  be 
appropriati^l  in  tlie  };<'neial  distribution  ot  iaiuls,  Such  also  are 
wrecks,  estrays,  and  that  species  of  wild  aininals  which  the  arbitrary 
constitutions  of  positive  law  have  distinj;uishe(l  from  the  rest  by  the 
well  known  appellation  of  game.  With  rejiurd  to  these  and  some 
others,  as  disturbances  and  (piarrels  would  IVcipuMilly  arise  auionn'  in- 
dividuals, contendinfi'  about  the  ac(|uisition  of  tiiis  sjx'cies  of  propeity 
by  first  occui)aiM\v,  the  law  has  tluMcfore  wisely  cut  u)>  the  root  of  dis- 
sension by  vestinjjthe  fhinj^s  themselves  in  the  sovereifiii  of  the  State, 
or  else  in  his  representatives  appointed  and  authorized  by  him,  beiiijj: 
usually  the  lords  of  nuinors.  And  thus  the  legislature  of  lOngland  has 
universally  i)romoted  the  grand  ends  of  civil  society,  the  peace  and 
security  of  individuals,  by  steadily  i)nrsuing  that  irise  und  orderly 
maxim  of  assujuiiuj  to  evcrythiny  capable  of  ownership  a  legal  and  deter- 
minate owner."^ 


'  Sir  Ilonry  Maine,  ai'tor  tracing  with  his  wonted  aentcnoss  the  course  of  the  rte- 
volopineiit  of  the  ('(luccjition  of  i)ro])crty,  also  finds  that  it  finally  rosnlta  in  the 
proposition  that  every tiiin<;'  must  he  owned. 

"It  ia  only  when  therijjhts  of  property  jjaincd  aRanction  from  long  prnetical  invio- 
lahility,  and  when  the  vast  majority  of  objects  of  enjoyinent  have  hccii  Huhjected 
to  private  ownership,  that  mere  ixiH.session  is  allowed  to  invest  the  (Irst  possessor 
with  dominion  over  eommoditics  in  wliich  no  prior  jiroprietorship  lias  been  asserted. 
The  sentiment  in  which  this  doetriiie  originated  is  absolutely  irreconcilable  with 
that  infreiinency  and  uncertainty  of  ])r()prie  ary  rights  which  distiiif^uisli  the  bejiUi- 
ninjf  of  civilization.  The  true  basis  seems  to  be  not  an  instinctive  bias  towards  the 
institution  of  property,  but  a  ])re8um])tion,  arising  out  of  the  long  continuance  of  that 
institution,  that  evcriitltiiig  ought  to  have  an  on  ncr.  When  possession  is  taken  of  a  '  rca 
nulUufi,'  that  is,  of  an  object  wliich  is  not,  or  li.is  never,  been  reduced  to  dominion, 
the  possessor  is  ]termitte(l  to  become  jiroprietor  from  a  feeling  that  all  valuable  things 
are  naturally  subjects  as  an  exclusive  eiijoymont,  and  that  in  the  given  case  there 
is  no  one  to  invest  witii  the  rights  of  property  except  the  occupant.  The  occupant, 
in  short,  becomes  the-  owner,  because  all  things  are  i)resuiiied  to  be  somebody's  ])ro- 
perty,  and  because  no  one  can  be  pointed  out  as  having  a  l)etter  right  than  he  to  the 
proprietorship  of  this  particular  tiling."     (Ancient  Law,  C'h.  vni,  ]>.  219.) 

Lord  Chancellor  Chelmsford  made  the  proposition  that  every  thing  must  be  owned 
by  some  one,  the  ground  of  his  decision  in  the  House  of  Lords  of  the  case  of  Blades  v. 
Higgs.     (Law  .Journal  Reports,  N.  S.  28(5,  288.) 

From  Commentaries  on  the  Constitutional  Law  of  England.  By  George  Bowyer, 
D.  C.  L.,  2d  ed.     London,  1846,  p.  427: 

"III.  The  third  primary  right  of  the  citizen  is  that  of  property,  which  consists  in 
the  free  use,  enjoyment,  and  disposal  of  all  that  is  his,  without  ai:y  control  or  dimi- 
nution, sav  3  by  the  law  of  the  land.  The  institution  of  property — that  is  to  say,  the 
appropriation  to  particular  persons  and  uses  of  things  which  were  given  by  God  to 
all  mankind — is  of  natural  law.  The  reason  of  this  is  not  difficult  to  discover,  for 
the  increase  of  mankind  must  soon  have  rendered  community  of  goods  exceedingly 


PROI'KKTV    IN    TIIK    ALASKAN    SKAI.    IIKKD. 


65 


N'otliiiipf  \vlu(!li  is  not  an  object  of  human  dosire— tli.vt  is,  notliiiij; 
whicli  lias  not  a  recognized  utility — oau  be  tlio  Hubject  of  property,  for 
there  i.s  no  possibility  of  contliet  for  the  possession.  Property,  theie 
fore,  is  not  prcdicable  of  noxious  reptiles,  insects,  or  weeds,  e.\eei)t  uiuler 
>peeial  circuinstances,  where  they  may  bo  kept  for  the  purposes  of 
science  or  anmseineiit.     'i'lu!  supply,  indeed,  may  be  limited;  but  the 

cleinciit  of  utility,  which  (jxcitos  the  coutlictiiifj  desires  which  property 
is  desi;;ned  to  rocoiu;ile  and  restrain,  is  absent.  Nor  is  property  pred- 
icable  of  thini^rs  which,  thoufjh  in  the  highest  dej;i'<Hi  useful,  exist  in 
inexhaustible  abundance  and  within  the  reach  of  all.  Neither  air  nor- 
lijjfht  nor  runninj;- water  are  the  subjects  of  property.  The  supply  is 
unlimited,  and  where  there  is  abundance  to  satisfy  all  desires  there  can 
lie  no  conflict. 

There  is  a  still  further  qualification  of  the  extent  to  whi<-h  the  insti- 
tution of  property  is  operative.  Matufestly,  in  order  that  a  thing  may 
1)0  owned,  it  nnist  bo  susceptible  of  ownership,  that  is,  of  exclusive  ap- 
propriation to  the  power  of  some  individual.  There  are  things  of 
which  this  can  not  be  assort(>d.  Useful  wild  animals  are  the  familiar 
instance.  Although  objects  of  desire  and  limited  in  supply,  they  are 
Mot,  as  a  general  rule,  susceptible  of  exclusive  appropriation.  They 
arc  not  subject,  otherwise  than  by  capture  and  confinement,  to  the  con- 
stant disposition  of  man  as  he  may  choose  to  dispose  of  them.  We 
can  hold  them  only  by  keo}>i ng  them  in  captivity,  and  this  we  can  do 
only  in  respect  to  an  iiisignifi(!ant  part.  What,  in  the  view  of  the  law, 
const itatcs  thissmceptibilifii  of  evclusioe  apnt'opriation  is  an  interesting 
ami  im])!)rtant  question,  which  will  be  hereafter  discussed  in  connection 
with  the  question  what  animals  are  properly  to  be  denominated  as  wild. 

The  importance  of  the  conclusion  reached  by  the  foregoing  reasoning 
sliould  be  marked  by  deliberate  restatement.  The  institution  of  prop- 
city  embraces  all  tangible  things  subject  only  to  these  three  excepting 
coiiditious: 

First.  They  must  have  that  utility  which  makes  them  objects  of 
1 1  uman  desire. 


ge  Bowyer, 


Second.    The  supply  must  be  limited. 

Third.    They  must  be  susceptible  of  exclusive  api)ropriation. 

iui  onvcniont  or  impossible  consistently  with  tlio  peace  of  sofiety;  .and,  indeed,  by 
I'iir  till!  f;ro:itcr  number  of  tilings  can  not  bo  made  fully  subservient  to  the  n.se  of 
:  lunkind  in  the  most  benelicial  manner  unless  they  bo  governed  by  the  laws  of  ex- 
I ! naive  approi)riatiou." 


ISRiitil 


56 


AlHiUMKNT    OV    TIIK    UNITKli    STATES. 


This  concjliisioii  is  a  deduction  of  moral  rijjflil  drawn  from  the  Ciicts  of 
man's  iiatiMHiand  tliociivironiiuMitlii  which  lie  isphuMMl;  in  other  words, 
it  is  a  coiicliisioii  of  tlie  hiw  of  imturc;  but  this,  as  has  been  heietofoie 
sliown,  is  international  law,  exce[)tso  far  as  tlh' lattei' luiiy  ai)i)ear,  from 
the  actual  practice  and  usages  of  nations,  to  have  dejjarted  from  it,  or, 
to  si»eak  more  projierly,  not  to  have  risen  to  it. 

Turniuf,'  lo  the  a(;tual  practice  of  nati(»us,  that  is,  to  the  observed  fact, 
we  tind  that  it  is  in  precise  acc(U'dance  with  the  deductive  coiu-Iusion. 
No  tangible  tiiinj;'  can  be  pointed  out,  which  exhibits  the  conditions 
above  stated,  which  is  not  by  the  Jurisi)rudence  of  ull  civilized  nations 
l)r()U()uuced  to  be  the  sul)jectof  proi)erty,  and  protected  as  such.  This 
seems  so  manliest  as  to  justify  a  confidence  that  the  assertion  will  not 
lie  disi)uted. 

In  the  forcf;oing  reasoninj;  no  distinction  ha  s  been  observed  between 
owiu'iship  by  private^  individuals  under  municipal  law,  and  by  nations 
under  international  law.  There  is  no  distinction.  Nations  are  but  ag- 
gregates of  individual  men.  They  exhibit  the  same  ambitions, aresub- 
ject  to  like  perils,  and  must  resort  for  safety  and  jjcacte  to  similar  ex- 
I)edients.  Just  as  it  is  necessary  to  the  peace,  order,  aiul  progress  of 
nuinicipal  societies  that  everything  i)ossessing  the  three  characteristics 
above  enumerated  sh<»uld  be  owned  by  some  one,  so  also  it  is  necessary 
to  the  peace,  order,  and  ])rogress  of  the  larger  society  of  nations  that 
everything  belonging  to  the  f-anie  class,  but  which  from  its  magnitude 
is  incai)able  of  individual  ownership,  should  be  owned  by  some  nation. 
This  (ruth  is  well  illustrated  by  the  ])ractice of  nations  for  the  last  four 
centuries  in  acknowledging  as  valid  titles  to  vast  tracts  of  the  earth's 
surface  iiimn  no  other  foundation  than  first  discovery.  Nearly 
the  whole  of  the  American  continents  was  parceled  out  among  Euro- 
l)ean  nations  by  the  recognition  of  claims  based  upon  such  titles  alone.' 


'  Till'  iirMf'tifo  and  doetrino  of  Eiiroppnii  nations  npon  thissnhjoft  arc  dearly  set 
I'oifli  !)>  Mr.  t'biff  .lustico  Marshall,  in  d(!liverini;;tlip  opinion  of  tlio  .Sn])r('mo  Court 
of  tlio  Tnilcd  States  in  Jolinson  vs.  Mcintosh  (8  Wheat.,  543,  572.)  A  short  extract 
will  be  ]icrtinent  here: 

"As  the  rij;ht  of  society  to  prescribe  tliose  rules  by  vrhieh  pro)ierty  may  be  ac- 
quired and  ]ii'c8ervcd  is  not,  and  cannot  bo,  drawn  into  (niestion;  as  the  title  to 
lands,  csj)0('ially,  is,  and  must  be  adniittiMl,  to  dc^jjend  entirely  on  the  law  of  the  na- 
tion in  which  they  lie,  it  will  be  necessary,  in  pursiiiugtbis  in<|uiry,  to  examine,  not 
simitly  those  princi)ile8  of  abstract  justice  wbich  the  Creator  of  all  thin<j;s  has  ini 
])re8sed  on  the  mind  of  his  creatine,  man,  and  which  aie  admitted  to  rej;nlate  in  a 
great  degree  the  rights  of  civilized  nations,  whose  perfect  iudei)endence  has  been 
acknowledged,  but  those  ))rinci]des  also  which  our  own  Government  has  adoi)ted  in 
the  particular  case,  and  given  as  the  rule  of  decision. 

"On  the  discovery  of  this  iiumeuse  coutiuout,  the  great  nations  of  Europe  were 


rROlT'IJTY    I\    THK    AT.ASKAN    SKAI-    IIF.RD. 


67 


■  I'iicts  ol' 
r  words, 
M'otol'oi'e 
'iir,  from 
(111  it,  or, 

vod  fact, 
iichisioii. 
)i)<litiou» 
1  iiiilioiis 
■li.  Tliis 
1  will  not 

between 
y  nations 
■e  but  age- 
*,aiesub- 
milar  ex- 
lojivess  of 
leteristics 
necessary 
ions  tliat 
a^Miitiide 
le  nation, 
last  four 
le  earth's 
Nearly 
ng  Euro- 
les  alone.' 

•arly  sc^t 
icino  Court 
lort  extract 

Inay  1)6  nc- 
tho  title  to 
»t'  tlio  iia- 
|ainino,not 
ir.s  has  im- 
:ul:it(^  in  a 
lias  been 
[adopted  in 

trope  were 


And,  for  tlio  most  part,  tlii-  vast  t('rrit()rie,a  thus  actinired  wero  not  even 
seen.  Tlie  maritime  (!oasts  oidy  wore  oxi)lored,  and  title  to  the  wlnde 
iiderior,  stretcihinj;  from  oeeaii  to  oeeaii,  or  at  least  to  the  sources  of 
the  rivers  emptying  upon  the  coiists  exi>loi!'d,  was  asscrti'd  upon  tlie 
basis  of  this  limited  discovtny.  Some  limitations  were  placed  upon 
tliese  vast  claims  resultin.i;'  from  conllicts  in  the  alleviations  of  priority; 
but,  for  the  most  part,  tlie  etfectivciu^ss  of  tirst  discovery  in  1,'ivin};  title 
to  ^'reat  areas  which  had  ii(»t  been  even  exi>Ioi'c(l  was  rcci)j,Mii/ed.  If 
the  men;  willin<;  by  the  first  discoverer  that  things  susceptible  of  tip- 
])r()priation  should  be  his  property  was  held  suflicient  to  make  them  so, 
it  could  only  have  been  from  a  (ioinmon  conviction  that  ownersliii*  of 
every  part  of  the  earth's  surface  by  some  nation  was  so  essential  to  the 
general  peace  and  order,  that  it  was  expedient  to  recognize  the  slightest 
nim-al  foundiition  as  sutllcient  to  support  a  title.  The  principle  has 
been  extended  to  vast  territories  which  are  even  incapable  of  human 
occupation.  The  titles  of  Great  Britain  to  her  North  American  terri- 
tory extending  to  the  frozen  zone,  and  of  the  (Jnited  States  derived 
from  Russia  to  the  whole  territory  of  Alaska  have  never  been  (pies- 
tioned. 

Xni:  FORM  OF   THE    INSTITUTION— COMMUNITY   IND   PRIVATE   PROP 

ERTY. 

But  althougli  the  existence  of  human  society  inv(dve.s  and  necessi- 
tates the  institution  of  property,  it  does  not  determine  tha/orm  which 
that  institution  assumes.  The  necessity  that  all  things  susceptible  of 
ownership  should  be  owned  is  one  thing;  but  who  the  owner  shall  be 

e:i;;oi'  to  appropriate  to  tlK.'inselves  so  much  of  it  as  they  could  rfsiiectivcly  acf|niro. 
Its  vast  (ixteiit  afforded  an  ample  lield  to  the  amldtion  and  enterprisool' all ;  and  the 
cLaiuctcr  and  relii^ion  of  its  iiiiiahitants  alforded  an  a])ol()fjy  for  Cdiisideriiig  them  as 
a  people  over  whotn  the  superior  f^eiiius  of  Iairo])e  niinlit  claim  an  ascendency.  The 
piiii'iitates  of  the  world  found  no  difficulty  in  convincing  themselves  that  they  made 
auii)le  compensation  to  the  inhabitants  of  the  ninv,  by  bcstowim^  upon  them  civili- 
/;iti()n  and  Christianity,  in  exchaiij:;e  for  unlimited  independence.  But,  astlicy  wero 
.ill  in  pursuit  of  nearly  the  same  object,  it  was  necessary  in  order  to  avoid  conflict- 
iii'j;  settlements,  and  couse(pK'nt  war  with  each  otluu',  to  estalilish  a  principle  whirh 
all  should  acknowledge  as  the  law  by  which  the  rijfht  of  acquisition,  which  tliey  all 
asserted,  should  be  regulated  as  between  themselves.  This  priuciiile  was  that  dis- 
covery gave  title  to  the  governments  by  whose  subjects,  or  by  whose  authority  it 
was  made,  against  all  other  European  governments,  which  title  might  be  consum- 
iiiat(!d  by  possession.  The  exclusion  of  all  other  Europeans  necessarily  gave  to  the 
nation  making  the  discovery  the  sole  right  of  acquiring  the  soil  from  the  natives 
iind  establishing  settlements  upon  it.  It  was  a  right  with  which  no  Eurojjeaus 
<'<>idd  interfere.  It  was  a  right  which  all  asserted  for  themselves,  and  to  the  asser- 
tiou  of  which  by  others  all  assented." 


58 


ARGUMENT    OF    THE    UNITED   STATES. 


is  aiioflier.  As  lias  already  boon  pointed  out,  the  absolute  necessities 
of  rude  society  may  be  safislicd  by  inakiu.ij  society  itself  the  universal 
owiiei';  which  is  the  condition  actually  presented  by  some  very  early 
conimunitii's;  but  individu;il  o\vn(M'ship  is  tiie  '""ndition  found  in  all 
societies  which  have  reached  any  consi(i...able  degree  of  advancement. 
This  matter  of  the  form  of  tht^  ius*^itution  is,  of  course,  determined  in 
a  municipal  society  by  its  laws,  and  these  are  in  turn  determined  by 
its  inordliti/.  Ownersliip  is  itw;ird('d  in  accordance  with  the  sense  of 
right  a!id  lltness  wiii(;h  prcviiils  among  the  nuMubers  of  society.  It  is 
this  whicli  determines  its  will,  and  its  will  is  its  law. 

In  seeking  for  the  inorid  grounds  ujjon  which  to  make  its  award  of 
the  rights  of  private  ownership  that  which  is  first  and  universally  ac- 
cepted is  what  may  be  called  desert.  "  Siiiim  cuiqiie  frihiicre,''^  lies  as  an 
original  conception  at  tlie  basis  of  all  jurisprudence.  In  respect  to  land 
indeed,  an  origirial  grant  may  be  required  from  the  community  or  the 
sovereign;  but  whatever  a  umn  produces  by  his  labor,  or  saves  by  Llie 
practice  of  abstinence^  is  justly  reserved  for  his  exclusive  nse  and  benefit. 
This  is  the  principle  npon  which  the  right  of  i)rivate  property  is  by  the 
great  majority  of  jurists  placed;  and  it  .s  often,  somewhat  incorrectly 
])erhaps,  made  the  foundation  of  the  institution  of  i»roi)erty  itself.  In 
our  view  a  distinction  is  observable  biitween  the  institution  itself  and 
the  form  wliicli  it  assumes.  Tiu^.  first  springs  from  the  ne(!essity  of 
peace  and  order,  society  not  being  possible  without  it ;  but  when  private 
property,  which  is  also  the  result  of  another  necessity,  namely,  the  de- 
mands of  civilized  life,  becomes  the  form  which  the  institution  assumes, 
the  principle  oi  desert  comes  into  operation  to  govern  the  award. 

OWNERSHIP   NOT   ABSOLUTE. 


But  what  is  the  extent  of  the  dominion  which  is  thus  given  by  the 
law  of  nature  to  the  owner  of  property?  This  question  has  much  im- 
portance in  the  present  discussion  and  deserves  a  deliberate  considora- 
tion. 

In  the  common  apprehension  the  title  of  the  possessor  is  absolute, 
and  enables  liim  to  deal  with  his  property  as  he  pleases,  and  even,  if 
he  pleases,  to  destroy  it.  This  notion,  sufiiciently  accurate  for  most  of 
the  connnon  purposes  of  life,  and  for  all  controversies  between  man  and 
man,  is  very  fir  from  being  true.  No  one,  indeed,  would  assert  that 
he  ha<l  a  moral  right  to  waste  or  destroy  any  useful  thing;  but  this 
limitation  of  power  is,  pcrha;».  commonly  viewed  aa  a  mere  moral  or 


PROPEllTY    IN   THE    ALASKAN    SEAL    HERD. 


69 


leccssities 
universal 
,^ery  early 
Liid  in  all 
iincenient. 
nnined  in 
mined  by 
e  sense  of 
sty.    It  is 

awai'd  of 
3rsally  ac- 
'  lies  as  an 
ect  to  land 
lity  or  the 
ves  by  llie 
nd  benefit. 
y  is  by  the 
ucorrectly 
itself.  In 
itself  and 

cessity  of 
en  private 

y,  the  de- 

assiinies, 

ird. 


en  by  the 
much  im- 
ijousidora- 

absolntc, 
d  even,  if 
or  most  of 
I  man  and 
sort  that 
but  this 
moral  or 


I 


religions  precept,  for  tlie  violation  of  which  man  is  responsible  only  lo 
his  Maker,  and  of  whicli  human  law  takes  no  notice.  Tiie  trutli  is  lar 
otherwise.  This  precept  is  the  basis  of  much  municipal  law,  and  lias 
a  widely-reaching  operation  in  international  juvisprudence.  Tiicreare 
two  propositions  belonging  to  this  part  of  our  inquiry,  closely  connected 
with  eaeh  other,  to  whicli  the  attention  of  the  Arbitral,  rs  is  })articularly 
invited.  They  will  be  found  to  have  a  most  important,  if  not  a  wlinlly 
decisive,  bearing  ujton  the  ]Mesent  controversy. 

First.  No  possessor  of  ])r(»perty,  whether  an  individual  man.t)r  ii 
nation,  has  an  absolute  title  to  it.  His  title  is  coupled  with  a  trust  I'oi- 
the  benefit  of  maidvind. 

Second.  The  title  is  further  limited.  The  things  themselves  ar<>  not 
given  him,  but  only  the  usufruct  or  increase.  He  is  but  tlie  custodian 
of  the  stock,  or  principal  thing,  liolding  it  in  trust  for  the  present  and 
future  generations  of  man. 

The  first  of  these  propositions  is  stated  almost  in  the  language  em- 
ployed by  one  of  the  highest  authorities  on  the  law  of  nature  and  na 
tions.  Says  Pnttendorf,  "God  gave  the  world,  not  to  tiiis,  nor  to  tliat 
man,  but  to  the  human  race  in  general.""  1'lie  bounties  of  nature  are 
gifts  not  so  much  to  those  whose  situation  enables  t'u'in  to  gatlier  tliem, 
luit  to  those  who  need  them  for  w.sr.  And  Locke,  "  Ood  gave  the  world 
to  men  in  ctmiipon.'"  Jf  it  be  asked  how  Hiis  giit  in  common  can  be 
reconciled  with  the  exclusive  possession  which  the  institution  ofproj)- 
erty  gives  to  partiinilar  nations  and  particular  men,  the  answer  is  by 
the  instrumentality  of  commerce  wliich  springs  into  existence  with  the 
iicginnings  of  civilization  as  a  part  of  the  order  of  nature.  Indeed  it. 
is  only  by  means  of  commerce  that  the  original  common  (jift  could 
have  been  made  effectual  as  sneh.  Every  bounty'  of  nature,  how- 
ever it  may  be  gathered  bj'^  thi-  or  that  man,  will  e\eiitiially 
liiiil  its  way,  through  the  insti'umentality  *»!'  commeice,  to  tliose  who 
want  it  for  its  inherent  (lualities.  It  i>  lor  these,  wherever  they 
may  dwell,  that  it  is  destined.  Were  it  not  for  these  the  bounty 
would  be  of  little  nse  even  to  those  whose  situation  enables  them 
til  control  it  and  to  gather  it.  But  for  commerce,  and  the  ex- 
lianges  ell'ected  by  it,  the  greatest  part  of  the  wealili  of  the  world 
would  be  wasted,  or  unimproved.-'     The  Alaskan  seals,  for  inshuice, 


'  Law  of  Naturo  ami  Nations.     Hook  iv,  Cliap.  v,  Hec.  9. 
'  Civil  GdvcriiiiitMit.  Clia]).  v,  \S  131. 

" Wlicrewitli  acconlN  (liat  of  ],il)aiiiMH,  (idd,  Haitli  lie,  liatli   imt   i(\ailo  any  onn 
Mit  of  the  world  tho  Htorelioiise  of  all  hi.s   bleswings,  but  hath  wiwcly  ditilributed 


60 


ARGUMENT    OF   THE    UNITED    STATES. 


would  he  nearly  valnoloss.  A  few  IiuikIiimIs,  or  thonsauds  at  the  most, 
would  sul'tice  to  sni)i)l.y  all  the  uoeds  of  the  scanty  p()])ulation  liviug 
on  the  islands  wJiere  tiiey  are  found,  or  along  the  shores  of  the  seas 
tliroufih  whicli  they  pass  in  their  migrations.  Ind<!ed,  the  Piibilof 
Islands  wouhl  never  have  been  inhabited,  or  even  visited,  by  man 
exeept  for  the  i)ur[)ose  of  cap  uriug  seals  iu  oider  to  sup])ly  the 
demands  oi"  distant  peoples.  The  great  blessing  to  mankind  at 
large  capable  of  being  alforded  by  this  animal  would  have  been  wholly 
unrealized.  The  sole  condition  upon  which  its  value  dei>eiids,  even 
to  those  who  i)ursue  and  cai)ture  it,  is  that  they  are  al)le.  by  exchang- 
ing it  for  the  products  of  other  and  distant  luitions,  to  furnish  them- 
selves with  many  blessings  which  they  greatly  desire. 

This  truth  that  nature  intends  her  bounties  for  those  who  need 
them,  wherever  tliey  may  dwell,  may  be  illustrated  and  made  more 
clear  by  inquiring  upon  whom  the  loss  would  fall  if  the  gift  were  takcTi 
a\vay.  Take,  for  instance,  the  widely  used  and  almost  necessary  article 
of  India  rubber.  It  is  produced  in  but  few  and  narrowly-limited  areas, 
and  we  may  easily  suppose  that  by  some  failure  of  nature,  or  miscon- 
duct of  man,  the  ju-oduction  is  arrested.  A  loss  would,  no  doubt,  be 
felt  by  those  who  had  been  engaged  in  gathering  it  and  exchanging  it 
for  other  commodities;  and  a  still  moie  extensivo  one  would  fall  upon 
the  largely  greater  number  whose  labor  was  applied  in  manufacturing 
it  into  the  various  forms  in  which  it  is  used;  but  the  loss  to  both  these 
classes  would  be  but  temporary.  The  cultivators  could  raise  other 
])roducts,  and  tlie  manufacturers  could  employ  their  industry  iu  other 
fields.  The  oi)portunities  which  nature  oilers  for  the  employment  of 
labor  are  infinite  and  inexhaustible,  and  the  only  ell'ect  of  a  cessation 
of  one  industry  is  to  turn  the  labor  devoted  to  it  into  other  (jhannels. 
But  the  loss  to  the  consunuMs  of  the  article,  the  loss  of  those  who  need 
that  particular  thing,  would  be  absolute  and  irreparable. 

If  these  views  are  well  founded  it  follows  that,  by  the  law  of  nature, 
every  nation,  so  far  as  it  possesses  the  fruits  of  the  earth  in  a  measure 
more  than  suflicient  to  satisfy  its  own  needs,  is,  iu  the  truest  sense,  a 


tliiMii  tlirmifili  all  iiiitidnst,  that  no  oacli  Tioodiiii;  aniillii'i'.s  lid])  lio  iiiij^lit  llirrcliy  lead 
men  to  hDcioty;  and  to  lliis  end  lu'  discovcrod  unto  tlipiii  tlic  ait  of  incri  liaiidisinij;, 
that  HO  wiiatHocvor  any  iialioii  prodiirrd  iiiiybt  be  foiiiiiiiinicatoil  uuto  others." 
*     •     •    So  Tin  suiiH  spcakH  vi'iy  pertinently — 

"  What  to  on«  nntion  nature  doth  deny, 
That  she,  from  others,  doth  by  sea  Hiip|>ly." 

CCrotriH;  Pe  .Tiive  Ilclli  ac  Tacis,  Book II,  Chap.  II,  }  13.)    Soo  also  Phillunorc, inter- 
national Law,  vol.  I,  J).  'Ml,  'J(j2. 


PROPERTY    IN    THE    ALASKAN    SEAL    IlKRO. 


61 


the  most, 
ion  living 
■  the  seiis 
i  Pribilof 
,,  by  lUilii 
upi)ly  the 
mkiml  at 
'ou  wliolly 
iuds,  even 
'  exc.hang- 
lish  tliem- 

who  need 
mule  more 
vcre  taken 
ary  article 
ited  areas, 
or  mi  scon- 
doubt,  be 
ihanging  it 
I  fall  uiwn 
n  fact  n  ring 
both  these 
ise  other 
•y  ill  other 
lyment  of 
cessation 
channels, 
who  need 

of  nature, 
a  measure 
st  sense,  a 

tlicrchy  lend 
ii  liaiiilisiiijr, 
uto  others." 


Lmoro,  inter 


trustee  of  the  surplus  for  the  beneiit  of  those  iu  other  parts  of  the  world 
who  need  them,  and  are  willing  to  give  in  exchange  for  them  the  pi'od- 
ucts  of  their  own  labor;  and  the  truth  of  this  conclusion  and  of  the 
views  from  which  it  is  drawn  will  bo  found  fully  confirmed  by  a  glance 
at  the  approved  usages  of  nations.  It  is  the  characteristic  of  a  trust 
that  it  is  obllfjatoru,  and  that  in  case  of  a  refusal  or  neglect  to  perform 
it,  such  performance  may  bo  comi)olled,  or  the  trustee  removed  and  a 
more  worthy  custodian  selected  as  the  depository  of  the  trust.  It  is 
.in  admitted  principle  of  the  law  of  nature  that  commerce  is  obligatory 
upon  all  nations;  that  no  nation  is  permitted  to  seclude  itself  from  the 
rest  of  mankind  and  interdict  all  commerce  with  foreign  nations. 
Temporary  prohibition  of  commerce  for  special  reasons  of  necessity  are, 
indeed,  allowed;  but  they  must  not  be  made  permanent.* 

'  The  instrumentality  of  cornmerco  iis  a  part  of  the  achemo  of  nature  in  securing 
to  mankind  in  general  the  enjoyment  of  lier  various  gilts,  in  whatsoever  <iuarter  of 
the  earth  they  may  ho  fouinl,  has  Ix'tMi  puiutcil  out  hy  many  wiiters  upon  the  law  of 
nature  and  nations.  A  few  citation  will  he  sufiicient,  the  views  in  which  all  con- 
cur.    It  will  appear  from  those  which  arc  heiciu  furnished — 

1.  That  man  does  not  hegin  to  (h^sire  the  liciicfit  of  the  gilts  to  he  found  in  other 
ands  and  in  which  he  is  eiititleil  to  sliaro  until  lie  has  made  sonic  advances  towards 
civilization,  and,  conseiiucntly,  commerce  may  he  said  to  be  the  olVspring  of  civil- 
ization. 

2.  But  it  reacts  U]u)n  and  greatly  stimulates  the  cause  from  which  it  springs,  80 
that  civilization  miiy  also  he  said  to  be  the  fruit  of  commerce. 

3.  In  its  relations  to  civilization  it  is  like  the  division  of  labor  and  has  some- 
times been  styled  "the  (erritciinl  division  of  labor." 

4.  Doubtless  there  is  a  largo  discretion  which  ea<li  nation  may  justly  exercise  in 
respect  of  the  conditions  under  which  it  will  engage  in  conuuerce  with  other  na- 
tions. But  an  al)S')lule  or  iini'e:is()iial)le  refusal  is  in  clear  violation  of  natural  law. 
It  is  a  denial  by  the  refusing  nation  of  the  fundamental  truth  that  the  bounties  of 
nature  were  i)estowed  upon  mankind. 

From  "Dos  Droits  et  des  Devoirs  iles  Nations  Neutres  en  Temps  do  Gut.rro  Mari- 
time," par  L.  15.  llaatelfMiille.     Paris,  1818.      Vol.  I,  p.  I'.'jG: 

"The  Sovereign  Master  of  nature  did   not  confine  himself  to  giving  a  particular 

iliH])osition  to  every  man ;   he  also  diversitied   climates  and  the  natur'' of  soils      To 

'irh  country,  to  each  region,  he  assigned  dilVerent    fruits  and  special   productions, 

1  I  or  nearly  all  of  which  wore  susctM'tilih>  i>i  being  use<l   by  ni.in  iind   of  satisfying 

^  wants  or  his  jdcasurcs.     Almost,  all  regions  doul)tli';;.s   ]irodiiced  what  was  indis- 

iisable  for  the  sustenance  ol'  tlirir  inhaliitants,  but  not  one  jvrodured  all  the  fruits 

-It   were  necessary  to  meet  all   nal   needs,  or  more   particularly  all  cimvcntiiuial 

■  Ills,     It  was.  therefore,  necessary  to  have  recourse  to  otlnu'  nations  and  to  extend 

'ininerce.     Man,   impelled   by   that   instinct   whicii   leads  hini   to  sceii  jierfi'etion, 

■icated  now  needs  for  himself  .as  lie  made  new  discoveries,     lie  aceust(Uiied  himself 

:  I  the  use  of  all   the  iirodiutiotis  of  tlic  earth  and  of  its   industry.     The  cotton, 

-1.,'ar,  colTee,  and  tobacco  of  the  Now  World  have  become  art  i'b's  ot'|)riine  necessity 

:'r  the  European,  and  an  immense  trtnle  is  cfirried  on  in  them.     The  .\merican,  in 

"irn.  can  not  disiiense  with  the  varied  ])roiliietit>ns  of  European  manufacture.     The 

\elopnieut  of  commerce,   that  is  to  say,   tlie   satisfartion   of   man's  instincts  of 

"lability  aud  perfectibility,  has  greatly  ooiitributod  to  connecting  all  the  nations 


02 


ARGUMENT  OF  THE  UNITED  STATES. 


A  sure  guaranty  loi-  the  observance  of  this  trust  obligation  is  found 
iu  the  inii)eriou.s  and  universal  motive  of  seif-iuterest.  The  desire  of 
civilized  man  to  gratify  liis  numerous  wants  and  to  better  his  condi- 
tion so  strongly  impels  him  to  commerce  with  other  nations  that  uo 
other  inducement  is  in  general  needed.  The  instances  iu  history  are 
rare  iu  whicli  nations  inive  exhibited  unwillingness  to  eugage  iu  com- 
mercial iutcucourse;  but  they  are  i)ossible  under  peculiar  conditions, 
and  have  sometimes  actnally  occurred.  Such  a  refusal  is  generally 
believed  to  iiave  been  tiie  real,  though  it  was  not  the  avowed,  cause  of 
the  war  waged  by  Great  Britain  against  China  in  1840. 

For  the  [)urpos(,'S  of  further  illustration,  a  case  may  be  imagined 
stronger  than  any  of  tlie  a(;tnal  instances  referred  to.  Let  it  be  sup- 
posed that  some  particular  region  from  wiiich alone  aconunodity  deemed 

of  tlio,  nnivcrse;  it  has  .served  aa  a  vcliicle,  so  to  speak,  for  the  piMfdriiiiiiice  of  the 
duties  of  luiuKinity.  Coiiimeree  is  really,  thinctore,  an  institution  of  priiuitivo 
law  ;  it  has  its  sonree  and  its  ori<fin  in  the  divine  law  itself." 

From  Vattel  (7th  Anier.  ICd.,  1810,  Ck.  ii,  ch.  ii,  see.  21,  p.  143): 

"Skc.  21.  All  men  onj^ht  to  tind  on  earth  tlio  things  they  staiul  in  need  of.  In  the 
primitive  state  of  coniiimnion  they  took  tliem  whereser  they  happened  to  meet  with 
them  if  anotln  r  had  not  before  appropriated  tbem  to  his  own  nse.  The  introduction  of 
dominion  and  property  could  not  de|)iiv(^  men  of  so  essential  a  riyht,  and,  conse- 
((uently.  it  ean  not  take  ))laee  without  leavini;  fheni,  in  jj;eneral,  some  means  ot'pro- 
euiiuii  what  is  useful  or  necessary  to  them.  This  nusans eonniierce;  by  it  every  man 
imiy  still  sn])piy  liia  wants.  Things  lieini^  now  become  property,  there  isnoobfain- 
inn' them  wiliniut  the  own(!r"s  eonsent,  nor  art!  they  usually  to  be  had  for  nothiui^f, 
but  they  may  l)e,  b(Hij;ht  or  e.\elianfj;ed  for  other  things  of  equal  value.  Men  are, 
llivri'forc,  under  (tn  ohH;i((lit>ii  to  curry  on  that  eonnnerco  with  each  other  if  they  wish 
not  to  dcviiitefnim  lltii  rii  im  of  lutlnrc,  and  this  oblij;ation extends  also  to  aholc  naUoiis 
or  states.  It  is  seldom  that  natiiie  is  seen  in  one  plate  to  i)rt)tluce  t^verything  neces- 
sary for  tht^  nse  of  man;  one  country  abounils  in  corn,  another  in  jjasturesanil  cattle, 
a  thinl  in  timber  ami  metals,  etc.  If  all  those  countries  tratle  togetber,  as  is  agree- 
able to  hunum  nature,  no  one  of  llieiu  will  lie  witlnnit  sntdi  things  as  are  useful  ami 
necessary,  ami  the  views  of  natun^,  our  connnon  mother,  w  ill  be  fnllllled.  Further, 
onti  c()untry  is  litter  for  some  kiml  of  ]iroducts  than  for  another,  as,  for  instance, 
titter  lor  the  \  iiie  than  ftir  tillage.  If  tradts  ami  barter  take  place,  every  nation,  on 
the  certainty  of  f)rt)cnring  wbat  it  wants,  will  employ  its  lands  and  its  iiulustry  in 
the  most  atlvantageous  manner,  and  mankind  in  general  jirove  gainers  by  it.  .Such 
are  the.  founilatitms  of  the  general  obligations  incnmb  nt  on  nalious  recijjrocally  to 
cultivate  commerco." 

Frttm  "Lemons  de  Droit  \\o  la  N'.atnre  et  des  Gens,"  par  M.  le  I'rofessenr  Ft'dice, 
Vtd.  II.  (Droit  des  (ions).     I'.iris,  is;;().     Leftni  xvii,  page,  293: 

"The  Tweil  of  this  t^\■ellnuge  is  based  upon  the  laws  of  nature  .and  upon  the  wise 
arrangement:  which  the  .Sufircme  r>eing  has  established  in  the  world,  each  region  ami 
i»aih  [loriion  of  which  furuisbes,  imieeil,  ;i  ni-eat  variety  of  pr.iiluctions,  but  also 
lacks  ceriain  lliinus  rec{uii'eil  for  the  (omfort  or  necils  id' nnin ;  this  tiblinfs  men  to 
excliange  their   commotlitics   with  tiach  otln.'r   anil   to  form   bonds  of  fricudsLip, 


PROPERTY  IN  THE  ALASKAN  f^EAl.  HERD 


63 


is  found 
desire  of 
lis  coiidi- 
8  tliat  no 
istory  are 
;e  in  com- 
onditions, 
generally 
,  cause  of 

imagined 

it  be  sup- 

ty  deemed 

iiniK'e  of  tlie 
uf  primitive 


Bcl  of.    In  the 
lo  meet  with 
troduction  of 
b,  iiiid,  conse- 
nciiiiH  of  pro- 
it  every  miin 
is  no  ol)taiii- 
Ibr  iiothiii;,', 
0.     Men  <iyo, 
if  they  wish 
a-liolc  nations 
thiujj;  uect's- 
I'Siiml  ciittli', 
,  UR  is  iij^ni^- 
re  useful  aiul 
(1.     Further, 
for  iustiuiee, 
ry  nation,  on 
<  indnstiy  in 
by  it.     8iieh 
ueiprocally  to 

esseur  Felice, 

ipoti  the  wise 
leh  rej^ion  and 
ions,  hnt  also 
lilines  men  to 
»f   fiicudahip, 


necessary  by  man  everywhere,  such  as  Peruvian  bark,  could  be  pro- 
cured, was  witliiu  tin-  exclusive  doiuiiiiou  of  a  [)arlicular  power,  and 
that  it  should  absolutely  i»r()hibii  tlie  exijortation  of  the  coniuuMlity; 
could  there  be  any  well-founded  doubt  that  other  nations  would  ho 
justitied,  un<ler  the  law  of  nature,  in  eonipelling  that  nation  by  arms 
to  permit  free  conunerce  in  such  commodity  'I 

And  this  trust,  of  whicli  we  are  speaking,  is  not  limited  to  that  sur- 
plus of  a  nation's  production  which  is  not  needed  for  its  own  wants, 
but  extends  to  its  means  and  capabilities  for  production.  No  nation 
has,  by  the  law  of  nature,  a  right  to  destroy  its  sources  and  means  of 
production  or  leave  them  unimproved.  None  has  the  right  to  convert 
any  portion  of  the  earth  into  a  waste  or  destdation,  or  to  i»er,nit  any 
part  which  may  be  uuule  fruitful  to  renuiin  ii  waste.  To  destroy  the 
source  from  which  any  human  blessing  tlows  is  not  merely  an  error,  it 

wiiereas,  otherwi.se,  their  jiassions  would  imixl  tliem  to  hate  and  destroy  ratdi 
other.     '     *     * 

■'The  law  of  commerce  is  therolore  hased  upon  the  oldi.uation  under  wliieli  nations 
are  to  assist  each  other  mutually,  and  to  contribute,  as  far  aa  lies  in  their  power 
t(i  the  hajipiness  of  each  other." 

I'riuii  Levi  (International  Connnerciul  haw,  2d  ed.,  IStllJ.  \'ol.  i,  I'reface,  jjp. 
xxxix,  xl): 

'  *  *  "ConinuTee  is  a  law  of  nature,  and  the  rii;ht  of  tradiii;;-  is  a  natural 
ii!;ht.(*)  Hnt  it  is  only  an  imperfect  rij;ht,  iuasiuudi  as  each  luiliou  is  the  solo 
judjii' of  what  is  ad\autanious  or  (lisaihMutaL;,eous  to  itself;  and  whether  or  not  it 
Iiccouvenient  for  her  to  cultivate  any  liraui  h  of  Iraile,  or  toopeu  tradiii^'  intercourse 
with  any  one  country.  Hence  it  is  that  no  nai  ii  ii  has  a  rii^ht  to  •ompel  anotlu'r  ua- 
iloii  to  eiiti'i'  into  tradiiiii'  intercourse  w  itli  herself,  or  ti;  ji.i.'-s  laws  for  tlu^  beneiit  of 
ttad'iifj;  i'n<l  traders,  ^'et  the  refusal  of  this  natural  ri^lil,  wiiether  as  a<^ainst  ono 
nation  only,  or  as  ac;aiust  all  nations,  would  lonstitute  an  olfense  aj;aiiist  intciina- 
liomd  law,  ami  it  was  tliis  refn^ai  to  trade,  and  the  exclusion  of  ISritish  traders  from 
her  cities  and  towns,  that  led  to  tlv  war  with  <.'hin;i. 

From  Ilalleek  (International  Law  (F.d.  bSdl),  Ch.  xi,  see,,  i;^,  p.  2S0) : 

"Skc.  13.  To  tiiis  ri.nht  of  trade  there  is  a  correspoudin;:;  duly  of  unit  mil  cominerce, 

founileil  on  tlie  e-eneral  law  of  n.iture;   for,   says  \altei,  'one  couniiy   abounds  in 

corn,  an(dlier  in  pasturijs  and  cattle,  a  third  in  timber  :!iid  met;,!-. ;  ;ill  I  he.'-e  eouuti  ios 

■  I'adinjj;  to.u'ether,  agreeably  t()  human  natni'e,  no  one  will  be  wiliioul  siuli  ihinn's  as 

i!  c  ns(d'ul  and  necessary,  and  tiie  vitjws  of  nat  ure.  oui'  c()iiHu<in  niolln^r,  will  be  ful- 

lled.     I'nrther,  one  ciuintry  is  filler  lor  some  i^ind  of  |U()ilucts  tinin  ancjiher;  as 

nr  vim'yards  more  than  liliaue.     If  ir.ide  ;iud   barter  take  place,  every  nation,  on 

he  cDrtainty  of  procnrinn'  what  it  w.ints.  will  employ  its  industry  and  its  j^round  iu 

Mie  most  advantajfcoiis  nunmer,  and  manhind  in  j^eneral  proves  a  gainer  l)y  it.    Such 

•c  the  foundations  of  the  j^'e'ieral  oblijration   incuiid)ent  on  nations  reciprocally  to 

iltivate  eonnuerce.  Therefore,  everyone  is  not  only  to  Join  in  trade  as  far  as  it 
:  ■■isonahly  can,  but  even  to  countenance  and  inouudt)  it.'  " 

Reddle  (Impuries  into  International  I>a\v.  2d  VA,  ls,">l,  (Jh,  v.,  Pt.  Ii.,  sub  set;,  ii., 
Alt.  II,  p.  21)7): 

"  But  the  chief  source  of  tUo  inlercourse  of  nati(uis  in   tlusir  individual  capacity 


♦  Vuttcl,  1).  I,  rh,  8,  sce.sa. 


^mmmmm 


64 


ARGUMENT   OF   THE    UNITED    STATES. 


is  a  crime.  And  the  wrong  is  not  limited  by  the  boundaries  of  nations, 
but  is  indicted  upon  tlioso  to  whom  the  blessing  woukl  be  useful  wlier- 
ever  they  may  dwell.  And  those  to  whom  the  wrong  is  done  have  the 
right  to  redress  it. 

Let  the  case  of  the  article  of  India  rubber  be  again  taken  for  an  illus- 
tration, and  let  it  be  supposed  that  the  nation  which  held  the  lields  from 
wiiich  the  world  obtained  its  cliief  supply  should  destroy  its  plantations 
and  refuse  to  continue  the  cultivation,  can  it  be  doubted  that  other 
nations  would,  by  the  Jaw  of  nature,  be  justilied  in  taking  possession  by 
force  of  the  territory  of  the  recreant  power  and  estiiblishing  over  it  a 
governmental  authority  wliicli  would  assure  a  continuance  of  the  culti- 
vation ?  And  what  would  this  be  but  a  removal  of  the  unfaithful  trus- 
tee, and  the  appointment  of  one  who  would  perform  the  trust?' 

is  tlio  excliango  of  commodities,  or  uatiiriil  or  artifirial  production.  The  territory 
of  one  State  very  rarely  produces  all  tliat  is  recinisite  for  the  supply  of  the  wants, 
for  the  use  and  enjoyment  of  its  iuhahitauts.  To  a  certain  extiut  one  state  gener- 
ally abuunds  in  what  otliers  waut.  A  mutual  exehaugo  of  superliiious  commodities 
is  thus  reciprocally  advantageous  for  hotli  naticnia.  And,  as  it  is  a  moral  duty  iu 
individuals  to  promote  the  welfare  of  tlieir  ueiglil)or,  it  appears  to  be  also  the  moral 
duty  of  a  nation  not  to  refuse  commerce  with  other  natious  when  that  commerce  is 
not  liurtrul  to  it,sclf." 

From  Kent  (Commentaries  on  Ameriean  Law.  (The  Law  of  Nations,  part  1.) 
Ed.  18G0.     Ch.  IL,  p.  117). 

"As  the  aim  of  iuternatiimal  law  is  the  happiness  and  ])erfe(tion  of  the  general 
society  of  nuiukind,  it  enjoins  upon  every  nation  the  punctual  oliservance  of  benev- 
olence and  good  will,  as  well  as  of  justice  toward  its  neighliors.  This  is  e(iually 
the  policy  and  tlie  duty  of  nations.  They  ought  to  cultivate  a  free  intercourse  for 
commercial  purposes,  iu  order  to  sui)idy  each  other's  wants  and  ])rouiote  each  other's 
])ros]ierity.  Tlie  variety  of  climates  and  jjroductions  on  the  surface  of  the  glol)e, 
ami  the  facility  of  comnuinication  by  meiins  of  rivers,  lakes,  and  the  ocean,  invite  to 
a  liberal  conunerco,  as  agreeable  to  the  law  of  nature,  and  extremely  conducive  to 
natiiMiiil  amity,  industry,  aud  haiiiuness.  The  numerous  wants  of  civilized  liin  can 
only  lie  supplied  by  mutual  exch:inge  between  natious  of  the  peculiar  productions 
of  each." 

'(^uses  iu  which  natiruis  have  supposed  themselves  justified  in  interfering  with  tho 
territory  ami  aH'airs  of  other  nations  have-  fre(ii;ently  occurred.  The  war  celel)rate(l 
in  Grerinn  liislory  as  tins  lirst  8acred  War  was  an  early  and  illustrative  instance 
growing  (Hit  oltliendigious  sentiment,  'flie  tem|de  of  AjmiHo  at  l)el(ihi  was  the  jirin- 
ci  pal  shrine  in  the  religion  oft  irccce.  It  was  within  the  territory  o  I' the  state  of  J\ri.-sa 
whose jieople  had  desecrated  by  cultivation  the  surroundingsof  ihespot  where  it  was 
situated,  aud  by  levying  tolls  ami  other  "xactions  had  obstructed  the  ])ilgrimag(>s 
which  the,  votaries  of  the  god  were  wont  to  make.  A  large  part  of  Greece  arose  to 
])nuisli  this  violation  of  tlie  cnuHuon  right,  and  in  a  war  of  ten  years'  duration  de- 
stroyed the  town  of  Krissa,  and  consecrated  the  plain  around  the  temple  to  the 
service  of  the  god  by  decreeing  that  it  should  forever  remain  untilled  aud  un)dauted, 
((irote.  History  of  (Jreece,  Loud.,  1817,  vol.  IV,  p.  84.)  China  has  furnished  one  of 
the  few  instances  in  modern  times  of  unwillingness  to  engage  in  fonugn  conmu^vce, 
This  was  not  the  avowed  lint  was  i)ri)bably  one  of  tho  real  causes  of  the  war  waged 
against  that  nation  by  Great  Britain  in  1810. 


I 

5V 


'..1 

[5! 


PROI'F.KTV    I\    TlfK    ALASKAN    8KAL    HERD. 


65 


f  nations, 
>iul  wlier- 
I  liave  the 

ir  an  lllus- 
ields  from 
l.mtationa 
:liat  other 
session  hy 
g  over  it  a 
f  the  culti- 
ithfiil  triis- 


rbe  tenitory 
if  the  wants, 
I  state  gciier- 
coinuioditios 
iioral  duty  hi 
Iso  the  moral 
; comuieice  is 

niB,  part  1.) 

the  general 
ice  of  liciicv- 
is  is  e(iiially 
itcrcoursf  lor 

each  other's 
)f  the  globe, 

m,  invite  to 

ondueive  to 
/ed  liln  can 

productions 

ing  with  tlio 
r  celebrated 
ivo  instance 
was  the  prin- 
ite  orKri>sa, 
wliere  it  was 
])ilgrinia^cs 
ece  arose  to 
duration  do- 
niple  to  the 
d  unithnUed. 
islied  one  of 
ill  commerce, 
e  war  waged 


It  is,  indeed,  upon  this  ground,  and  this  ground  alone,  that  tlie  con- 
(jiiest  by  civilized  nations  of  countries  occupied  by  savages  has  been, 
or  can  be,  defended.  The  great  ntitions  of  Europe  took  possession  by 
force  and  divided  among  themselves  t'ne  great  continents  of  Xorth  and 
South  A.morica.  Great  Britain  has  incorporat<Ml  into  her  extensive 
eHi]>ire  vast  territories  in  India  and  Australia  by  force,  and  against  the 
will  of  their  original  iiihabitiints.  She  is  no\i-,  with  I^rance  and  Clcr- 
inany  as  rivals,  endeavoring  to  estiiblish  and  extend  iter  dominion  in 
the  savage  regions  of  Africa.  Tlie  United  States,  from  time  to  time, 
expel  the  native  tribes  of  Indians  from  their  lionies  to  make  room  for 
their  own  people.  These  acts  of  the  most  civilized  and  Oliristian  nations 
are  inexcusable  robberies,  unless  they  can  be  defended,  under  tlie  law 
of  nature,  by  the  argument  that  these  uncivilized  countries  were  the 
gifts  of  nature  to  man,  and  that  their  inhabitants  refused,  or  were  una- 
ble, to  perform  that  great  trust,  imposed  upon  all  n.itions,  to  make  the 
eapabilities  of  the  countries  whicli  tliey  hold  subservient  to  tlie  needs 
of  man.  And  this  argument  is  a  sufficient  defense,  not  indeed  for  the 
thousand  excesses  which  have  stained  these  conquests,  but  for  the 
conquests  themselves. 

The  second  proposition  above  advan(!ed,  namely,  that  the  title  which 
nature  bestows  ui)ou  man  to  her  gifts  is  of  the  usufruct  (m\y,  is,  indeed, 
but  a  corollary  from  tliat  which  lias  just  been  discussed,  or  ratlier  a 
part  of  it,  for  in  saying  that  the  gift  is  not  to  this  nation  or  that,  but  to 
mankind,  all  generations,  future  as  well  as  present,  are  intended.  The 
earth  was  designed  as  the  permanent  abode  of  man  tlirotigh  ceaseless 
generations.  Each  generation,,  its  it  appears  upon  the  scene,  is  entitled 
only  to  use  the  fair  inlieritance.  It  is  against  the  law  of  nature  that  any 
waste  should  be  conunitted  to  the  disadvantage  of  the  su(;ceeding  ten- 
nuts.'    The  title  of  eacli  generation  may  be  described  in  a  term  familiar 


'  Since  the  power  of  man  over  tilings  extends  n<i  fiirthur  than  to  use  them  accord- 
ingly as  they  are  in  their  uattiro  usable,  thiugn  are  not  matter  lor  consideratiiui  in 
!.nv  except  in  regard  to  the  use  <ir  treatment  of  which  they  are  capable.  Hence  no 
right  to  things  can  exist  beyond  the  right  to  use  them  according  to  their  nature; 
and  this  right  is  Property.  No  doubt  a  person  can  wantonly  destroy  a  subject  of 
l'roj)crty,  or  treat  it  in  as  many  ways  which  are  rather  an  abuse  than  a  use  of  tho 
Uiing.  But  such  abnse  is  wasteful  and  immoral;  and  tlial^  it  is  not  at  the  saiue  timo 
illegal,  is  sinqily  because  there  are  many  duties  of  morality  which  it  is  impossible, 
inexpedient,  or  unnecessary  for  tho  positive  law  to  encorporate  or  enforce.  I  tUere- 
I'ore  define  property  to  be  the  right  to  the  exclusive  use  of  a  thing. 

It  will,  perhaps,  be  objected  to  this  that  if  gathering  the  acorns,  or  other  fruits  of 
the  earth,  etc.,  makes  a  right  to  them,  then  any  one  may  oagrosb  as  much  as  ho  will, 

1^749 5 


^^rar" 


G6 


AUGIJ.MEXT    OF   TIIK    UNITED    STATES. 


to  English  lawyers  as  limited  to  an  estate  for  life;  or  it  may  with  equal 
propriety  be  said  to  be  eoupled  with  a  trust  to  transmit  tlieiuheritauce 
to  those  who  suceeediu  at  least  as  good  a  eondition  as  it  was  found, 
reasonable  use  only  excepted.  That  one  generation  may  not  only  con- 
sume or  destroy  the  annual  iucrease  of  the  products  of  the  earth,  but  the 
stock  also,  thus  leaving  an  iuadecpTate  provision  for  the  multitude  of 
successors  which  it  brings  iuto  life,  is  a  notion  so  repugnant  to  reason 
as  scarcely  tonce<l  formal  refutation.  The  great  writers  upon  the  law 
of  nature  and  nations  i)roperly  content  themselves  with  simply  affirm- 
ing, without  laboring  to  establish,  tliese  self-evident  truths. 

The  obligation  not  to  invade  the  stock  of  the  provision  made  by 
nature  for  the  sui)port  of  human  life  is  in  an  especial  manner  imposed 
upon  civilized  societies;  for  the  danger  proceeds  almost  wholly  from 
them.  It  is  commerce,  the  fruit  of  civilization,  and  which  at  the  same 
time  extends  and  advances  it,  that  subjects  the  production  of  each 
part  of  the  globe  to  the  demands  of  every  other  part,  and  thus  threat- 
ens, unless  the  tendency  is  counteracted  by  efficient  husbandry,  to 
encroach  upon  the  sources  of  supply.  The  barbaric  man  with  sparse 
numbers  scattered  over  the  face  of  the  earth,  with  few  wants,  and  not 
engaged  in  commerce,  makes  but  a  small  demand  upon  the  natural  in- 
crease. He  never  endangers  the  existence  of  the  stock,  and  neither 
has,  nor  needs,  the  intelligent  foresight  to  make  provision  for  the  future. 
ButAviththe  advance  of  civilization,  the  increase  in  population,  and  the 
multiplication  of  wants,  a  peril  of  overcon sumption  arises,  and  along 
with  it  a  development  of  that  prudential  wisdom  which  seeks  to  avert 
the  danger. 

Tlie  great  and  principal  instrumentality  designed  to  counteract  this 
throatening  tendency  is  tlie  institution  of  private  individual  property, 
which,  by  holding  out  to  every  man  tlie  promise  that  he  shall  have  the 
exclusive  possession  and  enjoyment  of  any  increase  in  the  products  of 
nature  which  he  may  etiect  by  his  care,  lal:)or,  and  abstinence,  brings 
into  play  the  powerful  motive  of  self-interest,  stimulates  the  exertion 
in  every  direction  of  all  his  faculties,  both  of  mind  and  body,  and  thus 


To  which  I  answer :  Not  so.  The  same  law  of  nature  that  does  by  this  means  give 
u8i)roi)(!rty,  docs  also  bound  that  proi)orty  too.  "  God  has  given  us  all  things  richly," 
(I  Tim.  vi,  17,)  is  the  voice  of  reason  confirmed  by  inspiration.  But  how  far  has  he 
given  it  to  ust  To  enjoy.  As  much  as  any  one  can  make  use  to  any  advantage  of  life 
before  it  spoils,  so  much  ho  may  by  his  labor  fix  a  x)roperty  in.  Whatever  is  l)cyoud 
this  is  more  than  his  share,  and  belongs  to  others.  Nothing  was  made  by  God  for 
mau  to  spoil  or  destroy.     (S.  Martin  Leaks,  J  arid.  Soc.  Papers,  Vol.  1,  p.  uo'2.) 


rilOl'ERTY    IN    THE    ALASKAN    SEAT-    HERD. 


67 


nth  equal 
ibeiitauce 
as  loimd. 
only  con- 
li,  but  tUe 
iltitude  of 
)  to  reason 
)n  the  law 
)ly  affiiin- 

L  made  by 
)V  imposed 
holly  from 
b  the  same 
3n  of  each 
lus  threat- 
oandry,  to 
nth  sparse 
ts,  and  not 
natural  la- 
nd neither 
the  future. 
)n,  and  the 
and  along 
cs  to  avert 

oract  this 
I  property, 
ill  have  the 
roducts  of 
ce,  brings 
le  exertion 
Y,  and  thus 

i  means  give 
ings  I'iclily," 
>\v  far  has  he 
mitagc  of  life 
verisbcyoud 
o  by  God  for 
J.  532.) 


leads  to  a  prodigiously  increased  production  of  the  fruits  of  the  earth. 

There  are  some  provisions  to  this  end  wiii(;li  are  beyond  the  ])()wer 
of  x)rivate  men  to  supply,  or  for  supi)lying  which  no  suflicieut  induce- 
ment can  be  holdout  to  them,  inasmuch  as  the  rewards  can  not  be 
secured  to  them  exclusively;  and  here  the  self-interest  of  nations  sup- 
plements and  cooperates  with  tiiat  of  individuals.  A  large  share  of 
tlie  legislative  policy  of  civilized  states  is  devoted  to  making  provision 
for  future  g(nu;rati()ns.  Taxation  is  sought  to  be  limited  to  the  annual 
income  of  society.  Permanent  institutions  of  science  are  established 
for  the  purpose  of  acquiring  a  fuller  knowledge  of  natural  laws,  to  the 
end  that  waste  may  be  restricted,  the  earth  be  made  more  fruitful,  and 
the  stock  of  useful  animals  increased.  The  destruction  of  useful  wild 
animals  is  sought  to  be  prevented  by  game  laws,  and  the  attempt  is 
even  made  to  restock  the  limitless  areas  of  the  seas  with  animal  life 
which  may  be  made  subservient  to  man. 

The  same  policy  is  observable  in  the  ordinary  municipal  law  of  states. 
Whenever  the  possessor  of  property  is  incapable  of  good  husbandry, 
and  therefore  liable  to  waste  or  misapply  that  part  of  the  wealth  of  so- 
ciety which  is  confided  to  him,  he  is  removed  from  the  custody,  and  a 
more  prudent  guardian  substituted  in  his  place.  Infants,  idiots,  and 
insane  persons  are  deprived  of  the  control  of  their  property,  and  the 
state  assumes  the  guardianship.  This  policy  is  adopted  not  merely  out 
of  regard  to  the  i)rivate  interests  of  the  present  owner,  but  in  order  also 
to  promote  the  permanent  objects  of  society  by  i)rotecting  the  interests 
of  future  generations. 

There  are  some  exceptions,  rather  apparent  than  real,  to  the  law 
which  confines  each  generation  to  the  increase  or  usufruct  of  the 
earth.  2^"ature  holds  in  some  of  her  storehouses  the  slow  accumula- 
tions of  long  preceding  ages,  which  can  not  be  reproduced  by  the 
agency  of  man.  The  products  of  the  mineral  kingdom,  when  con- 
sumed, can  not  bo  restored  by  cultivation.  But  here  the  operation  of 
the  institution  of  private  property  is  still  effective,  by  exacting  the 
liighest  price,  to  limit  tlu^  actual  consumption  to  the  smallest  extent 
consistent  with  a  beneficial  use.  Again,  it  is  not  possible  to  limit  the 
consumption  of  useful  wild  birds  to  the  annual  increase;  for  they  can 
not  be  made  the  subjects  of  ex(;lusivc  api)ropriation  as  property,  and 
consequently  can  not  be  inci-eased  in  numbers  by  the  care  and  absti- 
tience  of  individual  man.  Tiie  motive  of  self  interest  can  not  here  be 
brought  into  play.    But  society  still  makes  the  only  preservative  efibrt 


■5P 


!«■ 


68 


AIIOIMENT    OF   THE    UNITKD    STATES. 


Bi  'U 


I  'i 


in  its  power  by  rcstriutiuij  cousumptioii  tlaou^'li  the  ajjcncy  of  game 
laws. 

So,  also,  in  tlie  case  of  flshes  inhabitinj;  tlio  seas  and  reproducing  their 
species  therein.  It  is  impossible  to  limit  tlio  extent  to  wliieii  tliey  may 
bo  captured;  but  hero  nature,  as  if  conscious  of  the  inability  of  man 
to  take  care  of  the  future,  removes  the  necessity,  in  most  cases,  for  such 
care  by  the  enormous  provision  for  reproduction  which  she  makes. 
The  possible  necessity,  however,  or  the  wisdom  of  endeavorinj^  to  sup- 
plement the  provision  of  nature,  has  already  been  taken  notice  of  by 
man,  and  efforts  are  now  in  progress  to  prevent  an  appreliended  de- 
struction of  the  stock.  The  case  of  fishes  resortinj^,  for  the  purjjoses 
of  reproduction,  to  interior  waters,  has,  for  a  lon<^  time,  engaged  the 
attention  of  governments,  and  nuuh  success  has  followed  ell'jrts  to 
make  the  annual  increase  adequate  to  human  wants. 


SUMMARY  OF  DOOTKINES  ESTABLISHED. 

The  foregoing  discussion  concerning  the  origin,  foundation,  extent, 
form,  and  limitations  of  the  institution  of  i)ropcrty  will,  it  is  believed, 
bo  found  to  furnish,  in  addition  to  the  doctrines  of  municipal  law, 
decisive  tests  for  the  deternuuation  of  the  principal  question,  whether 
the  United  States  have  a  property  in  tlio  seal  lierds  of  Alaska;  but  it 
may  serve  the  purposes  of  convenience  to  present,  before  proceeding 
to  apply  the  conclusions  thus  reached,  a  summary  of  them  in  a  concise 
form. 

First.  The  institution  of  property  springs  from  and  rests  upon  two 
prime  necessities  of  the  human  race: 

1.  The  establishment  of  peace  and  order,  whicli  is  necessary  to  the 
existence  of  any  form  of  society. 

2.  The  preservation  and  increase  of  the  uscfnl  products  of  the  earth, 
in  order  to  furnish  an  adequate  supply  for  the  constantly  increasing 
demands  of  civilized  society. 


Second.  These  reasons,  upon  which  the  institution  of  property  is 
founded,  require  that  every  useful  thing,  the  supply  of  which  is  limited, 


I'li'OPKJ!  TV    IN    TIIK    ALASKAN    SKAI,    IIKKD. 


G9 


of  gaine 

in  jj  their 
hey  may 
'  of  mail 
,  for  sucli 
»  makes. 

f  to  HUp- 

eo  of  by 
ikIcmI  (le- 
purposes 
ifjecl  the 
ell  Jits  to 


n,  extent, 
believeil, 
il)al  law, 
p  whether 
a;  but  it 
•oceeding 
a  concise 


upon  two 


iry  to  the 


;he  earth, 
icreasing 


■operty  is 
is  limited, 


and  wliifli  is  ciipablc  ol  owiieiship,  sh(»ald  be  assiyiu  d  to  some  legal 
and  delenuinatc  owner. 


Tliird.  The  extent  of  the  dominion  which,  by  the  law  of  nature,  is 
coideiTed  upon  i)aiiicuhu' nations  over  the  things  of  the  earth,  is  limited 
in  two  ways: 

1.  They  are  not  made  Ihe  iibsolufe  owtiers.  Their  title  is  coupled 
with  a  trust  for  the  beneiil  di"  lu  uil;iiid.  Tlio  human  race  is  entitled  to 
participate  in  the  eujoi/mcnt. 

2.  As  a  corollary  or  part  of  the  last  foregoing  proposition,  the  things 
tliemselves  are  not  given;  but  only  tlie  increase  or  usufruct  thereof.' 

APPLICATION  OF   THE  FOUEGOINO   PRINCIPLES   TO  THE  QUESTION  OF 
rilOPJUiTY   IN   TUE   ALASKAN    HERD   OF   SEALS. 

In  entering  upon  tlie  particuhir  discussion  whetlier,  upon  the  princi- 
ples above  established,  tlie  United  States  have  a  property  interest  in 
tlie  seal  herd,  it  is  obvious  tlint  we  must  have  in  mind  a  body  of  facts 
which  have  not,  as  yet,  been  fully  stated. 

We  were  oblig(>d.  indeed,  while  showing  that  the  seals  must  be  re- 
garded as  the  subjects  of  jiroperty  under  the  settled  and  familiar  rules 
of  municipal  law,  to  brielly  point  out  that  the  question  whether  they 
were,  under  that  law,  the  subjects  of  jiroperty  depended  upon  their 
nature  and  Inibits.  nnd  not  upon  whether  they  were  to  be  classed  under 
one  or  the  other  oi  the  vague  and  uncertain  general  divisions  of  tcild 
and  tame;  and  also  that  they  had,  as  part  of  their  nature  and  habits, 
all  the  essential  qualities  upon  which  that  law  had  declared  several 
other  descriptions  of  aniniiils  commonly  designated  as  wild  to  be,  nev- 
ertheless, the  subjects  of  ])i()perty.  Ibit  this  brief  description  is  not 
Rullicient  for  the  purposes  of  the  broader  argument  u^ion  which  we 
are  now  engaged.  We  should  hav^e  in  mind  a  complete  knowledge  of 
every  material  fact  connected  with  these  animals. 


'  In  the  forej:;()iii^  discussion,  wliidi  involves  only  tbo  most  general  principles, 
iiud  concerning;  whicli  tliore  is  little  controversy,  we  have  avoided  l're(jnent  refer- 
ence to  autliorities  in  ordisr  not  to  interrupt  the  attention.  But  an  examination  of 
Mie  authorities  should  not  be  omitted.  To  facilitate  this,  somewhat  copious  cita- 
Liuus  are  gathered  and  arraugcd  iu  the  Appendix  to  this  purtiuu  of  the  argumeut. 


70 


AIv'ClMF.N'r    OK    THE    UNITED    STATEP. 


TliO!  first  Ktoj),  llicicloic,  in  tlio  fiirllicr  iirofiicss  of  our  iir^iiinont 
lmls^  be  to  iisscmblc  more  i)ro<'is('ly  and  fully  our  inlbinintiou  coiiccrn- 
ing  the  wlility  of  those  animals,  tlu'ir  natnro  and  habits,  tlio  modes  by 
which  they  are  i)nrsued  and  captured,  the  danger  of  extermination  to 
which  they  are  exposed,  from  what  modes  of  capture  that  danfjer  arises, 
whotlier  it  is  <'ai)abl(^  of  bcinj"  averted,  and  by  what  means.  We  i)ro- 
cced,  therefore,  to  jdacc  before  the  learned  Arbitrators  a  concise  state- 
ment of  the  facts  bearing  u])ou  these  points. 

And  first,  concerning  their  vtiliti/.  That  they  belong  to  the  class  of 
useful  animals  is,  of  course,  a  conceded  fact;  but  in  this  general  admis- 
sion the  extent  of  the  utility,  the  magnitude  of  the  blessing  which  they 
bring  to  man,  may  not  be  adequately  estimated.  Tiiey  are  useful  for 
food,  and  constitute  a  considerable  part  of  the  provision  for  this  pur- 
pose which  is  available  to  many  of  the  native  tribes  of  Indians  vho 

inhabit  the  coasts  ah>ng  which  their  nngrations  extend.  They  are  ab- 
solutely necessary  for  this  purpose  to  the  small  native  ])opulati()n  of  the 
Pribilof  Islands.  These  could  not  subsist  if  this  provision  were  lost. 
They  are  useful  for  the  oil  which  they  afford;  but  their  ]»rincipal  utility 
consists  in  their  skins,  which  afford  clothing,  not  )nly  to  the  native 
tribes  above  mentioned,  but,  when  jirepared  by  the  skill  which  is  now 
employed  ujton  them,  furnish  a  garment  almost  unequaled  for  its  com- 
fort, <lurability,  and  beauty.  There  is,  indeed,  no  part  of  iho  animal 
which  does  not  subserve  some  human  want.  The  eagerness  with  which 
it  is  sought,  and  the  high  price  which  the  skins  command  in  the  mar- 
kets of  the  world,  are  further  proof  of  its  exceeding  utility.  Its  prodi- 
gious numbers,  even  after  the  havoc  which  has  been  wrouglit  by  the  re- 
lentless war  made  ui>on  it  by  man,  exhibit  the  magnitude  of  the  value 
of  the  species;  and  if  we  add  to  these  numbers,  as  we  justly  may,  the 
increase  which  would  come  if  its  former  places  of  resort,  which  have 
been  laid  waste  by  destructive  pursuit,  should  be  again,  by  careful  and 
protected  cultivation,  repeopled  the  annual  supply  would  exceed  the 
present  yield  j^erhaps  tenfold. 

Leaving  out  of  view  here  the  unlawful  character  of  the  employment, 
we  may  say  that  there  is  a  further  utility  in  the  employment  given  to 
human  Labor  in  the  pursuit  and  capture  of  the  animal  and  the  manu- 
facture of  the  skins.  There  are  probably  two  thousand  persons  em- 
ployed for  a  large  part  of  the  year  in  the  taking  of  seals  at  sea,  and  a 
large  number  in  the  building  of  the  vessels  and  making  of  the  imple- 
ments required  in  that  occupation.    A  much  larger  number,  principally 


PKorKIiTY    IX    TIIF.    AT,ASKAX    SH\[,    riKKl). 


71 


t'oiiccrii 
nodes  Ity 
nation  to 
rr  H  rises, 
We  i)i'()- 
ise  state- 

c  class  of 
al  adinis- 
iiieli  t.liey 
isefiil  for 
this  |)nr- 
iiins  vlio 
>,y  jire  ab- 
ion  of  the 
vere  lost. 
)al  utility 
he  native 
ch  is  now 
r  its  com- 
le  animal 
ith  which 
I  the  mar- 
Its  prodi- 
3y  the  re- 
the  value 
may,  the 
lieh  have 
ireful  and 
ixceod  the 

ployment, 
t  given  to 
lie  manu- 
rsous  cm- 
sea,  and  a 
the  imple- 
riucipally 


iidiahitants  (if  ( iH'at  IJiitaiii,  are  wliully  eMi|tloyid  in  the  itrepar;i{inn  of 
tlie  skins  for  market.  The  annual  value  of  tlio  manufactured  produet 
can  scarcely  be  less  than  .<< "),()()( ),()(»()  or  $(;,()()(»,()(>(). 

But  this  hist  mentioned  utility,  that  which  arises  from  the  employ- 
ment given  to  industry,  is  not  absolute  ami  i)ermaTient.  If  the 
industry  weie  destroyed  by  the  total  destruction  of  the  seals,  some 
inconvenience  would  doulttli^ss  \)o  I'elt  before  the  labor  could  bo 
<liverted  into  other  channels.  It  (u)uld,  however,  and  w(»uld,  be  so  di- 
verted, and  the  loss  would  thus  be  repaired.  Dut,  as  already  observ(><l, 
the  case  would  be  different  with  theloss  inflicted  upon  those  who  ».srtho 
skins.  No  substitute  could  supply  this  loss;  nor  would  there  be  any 
corresponding  gain.  In  tlie  case  of  some  useful  wild  animals,  the 
American  bison,  for  instance,  whicih  iidiabit  tlie  eartli  and  subsist  upon 
its  fruits,  and  which  are  necessarily  extei-minated  by  the  occupaiion  of 
the  wild  rt^gions  over  which  they  roam,  there  is  a  more  than  cotnix'u- 
sating  advantage  in  the  more  numerous  herds  of  tamed  animals  which 
subsist  uiion  the  same  food.  Ibit  the  seal  occupies  no  soil  which 
would  otherwise  be  useful.  The  food  upon  which  it  subsists  conies 
from  the  illimitable  storehouses  of  the  seas,  and  could  not  otherwise  bo 
made  productive  of  any  distinct  utility. 

We  are  next  to  take  into  more  particular  consideration  the  nafure 
and  habits  of  the  seal,  and  the  other  circiimslaiices  above  adverted  to 
which  enable  us  to  measure  the  perils  to  which  the  existence  of  the 
race  is  exiiosed,  and  the  means  by  which  these  may  be  best  counter- 
acted. It  is  here  that  we  encounter,  foi-  the  first  time,  any  material 
contradiction  and  disinile  iu  the  evidence;  and,  inasmuch  as  it  is  in  a 
high  degree  important  that  we  should  ascertain  the  precise  truth  upon 
these  points,  it  should  be  clearly  understood  what  evidence  is  really 
before  the  arbitrators,  and  what  measure  of  credit  and  weight  should 
be  allowed  to  the  different  classes  of  evidence.  Any  critical  and  de- 
tailed discussion  of  the  evidence,  if  incorporated  into  the  body  of  the 
argument,  might  involve  interruptions  too  much  protracted  in  the  chain 
of  reasoning,  and  will,  for  that  reason,  be  separately  ])res<Mited  in  ap- 
pendices; but  some  general  notion  should  be  had  at  the  outset  of  the 
relative  imjiortance  of  the  various  ])ieces  of  evidence. 

First.  There  is  a  large  body  of  commo)!  Jnunrlcflf/c  respecting  tlio 
natural  history  of  animals  and  the  facts  of  animal  life,  which  all  intel- 
ligent and  well  educated  minds  are  presumed  to  possess.  In  the  ab- 
sence of  those  facilities,  such  as  municipal  tribunals  allbrd  for  the  pro- 


■ar 


72 


Ai:(irMi:x!'  of  tjik  umtki»  statks. 


(liictioii  iuul  ('xaiiiiinitioii  ol"  wit  iiosscs,  it  is  siii)])<)S('(l  hy  thv  iiiulor- 
Ki,i;!U'(l  tliiit  tliisconiiiioii  Iviiowledi;!' i:i:i\-,  with  lavfji' hititndc,  Ix' (ict'incil 
t(»  be  iilrcad.v  posscssod  l)_y  the  leaiiicd  Aibitiatoi.s,  and  to  be  available 
in  the  discussion  and  di'cision  of  the  (!onti"oversy. 

►Second,  In  the  next  place  tliis  knowledge  may  be  sii])plcniented  l)y 
an  ai)peal  to  Mie  aiitlioiative  writings  of  scientili;'  and  Jcain«'d  men, 
and  also  lo  the  wiitings  of  trustwortliy  historians  and  of  actual  ob- 
servers of  llie  facts  will.  I;  tliey  rehite. 

Third.  'I'iie  re])oits,  botii  joint  and  separate,  of  tlie  Commissioners 
a])])ointed  in  ])nrsnanc,e  of  tiie  ninth  article  of  the  Treaty,  are,  by  tlie 
teiins  of  the  Tieaty,  ?Mrt(/6>evidence,  iiiid  were  undoubtedly  contemplated 
as  likely  to  furnish  most  important  and  trustwortliy  infornuition. 

Fourth.  The  testiiiiony  of  ordinary  \  ..iiesses,  actual  observers  of  the 
facts  to  which  they  testify.  This  is  contained  in  ex  parte  depositions, 
but  must,  notwithstanding,  be  received  as  competent.  No  mode  hav- 
ing been  provided  by  which  witnesses  could  be  subjected  to  cross-ex- 
annnation.  these  depositions  must  be  accepted  as  belonging  to  the  class 
of  best  obtaiiuible  evidence.  The  necessity  of  caution  and  scrutiny  in 
the  use  of  it  is  manifest;  but  it  may  be  found  to  l»e  of  great  value,  de- 
pending upon  the  niunber  of  concurring  voices,  and  tlie  degree  of  intel- 
ligence and  freedom  from  bias  wliich  maybe  exliibited. 

Coni'crning  the  rejjorts  of  the  Commissioners,  some  observations  are 
appropriate  in  this  jdace.  Their  duties  were  delined  in  concise  but  very 
clear  language  in  llie  ninth  artich;  of  the  Treaty,  as  follows: 

Each  CiovernnuMit  shah  appoint  two  (Commissioners  to  investigate, 
conjointly  with  tlic  Commissioners  of  the  otiier  (lovernnient.  all  the 
facts  haxing  relation  to  seal  life  in  ISering  Sea.  and  the  measures 
necessary  for  its  ])roper  ])rotection  and  preservation. 

The  i'oni"  Comnnssioners  shall,  so  far  as  they  may  be  able  to  agi'oe, 
nnike  a  Joint  re]tort  to  each  of  the  I'vo  (iovernments,  and  they  shall 
also  report,  either  jointly  or  severally,  to  each  (iovernment  on  any 
points  ujion  which  tlu'y  imiy  b(^  unable  to  agree. 

They  found  themselves  unable  to  agree.  e\ce])t  upon  a  very  fewpoints. 


the  most  imitortant  of  whicii  aic  expressed    in 


i'ollowini:  hniiiiiage 


r».  We  are  in  thorougli  agreei,H'i.t  llial,  for  industrial  as  well  as  for 
other  obvious  reasons,  it  is  inciunli-nt  upon  all  imtioi.s.  and  particu- 
larly upon  those  having  direct  coh'.mejM'ial  interests  in  fnr-seals,  to  pro- 
vide for  their  i>rote 't  ion  and    preservation.     *     *     * 

'..  We  lind  tiiat  since  the  Alaska  purchase  a  nmrked  diminnliou  in 
the  nund)er  of  seals  on  and  habitually  resorting  to  the  I'ribilof  fslands 
has  taken  ]dace;  thai  it  has  been  (innulativc  in  effect,  and  that  it  is  the 
result  el  c.\cessi\('  killinti'  l)v  man.' 


'Ciisc  ot'tlic  I'lii'cd  Siati-H,  p.  309. 


riJOniKTV    L\    T1!K    ALASKAN    SKAT-    UKKD. 


■3 


I'  nTulor- 
'  dft'incd 
ivailable 

on  tod  l)y 
K'd  men, 
uLual  ob- 

issioners 
(',  by  tlie 
L'liiplated 
on. 

M's  of  the 
lositioi'S, 
ode  biiv- 
{'ross-ex- 
tlio  class 
iiufiny  in 
i'ulne,  de- 
e  of  iutel- 

tions  are 
;  but  very 


•OS  t  lira  to, 
t.  all  Mie 
nioasiires 

to  iiiiiee, 
loy  sliall 
t  on  any 

\v  ])oints, 

iiii;ii;ij;'o: 

•»'1I  ;is  for 
|);irticu- 
s,  to  pro- 

iiiition  In 
Ishnids 
I  It  is  tlio 


Tlioso  gontlomcii  wcic,  soiiio  of  thoni  ;it  lc;ist.  men  oniinont 
ill  tlio  world  of  scionco,  iuid  nckiiouicd!;' d  cxitorts  upon  the 
subjo(  J  coniniittod  to  tlioni  tor  exmnination.  riio  laniiusific  of  the 
treaty  simply  called  tor  their  oi)ini()ns  and  advice  upon  a  (piestlon 
inaiidy  scientiiic.  What  was  the  reason  which  i)roveiited  them  from 
coining'  to  an  af^rcement?  ^Vas  it  that  the  question  was  a  dilficult  and 
doubtful  one  upon  which  nion  of  science  might  well  dilferf  it  would 
seem  not.  It  is  described  in  the  Joint  report  as  being- "  considerable 
(iitt'eren(;e  of  opinion  on  certain  fundamental  propositions,"  What  it 
ically  was  ai)])eai's  from  the  separate  lleport  of  tlie  (Jommissioncrs  of 
tiie  United  States.'  They  conceived,  as  is  therein  slated  by  them,  that 
the  only  subject  which  t]ie>'  were  to  consider  was  the  facts  relating  to 
seal  life  in  the  Bering  Sea,  and  what  measures  were  necessary  to 
secures  its  preservation.  If  there  were  any  question  of  ])roperty,  or 
international  right,  or  political  ex[)odiency,  involved,  it  was,  ])resumably, 
to  be  determined  by  others.  They  had  no  qualilications  for  such  a  task, 
and  were  not  called  upon  to  perform  it.  But  the  C'ommissioners  of 
(Jreai  Britain  took  a  dilferent  view.  In  that  view  the  question  of 
the  respective  national  rights  of  Great  Britain  and  the  United  States 
was  one  of  '4"nndaniental  importance,"  and  no  measures  were  entitled 
to  consideration  which  denied  or  ignored  the  supposed  right  of  suI)itMts 
(if  (Hreat  Britt.in  to  carry  on  i»elagic  sealing.  Their  iinderstandiiig'  of 
the  (piestion  u;)on  which  they  were  to  giv(!  an  o])ini(»ii  was  not  simply 
wiiat  measures  vere  necessary  to  preserve  the  seals  fiom  extermination 
hut  what  were  -he  '.iU^.asures  most  elective  to  that  eml  whi(di  could  be 
dvv\)>i'A\  conyAsttmtIi/  icith  a  supposed  ri<iht  on  the  part  of  nations  ficnt  rally 
10  carry  on  pelayltt  sealinp.  It  is  not  surprising  that  no  agreement  could 
1)0  reached.  Then  was  a  radical  difference  of  opinion  between  the  Com- 
iiiissioners  in  respect  to  their  functions.  According  to  llie  views  of  the 
I'nited  States  Conunissioners,  a  question  mainly  scientiiic  was  sub- 
mitted to  them;  but  their  assocuites  on  the  ])art  of  Great  Britain 
iliouglit  that  legal  and  jiolitical  (luestions  were  also  submitted,  or,  if 
not  submitteti,  that  they  were  bound  to  act  upon  the  view  tiiat  tin? 
1  .iiige  of  their  scientiiic  inquiry  was  lioiinded  and  limited  i)y  assiiinp- 
I  i:  11  IS  which  t  iiey  wei'e  rc(piired  to  make  it'spcii  ing  internal  ional  rights; 
I  oilier  words,  their  fiincticuis  were  not  those  of  scientiiic  seekers  for 
liie  truth,  but  diplomatic  agents,  intrusted  with  national  interests,  and 
charged  with  the  duty  of  nuiking  the  best  agreement  they  could  con- 
N  stently  with  those  interests. 


•iitri.,  pp.  316-318. 


74 


APtGrrviExr  oi'  the  uni'ied  states. 


It  sooins  very  clear  that  tliis  coneeijtioii  of  tlicii'  powers  and  fniietioiis 
was  wli()ll\  erroneous.  There  were  difJerences  between  Great  lUitain 
jiTid  the  United  States  respecting  the  subject  of  jx  ':igie  seal  hunting. 
l)ut  both  nations  were  agreed  that  it  was  extremely  desirable  that  the 
capture  of  seals  should  be  so  regulated,  if  possible,  as  to  prevent  the 
extermination  of  the  species.  It  was  extremely  desirable  to  both 
])arties  to  know  one  thing,  and  that  was,  whether  any,  and  if  any, 
what  measures  were  necessary  in  order  to  prevent  this  threatened 
extermijiation.  This  was  a  mainly  scientific  question;  but  whether  the 
measures  which  might  be  found  to  be  thus  necessarv  could  be  acceded 
to  by  both  parties  to  the  controversy  was  quite  another  qiiestion,  the 
decision  of  which  was  lodged  with  the  political  representatives  of  the 
respective  governments.  If  they  should  be  prepared  to  accede  to  them, 
all  (lilTicuIty  would  be  removed.  If  they  should  not  be  able  to  agree,  a 
tribunal  was  provided  with  power  to  determine  what  should  be  done, 
and  the  reports  of  the  Commissioners  were  to  be  laid  before  it  for  its 
instruction. 

Such  being  the  view  wiiich  the  Commissioners  of  Great  Britain  took 
of  their  own  functions,  their  report  should  be  regarded  as  partaking  of 
the  same  character,  and  such  it  appears  to  be  upon  insjiection.  There 
is  in  no  part  of  it  any  purpose  discernible  to  discover  and  reveal  the 
true  cause  which  is  operating  to  diminish  the  numbers  of  the  fur-seal, 
and  to  indicate  the  remedy,  if  any,  which  science  points  out.  It  is  ap 
parent  throughout  the  report  that  its  authors  conceived  themselves  to 
be  chan/ed  icith  the  licfcnmoi  the  Canadian  interest  in  pelagic  sealing; 
and  it  consequently  openly  exhibits  the  character  of  a  labored  apology 
for  that  interest,  particularly  designed  to  minimize  its  destructive  tend- 
ency, and  to  support  a  claim  for  its  continued  prosecution.  This  being 
its  distinguishing  feature,  it  is,  with  great  respect,  submitted  tliat  any 
weight  to  be  allowed  to  it  as  evidence  should  be  confined  to  the  siaie- 
ments  of  facts  which  fell  under  the  observation  of  its  authors;  that 
these  sliould  be  regarded  as  the  utterances  of  nnimix'achable  witnesses 
of  the  highest  character,  testifying,  however,  uiuler  a  strong  bias;  and 
that  the  opinions  and  reasonings  set  forth  in  it  should  be  treated  with 
the  attention  which  is  usually  accorded  to  tiie  arguments  of  counsel, 
but  .18  having  no  value  whatever  as  evidence. 

In  thus  pointing  out  the  general  character  of  the  Eeport  of  the  Com- 
missioners of  Great  Britain,  no  reflection  is  intetided  upon  its  authors. 
Similir  observations  would  be  applicable  to  the  Report  of  the  Uiiit<3d 


PT^orEUTY    IX    Tin:    AT.ASKAX    SEAL    TTET?D. 


75 


I  fniictioiis 
iixt  Britain 

II  hunting, 
le  that  the 
revent  tlie 
e  to  both 
nd  if  any, 
threatened 

liether  tlie 
be  acceded 
estion,  the 
ves  of  the 
de  to  them, 
to  agree,  a 
d  be  done, 
e  it  for  its 

ritain  took 

irtaking  of 

on.    There 

reveal  the 

le  fur-seal, 

It  is  ap- 

niselves  to 

ic  sealing; 

d  apology 

etive  teud- 

Ihis  being 

1  tliat  any 

)  the  stnie- 

lors;  that 

witnesses 

l)ias;  and 

I'afed  witli 

>f  counsel, 

f  the  Coin- 
s  authors, 
he  Uiiited 


States  Commissioners  had  they  taken  tlie  same  view  of  their  functions. 
Their  conception,  however,  of  the  duties  imposed  upon  them  was  widely 
different.  Tlicy  regarded  themselves  as  called  upon  simjdy  to  ascertain 
llie  truth,  whatever  it  might  be,  concerning  "seal  life  in  Dehring  Sea 
mid  the  measures  necessary  for  its  proper  protection  and  preservation." 
'I'liis  seemed  to  them  essentially  a  scientific  inquiry,  ami  not  to  embrace 
iiiiy  consi(U'rati()n  of  national  rights,  or  of  tlie  freedom  of  the  seas — a 
class  of  questions  which  the^^  would  probably  liave  deemed  tliemselves 
ill  (pialified  to  solve.  They  are  not,  indeed,  to  be  presumed  to  be  less 
interested  in  behalf  of  their  own  nation  than  theirassociateson  the  side 
of  Great  Britain ;  but  as  they  did  not  conceive  themselves  chaiged  w  itli 
the  duty  of  i)roteeting  a  sux)posed  national  interest,  they  could  remem- 
her  that  science  has  no  native  country,  and  that  they  could  not  defend 
ihemselves,  eitlicr  in  their  own  eyes,  or  before  their  fellows  of  the  scicn- 
titic  world,  if  they  had  allowed  the  temptations  of  i)atriotism  to  swerve 
tliemfrom  the  interests  of  truth.  Their  report  is  earnestly  recommended 
to  the  attention  of  the  Tribunal  as  containing  a  statement  of  all  the 
material  facts  relating  to  seal  life,  uncolored  by  naticmal  interest,  and 
clearly  presenting  the  scientific  conclusions  which  those  facts  compel. 
From  the  evidence  classified  as  above,  which  may  be  iegardc<l  as 
being  before  the  Tribunal,  we  now  proceed  to  collect  the  prineii)al  facts 
relating  to  seal  life,  and  the  methods  by  which  the  animal  is  jmrsned 
and  captured,  so  far  as  those  facts  are  matciial  in  the  iiiqiiiiy  whether 
the  United  States  have  the  property  interest  asserted  by  them.  For  tlie 
l»rincipal  facts  of  seal  lile  we  borrow  the  statement  coutaijied  in  the  re- 
jinit  of  tlu'C  United  States  Commissioners. 

PRINCIPAL  FACTS  IN  THE  LIFE   HISTORY  OF  THE   FUR-SEAL. 

1.  The  Northern  fur-seal  {CoUorhinvii  nminna)  is  an  inhabitant  of 
I'ering  Sea  and  the  Sea  of  Okhotslc,  wliere  it  Itrccds  on  rocky  islands. 
<>iily  four  breeding  colonies  are  known,  iiaincly,  (1)  on  the  I'ribilof 
Isliinds,  belonging  to  the  United  States;  (2)  on  llie  Commander  islands, 
lu'longiiig  toBnssia;  (.jion  Kobbeii  lieef  iM^l.mglng  tol'iissia;  and  (4) 
I'll  the  Knrile  islands,  Itclonging  to  Japan.  The  Frihilof  and  ('om 
niiinder  islands  are  in  Ueriiig  Sea;  liol)lKMi  }U\'t'  is  in  tlie  Sea  of 
Okhotsk,  near  the  isbnid  of  Sagiialien,  ami  tlie  Kurile  [sia'id  sare  be- 
ween  Yezo  and  Kamchatka.  Tlie  specie*  i.s  not  known  to  breed  in 
;niy  other  part  of  the  woi'ld.  The  fur-seals  of  l^ohos  Island  and  the 
south  seas,  and  also  those  of  the  (ialapagos  ishnids  and  the  islands  oil' 
'ower  Calilbrnia,  belong  to  widely  diilereiit  speeies,  and  are  placed  in 
i'ill'eretit  gejiera.  from  the  Northern  fur  sen  1. 

1'.  In  winter  the  fur  s»'als  migrate  jnio  theNorl'i  I'acific  Ocean.  Th<> 
iiirds  from  the  Commander  Islainls.  ilobben  Keef.  and  th(^  ivurile 
Islands  move  south  along  the  Japan  coast,  while  the  herd  belonging  to 


■ 


76 


ARGUMENT    OF    TIIK    UNITED    STATES. 


11)0  Prihilol"  Islands  leaves  JU'iiiifj  Sec  by  the  eastern  passes  of  the 
Aleutian  eliaiii. 

3.  The  liir  seals  of  the  Pribilof  Islands  do  not  mix  with  those  of  the 
Coniinander  and  Knrile  Islands  at  any  time  of  the  year.  In  summer 
the  two  herds  leniain  entirely  distinct,  separated  by  a  water  interval 
<»f  several  hundred  miles;  and  in  their  winter  nujiiations  those froni  the 
Pribilof  Islands  lollow  the  AnuMican  coast  in  a  southeasterly  direction, 
while  those  from  the  Commander  and  Kurile  Islands  follow  the  Sibeiian 
and  Japan  coasts  in  a  southwesterly  diiection,  the  two  lierds  being- 
separated  in  winter  b,\  a  water  interval  of  several  thousand  miles. 

This  rejiularity  in  tlie  movements  of  the  dilTerent  herds  is  in  obedi- 
ence to  the  well-known  law  that  ini(jratory  auimahJ'oUoic  definite  nndes 
in  mi  fi  rat  ion,  and  nlnrn  i/ear  after  year  to  the  same  places  to  breed. 
Were  it  not  for  this  hnv.  there  would  be  no  snch  thing  as  stability  of 
si)ecies,  for  inteibicedinf;'  and  existence  under  diverse  physiographic 
conditions  would  desti'oy  all  sjx'cific  cliaiacters.' 

The  i)ela,iie  of  the  Pril)iIof  fur  seals  dilfers  so  markedly  from  that  of 
the  Commander  Islands  fur-seals  that  the  two  are  readily  distinguished 
by  ex]»erts,  and  have  very  different  values,  the  former  commanding 
much  higher  prices  than  the  latter  at  the  regular  London  sales. 

4.  The  old  breeding  males  of  the  Piibilof  herd  are  not  known  to  range 
mn(di  south  of  the  Aleutian  Islands,  but  the  females  and  young  a])pear 
along^  the  American  coast  as  lar  south  as  northern  California.  lieturn- 
ing,  the  herds  of  females  move  northward  along  the  coasts  of  Oregon, 
Washington,  and  iJritish  Columbia  in  January,  February,  and  March, 
occurring  at  varying  distances  from  shore.  Following  tiu;  Alaska  coast 
iioi  thward  and  westward,  flu'y  leave  the  Korth  Pacific  Ocean  in  June, 
traverse  the  eastern  i)asses  in  the  Aleutian  chain,  and  i)roceed  at  once 
to  the  i'ribilof  Ishuuls. 

r>.  Tiie  (»ld  (breeding)  males  reach  the  islands  much  earlier,  the  first 
coming  the  last  week  in  Ajn'il  or  early  in  INIay.  Tliey  at  once  land  and 
take  stands  on  the  lookeiies,  where  they  await  the  arrival  of  the  fe- 
mak's.  Each  male  (called  a  bull)  selects  a  large  rock,  on  or  near 
which  he  renuiius  until  August,  unless  driven  oft  by  stronger  bulls, 
never  leaving  for  a  single  instant,  night  or  day,  and  taking  neither 
food  nor  water.  i>oth  before  ami  for  sometime  after  the  arrival  of  the 
females  (called  cows)  the  bulls  fight  savagely  among  themselves  for 
positions  on  the  I'ookeries  and  ibr  ]>ossession  of  .the  cows,  and  many 
are  severely  wounded.     All  the  l>ulls  are  h)cated  by  June  20. 

().  The  bachelor  seals  (holluschickie)  begin  to  arrive  early  in  May, 
and  huge  numbers  are  on  the  hauling  grounds  by  the  end  of  ^lay  or 
first  week  of  dune.  'I'hey  begin  to  leave  the  islands  in  Xoveud)er,  but 
jnany  remain  into  December  or.lanuary,  and  sometinu's  into  February. 

7.  Tiie  cows  begin  arriving  early  in  June,  and  soon  ajjpear  in  large 
schools  or  droves,  immense  numbers  taking  their  i)laces  on  the  rook- 
ei'ies  each  day  between  the  middle  and  end  of  the  mouth,  the  precise 
dates  vai'ying  witli  the  neather.  Tlu\v  assemble  alxuit  the  old  bullsin 
compact  gr()Ui>s,  called  harems.     The  harems  are  com])lete  early  in.Iuly, 


'  The  homo  of  a  spocioi  is  tlio  area  over  whicli  it  broods.  It  \h  well  known  to  iiat- 
m-alKsts  thiit  iiiininiory  aiiiiii  ils,  whothor  iniiiiimiils,  birds,  lislics,  ormeiiibcrs  of  other 
jjr()ii)is.  leave  Ihi'ir  hoiiiifs  t'or  a  |iart  of  tlio  year  b()(!ii\i.so  the  I'liiiiatic  coiiditioiiH  or 
ilio  food  Hiipidy  boi'otiK;  uiisuiltsd  to  tlioir  iicimIs;  ami  that  \vliei'in<»r  tho  home  of  a  kjic- 
cieH  is  80  situated  ad  to  iirovido  a  (Hiiitablo  eliniate  and  food  .sni)j)]y  thronjjlioiit  the 
year,  Huch  Hpeeios  do  not  nii'^r.ite.  This  is  tho  oxidanation  of  the  fact  tliat  tlio 
nortlioru  fur-scala  are  luij^iauUs,  wliilo  the  fiir-seal.s  of  tropical  aud  waiui  tcmporate 
latitudes  do  uut  migrate. 


^ 


K 


PROI'EIiTY    IX    HIE    ALASKAX    SUAE    HERD. 


77 


ses  of  the 

loso  <if  tlie 
III  suiiiiiier 
T  interval 
;e  from  tlie 
'  direction, 
le  kSibeiiau 
n'ds  being 
miles. 
s  in  obedi- 
biitc  routes 
js  to  breed. 
stability  of 
siographic 

om  that  of 
tinguished 
nmianding 
les. 

•n  to  range 
ing  a])i)ear 
.  Ketiun- 
jf  Oregon, 
lid  March, 
aska  coast 
111  in  June, 
■ed  at  once 

r,  the  first 
eland  and 
of  tlie  fe- 
1  or  near 
ger  bulls, 
g  neither 
val  of  the 
selves  for 
and  many 

V  in  May, 
af  ^Fay  or 
iiiber,  but 
F<'bniary. 
r  ill  large 
the  idok- 
('.  iirei'ise 
i  biilisin 
ly  in -Inly, 

own  to  iiat- 
■fi-.s  of  other 
MMlitiona  or 
iiicofa  NpC- 
iiKlioiit  the 
et  tliut  the 
U)iu],>erute 


at  which  time  the  breeding  rookeries  attain  their  iiiiiximum  size  r.nd 
compactness. 

8,  Tlic  cows  give  birtli  to  their  young  soon  alter  taking  their  places 
on  the  harems,  in  tlie  hitter  jiait  ot  Muneaiid  in  .July,  but  a  few  are  de- 
layed until  August.  Tlic  period  of  gestation  is  between  eleven  and 
twelve  months. 

0.  A  single  young  is  born  in  each  instance.  The  young  at  birth  are 
about  eqmilly  divided  as  to  .^e.\. 

10.  The  a(!t  of  nursing  is  iierformed  on  land  never  in  the  water,  li, 
is  necessary,  theiclbre,  tor  tlie  cows  to  remaii;  a  I  [hv  islands  until  th(! 
young  are  weaned,  which  is  not  until  they  are  four  or  live  moiitlis  old. 
Each  mother  knows  her  own  pup,  and  will  not  permit  any  other  to 
imrs«  Tills  is  the  reason  so  many  thousand  pups  starve  t(»  death  on 
the  rookeries  when  their  mothers  are  killed  at  sea.  We  liave  repeatedly 
seen  nursing  cows  come  out  of  the  water  and  search  for  their  young, 
olteii  traveling  considerable  distances  and  visiting  grouj)  after  grou{) 
of  pups  before  liiiding  their  own.  On  reaching  an  assemblage  of  jmiis, 
some  of  which  are  awake  and  others  asleej),  she  rapidly  moves  about 
among  them,  snilling  at  each,  and  then  galhtps  olf  to  the  next.  Those 
•hat  are  awake  adviuice  toward  her,  with  the  evident  purposeof  nursing, 
but  she  repels  them  with  a  snarl  and  jiasses  on.  When  she  liiids  her 
own,  she  fondles  it  a  moment,  turns  ])artly  over  on  her  side  so  as  to 
present  her  iiipiiles,  and  it  ]>roiiii)tly  begins  to  suck.  In  one  instance 
we  saw  a  mother  carry  her  pup  back  a  distance  of  lifteen  meters  (oO 
feet)  before  allowing  it  to  nurse.  It  is  said  that  the  cows  sometimes 
[ccognize  their  young  by  their  cry,  a  s(ut  of  bleat. 

11.  So(»n  after  birth  tlie  piijis  move  away  fioni  tlie  harems  and  hud- 
dle together  in  small  groups,  called  ••  ptids,''  along  the  borders  of  the 
lireediiig  rookeries  and  at  some  distance  IVom  thewatei.  The  small 
uroups  gradually  unite  to  form  larger  groups,  whicli  nio\e  slowly  down 
Id  the  water's  edge.  When  six  or  eight  weeks  old  the  piijis  begin  to  learn 
to  swim.  ]S'ot  only  are  the  young  not  born  tit  sea,  but  if  soon  after 
birth  they  are  waslied  into  the  sea  they  are  drowned. 

12.  The  fur-seal  is  polygamous,  and  the  male  is  at  least  live  times  as 
lirge  as  the  female.  As  a  rule  each  male  serves  about  tilteeiior  twenty 
iciiiales,  but  in  some  eases  as  many  as  fifty  or  more. 

I.">.  Tlie  act  of  copulation  takes  i)lace  on  land,  and  lasts  from  five  to 
li'H  minutes.  Most  of  tlie  (lows  are  served  by  the,  middle  of  .Inly,  or 
scon  after  the  birth  of  their  pups.  They  then  take  the  water,  and 
come  and  go  for  food  while  nursing. 

14.  Many  young  bulls  succeed  in  securing  a  few  cows  beliind  or 
awa\  from  the  breeding  harems,  particularly  late  in  the  season  (after 
tiie  middle  of  July,  at  which  time  the  regular  harems  begni  to  break 
u])).  It  is  almost  certain  that  many,  if  not  most,  of  the  young  cows 
lie  served  for  the  first  time  by  these  young  bulls,  .ithcr  on  the  ha\d 
!ig  grounds  or  along  the  water  tVoiit. 

These  bulls  may  be  distinguished  at  a  glance  from  those  on  tlie  reg- 
ular harems  by  the  circumstance  (hat  they  are  fat  and  in  excellent  coii- 
'litioii,  while  thos«' that  have  tasted  tor  three  months  on  the  breeding 
iiokcries  are  much  emaciated  and  exliausted.  The  young  bulls,  I'veu 
when  they  have  succeeded  in  captming  a  nunib«'r  of  cows,  can  be 
driven  from  their  stands  with  little  ililliculty.  while  fas  is  well  known) 
the  old  bulls  on  the  harems  will  die  in  their  ti  aclvN  rather  than  leave. 

1 ").  The  cows  are  believed  to  take  the  bull  first  when  two  yea.s  old, 
(!i(|  (leli\ei'  their  iii>t  pup  when  tlm'c  y«'ai's  old. 

Ut.  liulls  first  tiikc  stiiud.s  on  Lhe  iKcediu"-  cookeries  when  si\  or  seven 


78 


AROUMENT    OF   THE    UNITED    STATES. 


years  old.    Before  tliis  they  am  not  powerful  enough  to  fight  the  older 
bulls  for  ]i(isitii)iis  on  tlie  hureins. 

17.  Cows,  wIkmi  nursing,  regularly  travel  long  distances  to  feed. 
They  are  frequ(!ntly  lound  100  or  150  miles  from  the  islauds,  and  some- 
times at  greater  distances. 

18.  Tile  food  of  the  far  seal  consists  of  fish,  squids,  crustaceaus,  and 
probably  other  forms  of  marine  life  also.     (8ee  Appendix  E.) 

1!).  Tlio  great  majitrity  of  cows,  pui>s,  and  such  of  the  breeding  bulls 
as  have  not  alrejidy  gone,  leave  tlie  islands  al>out  the  middle  of  Novem- 
ber, the  <late  vai'.viiig  considerably  Vrith  the  season. 

liO.  Part  of  the  nonhnieding  male  seals  (hoUuschickie),  together  with 
a  few  old  bulls,  remain  until  January,  and  in  rare  instances  until  Feb- 
ruary, (U'  even  later. 

I'l.  The  fur-seal  as  a  si)ecies  is  present  at  the  Pribilof  Islands  eight 
or  nine  months  of  the  year,  or  from  two-thirds  to  three  fourths  of  the 
time,  and  in  mild  winters  sometimes  during  the  entire  year.  Tlu^ 
breeding  bulls  arrive  earliest  and  reniain  continuously  on  the  islauds 
about  four  months:  the  breeding  cows  remain  about  six  months,  and 
part  of  the  Tioubreeding  male  seals  about  eight  or  nine  months,  and 
sonu'times  throughout  tlie  entire  year. 

li-J.  During  the  noitliward  migration,  as  has  been  stated,  the  last  of 
the  body  <tr  herd  of  fur-seals  leave  the  Xorth  Pacific  and  enter  Bering 
Sea  in  tlie  latter  ]>art  of -lune.  A  few  scattered  individnals,  however, 
are  seen  daring  the  siuiuiier  at  various  points  along  the  Northwest 
Coast;  thesi'  ar<'  probably  seals  that  were  so  badly  wounded  by  pela- 
gic sealers  that  they  could  not  travel  witii  the  rest  of  the  herd  to  the 
Pribilof  IsIiukIs.  It  has  been  alleged  that  young  fur-seals  have  been 
foiUMl  in  early  summer  on  several  occasions  along  the  coasts  of  British 
(Jolunibia  and  southeastern  Alaska.  While  no  authentic  case  of  the 
kind  has  come  to  our  notice,  it  would  be  expected  from  the  large  num- 
ber ol'  cows  that  are  wounded  each  winter  and  sjning  along  tliese  coasts 
an<l  are  thereby  rendered  unable  to  reach  the  breeding  rookeries  and 
mnst  i)erforc(^  give  birth  to  their  young — perhaps  prematurely — wher- 
ever they  may  be  at  the  time. 

23.  The  reason  .he  northern  fur-seal  inhabits  the  Pribilof  Islands  to 
the  cx(dusion  oi'all  other  islands  and  coasts  is  that  it  here  linds  the 
climatic  and  jdiysital  conditions  necessary  t(»  its  life  wants.  This  spe- 
cies requires  a  uniformly  low  tcmp<M'ature  and  overcast  sky  and  a  foggy 
atmos])heie  to  prt-vent  (he  sun's  rays  from  injuiing  it  during  (he  long 
summer  season  wlien  it  remains  ujion  llie  rookeries.  It  lequires  also 
rocky  beaches  on  which  to  bring  torth  its  young.  No  islands  to  the 
northward  ov  southwaid  of  the  Piibilc!  Jshnids,  with  the  i»ossible  ex- 
ception of  limited  areas  on  the  Aleutian  chain,  are  known  to  possess 
tlie  requisite  combination  of  climate  and  physical  conditicms. 

All  statements  to  I  lie  effect  thai  lur-seals  of  this  s]tecies  formerly 
bred  on  the  coasts  and  ishuids  of  Califoinia  and  ^Mexico  are  erroneous, 
the  seals  remaining  there  belonging  to  widely  different  sjaM-ies. 

In  the  ;^eneral  discussion  of  the  qu<-stion  submitted  to  the  C<mimis- 
Bion  it  will  be  convenient  t-o  consider  tlie  subject  under  three  heads, 
jwnu'ly : 

♦  •ndiiions  of  seal  life  in  the  region  under  consideration  at  the  pres- 
ent rime. 

(!a>(N€s.  tile  <»peration  >f  \vhi(!li  lead  to  existing  conditions. 

Remfdies,  which  if  applied  would  j'csult  in  th<^  restoration  of  seal  life 
to  its  lioriual  state,  ami  u>  itscuutimird  preservati»»u  in  that  state. 


PROPERTY    IN   THK    ALASKAN    SEAL    HERD. 


79 


it  tbo  older 

es  to  feed. 
,  and  soine- 

iceaus,  and 

•) 

L'dinj?  bulls 

of  Novem- 

,'ether  with 
;  until  Feb- 

linids  eijijlit 
iiths  of  tli»! 
year.  The 
tlie  islauds 
loiitlis,  and 
iiouths,  and 

,  ttie  last  of 

liter  Bering 

s,  liowever, 

Northwest 

ed  by  i>e1a- 

Iifid  to  the 

•i  have  been 

;s  of  Britisli 

case  of  the 

large  nuni- 

K'se  coasts 

ccries  and 

ely — wher- 

Isliuuls  to 

i  linds  the 

This  sp'j 

11  id  a  foggy 
g  the  k)ng 
(juires  also 
lids  to  the 
)ossible  ex- 
to  possess 

s. 

cs  formerly 
erroneous, 

•ies, 

ic  Cojiiinis- 
irc'>  heads, 

it  the  pres- 


•f  seal  life 

•Late. 


We  make  no  apology  for  adoi)ting  tliese  statements  of  the  Un  1  ted  States 
(,'orainissionors  in  their  own  language.  The  facts  could  hardly  be  more 
precisely  expressed,  and  it  is  believed  that  every  part  of  the  statement 
will  be  accepted  by  the  Tribunal  as  true.  There  is,  indeed,  but  little  to 
l»e  found  even  in  the  report  of  the  Commissioners  of  Great  Britain  in 
flie  way  of  direct  contradiction.  In  order,  however,  that  the  Arbitrators 
may  be  facilitated  in  the  verilication  of  any  facts  as  to  wluch  they 
may  be  in  doubt,  a  brief  discussioii  of  the  facts  as  to  which  any  ques- 
lion  luis  been  made  in  the  Report  of  the  British  Commissioners  will  be 
found  in  Part  Sixth  of  this  Argument  (pp.  228-313). 

There  are  certain  material  propositions  of  fact  which  are  not  wliolly 
embraced  in  the  above  above  quoted  extract  from  the  Report  of  the  Com- 
missioiKMS  of  the  United  States,  although  tiiey  are  substantially 
contained  therei^a,  which  deserve  formal  and  separate  statemeut. 

First.  In  addition  to  the  climatic  and  physical  conditions  above 
•'numerated  as  necessary  to  render  any  place  suitable  for  a  breeding 
ground  for  the  seals,  exemption  from  hostile  attack  or  molestation 
l»y  man,  or  other  terrestrial  enemies,  should  be  included.  The  defence- 
less condition  of  these  animals  ui)ou  the  land  renders  this  security 
indispensable.  If  no  terrestrial  spot  could  be  found  possessing  the 
favorable  climatic  and  physical  requirements  above  meutiotiv^d,  and 
\vhi(;h  was  not  at  the  same  time  exempt  from  the  unregulated  and  indis- 
criminate hostility  of  man,  the  race  would  speedily  pass  away. 

Second.  The  mere  presence  of  man  upon  the  breeding  places  does  not 
repel  the  seals,  nor  operate  unfavorably  upon  the  work  of  reproduction. 
On  the  contrary,  presence  and  the  protection  which  ho  alone  is 
1  apable  of  atfording,  by  keejiingoft"  marauders,  are  absolutely  necessary 
'o  the  i)reservation  of  the  species  iu  any  considerable  uumbers. 

Third.  If  man  invites  the  seals  to  come  upon  their  chosen  resorts, 

ibstaius  from  slaughtering  them  as  they  arrive,  and  cherishes  the 

ireeding  animals  during  their  sojourn,  they  will  as  confidingly  submit 

hemselves  to  his  jiower  as  domestic  animals  are  wont  to  d(n    It  then 

!»ecomes  entirely  pra(;ticablo  to  select  and  separate  from  the  herd  for 

laughter  such  a  number  of  noTd)reedlng  animals  as  may  be  safely 

t.ikeu  without  uucruaching  upuiL  the  x^ormaneut  stock. 


80 


ARGUMKNT   OF    TWi:    UNITED    STATKS. 


Fourth.  If  tlio  lionl  were  oxeinpt  from  jiiiy  dopiodntion  by  man,  its 
miiiibers  would  reiich  ii  point  of  eiinilibrium  at  \\iii(;li  tlic  deficiency  of 
food,  or  other  permanent  conditions,  would  prevent  a  further  increase. 
At  this  point,  the  animal  bein^"  of  a  poJi/f/nmoufi  nature,  an  annual  draft 
from  nonbreedinjj  males  inij;lit  be  made  by  man  of  100,000 — perliaps 
a.  larj^er  niimlx-r — without  causin^j  any  ai)preciable  i)ermaneut  dimiuu- 
tiou  of  the  herd. 

Fifth.  Omittincr  from  view,  as  boinj?  inconsiderable,  such  killing  of 
seals  as  is  ca'ried  on  by  Indians  in  sunUl  boats  from  the  shore,  there 
are  two  forms  of  capture  at  ])resent  pursued:  Titiit  carried  (tn  under 
tile  authority  of  the  United  States  upon  the  Pribilof  Islands,  and 
that  carried  on  at  sea  by  vessels  with  boats  and  other  appliances. 


Sixth.  The  killinjj  at  the  Pribilof  Islands  if  confined,  as  is  entirely 
practicable,  toa  properly  restricted  nund)er  of  non-brecdinir  males,  and 
if  pelagic  scalinj^j  is  prohibited,  does  not  involve  any  danjijcr  of  the  ex- 
termination of  the  herd,  or  of  appreciable  diminution  in  its  normal 
numbers.  It  is  far  less  expensive  than  any  otlier  mode  of  slaughter, 
and  furnishes  the  skins  to  the  markets  of  the  world  in  the  best  coiuli- 
tion.  The  killing  at  these  islands,  since  the  occupation  by  the  United 
States,  has  been  restricted  in  the  nianner  above  indicated.  It  has  been 
the  constant  endeavor  of  tlie  United  States  to  carefully  cherish  tlie 
seals  and  to  make  no  draft  except  from  the  normal  and  regular  increase 
of  the  herd.  If  there  has  at  anytime  been  any  failure  in  carrying  out 
such  intention,  it  has  been  from  some  failure  to  (jarry  out  instructions, 
or  want  of  knowledge  respecting  the  condition  of  the  herd.  The  United 
States  are  under  the  unopposed  induence  of  the  strongest  motive,  that 
of  self-interest,  to  so  deal  with  the  herd  as  to  maintain  its  numbers  at 
the  highest  possible  point.  Tlie  annual  draft  made  at  the  islands  since 
the  occupation  of  the  United  States  has  been  until  a  recent  period  about 
100,000.  This  draft  would  be  in  no  way  excessive  v;ere  it  the  only  one 
made  upon  the  herd  by  man. 


Seventh.  Pelagic  sealing  has  three  inseparable  incidents: 

(1)  The  killing  can  not  be  confined  to  males;  and  such  are  the  greater 

f;i('ilities  for  taking  females  that  they  conijirise  three-fourths  u^"  the 

whole  catch. 


PROPKUTY    IX    THE    ALASKAN    SEAL    Hl.UD. 


81 


J  man,  its 
iciency  of 
'  increase, 
iiual  draft 
— peril  aps 
it  diuiiuu- 


killinr;:  of 
Lore,  there 
on  mid  or 
ands,  and 
ppliauces. 

is  entirely 
males,  and 
of  tlie  ex- 
its normal 
slaughter, 
est  cnndi- 
lie  United 
t  lias  been 
erish  the 
ir increase 
rying  out 
ructions, 
lu  United 
tive,  that 
umbers  at 
mds  since 
iod  about 
\i  oidy  one 


10  greater 


lis  u. 


the 


(2)  .^Fiiny  si'. lis  are  killed,  or  fatally  wounded,  whii^li  iiic  not  recovered. 
At  least  uiicioiiith  as  iiuiiiy  as  are  recovered  aic  thus  lust. 

(3)  A  large  proportion  of  the  lemalcs  Uilh-il  mc  t'illiiT  heavy  with 
young,  or  have  nursing  pujis  on  the  slioro.  The  evideuco  upon  these! 
points  is  fully  discussed  iu  Appendix. 

Eighth.  Pelagic  sealing  is,  therefore,  by  its  nature,  destructive  of  the 
stock.  It  can  not  be  carried  on  at  all  without  encroaching  liro  <«»^> 
upon  the  normal  numbers  of  the  hei'd,  and,  if  prosecuted  to  any  con- 
siderable extent,  will  lead  to  such  an  extermination  as  will  render  the 
seal  no  longer  a  source  of  utility  to  mau. 

Returning  to  the  main  proposition  hereinbefore  established,  that 
some  legal  and  determinate  owner  nuist  bo  assigned  to  all  tangible 
things  which  are  (1)  objects  of  desire,  and  (2)  limited  in  supply,  jiiid  (."5) 
capable  of  ownership,  the  (luestion  is,  do  the  Alaskan  fur-seals  exhibit 
these  three  essential  conditions  of  property?  Itespuctiug  the  lirst  two, 
no  discussion  is  needed.  That  this  animal  is  in  the  highest  degree 
useful  to  man,  and  an  object  of  eager  human  desire,  is  not  questioned, 
;ind  this  earnest  controversy  is  abundant  proof  of  it.  That  the  supply 
is  limited  and  in  danger  of  being  cut  off  by  the  d<'i)redation3  of  man  is 
agreed  to  by  the  parties.'  Whatever  difference  there  may  be,  must 
and  docs  aris(!  upon  tlie  question  whether  the  animal  is  fiuticeptihle  of 
'iicncrNhip.  iJoubt  and  difference  are  indeed  possible  hei<',  and  the  lirst 
-tep  in  the  effort  to  remove  them  should  be  to  have  a  clear  understand- 
ing of  the  nmaning  of  the  term,  susceptibility  of  ownersh  ij).  The  detinitiou 
which  would  naturally  be  first  given  is  susceptibility  of  api)ropriiition  by 
the  owner  to  his  own  use  to  the  exclusion  of  all  others.  IJut  this  does 
not  render  the  whole  languagi!  entirely  intelligililc.  We  still  need  to 
iaiow  how  it  is  possible  for  man  to  mal;e  this  sort  of  exclusive  a])pro- 
priation  to  himself  What  are  the  acts  which  are  snfliciont  to  constitute 
it?  Must  the  thing,  in  order  to  be  thus  appropriated,  be  actually /« 
iianu,  or  otherwise  physically  attached  to  the  ])eison  of  the  owner,  or 
I'ven  within  his  immediate  reach  and  sight,  so  that  he  can  immedii'.tely 
assert  his  appropriation  and  forbid  all  intrusion  upon  it.' 

it  is  here  that  the  (conception  of  ownership,  as  distinct  from  nuTC 
,».*.s'.s7;.s.n/o«,  comes  into   view,  and,  inasmuch  as  it  has  a  close  bearing 


14749- 


'.luhu  Kcport,  Case  of  tho  United  States,  p.  oOO. 

-a 


82 


Aii(ii:.Mi'.Ni'  oj'  Tin;  l;niied  states. 


iipnii  the  Hiibjo  -t  of  Diir  disci  ^.sioii,  it,  sUduM  I'c.ccivo  ('(»rrn-^ponfIin<x  at- 
toiitiou.  [n  tlio  mile  a,i;'('-;  of  si>,'ii't.v  tliiMc  w.is  but  littU;  oi'Ciisioii  to 
i.i.ssert  II  rij,'lit  of  pi-o[)iMty  bcyoml  tho  I'c-w  iiecessary  tliiiiys  wlii<;li  life 
i('Hiiirc(l,  iiiul  thoso  were  mostly  held  in  imiiuMliiito  possession,  which 
cnidd  1)0  dcl('ii(U'd  by  iiidividu;il  power.  Clothing'  was  (ipon  the  ])er- 
sou,  and  the  weiipoiis  for  the  chas(>,  and  tlio  few  a;;,  iciiltiiial  iiuple- 
nieiits  were  within  inunediato  reach.  The  stock  of  cattle  and  any 
surplus  stores  of  food  were  the  propertyof  the  eoainuinity  or  tribe.  But, 
upon  the  ehau>je  to  private  property,  individuals,  in  pursuance  of  nat- 
ural desires,  would  seek  to  provide  themselves  with  increased  abun- 
dance of  cattle  and  aj^ricultnral  products  as  stores  for  the  future.  In 
this  and  manifold  other  ways  there  arose  a  need  for  protection  to  these 
accunndations  when  beyond  the  immediate  possession  of  the  producer. 
If  they  were  taken  by  another,  the  attempt  would  be  made  to  regain 
them  by  force;  and  the  dis[)osition  to  produce  and  save  would  be  dis- 
couraijed  by  the  difliculty  and  danger.  The  same  necessities  out  of 
which  property  arose,  namely,  the  peace  and  order  of  society  and  its 
advancement,  forced  a  des'clopment  in  the  conception,  and  gave  birth 
to  the  idea  of  ownenihii)  as  distinct  from  and  independent  of  actual 
posseasioH.  Society  came  to  the  aid  of  individual  power,  and  under- 
took to  guaranty  to  the  individual  the  peaceful  enjoyment  of  what  ho 
had  produced  by  stamping  upon  it  his  i)crsonality. 

Wo  thus  perceive  that  the  idea  of  owmrshii)  as  distinct  from  posscS' 
sion  is  not  an  original  eoncei)tion.  It  is  the  product  of  an  evolution  in 
thouglit,  which  has  accompanied  the  progress  of  man.  An  able  Eng- 
lish writer,  in  the  course  of  an  interestiuj;  ketcli  of  the  successive 
stages  of  this  development  observes: 

The  fact  or  institution  of  ownership  is  such  an  indispensable  condi- 
tion to  any  material  or  social  progress  that,  even  throughout  the 
])eriod  during  which  the  attention  of  law  is  concentrated  upon  family 
and  village  ownership,  the  ownership  on  the  part  of  individual  persons, 
of  those  things  which  are  needed  for  the  sustenance  of  physical  life, 
becomes  increa^^ingly  recognized  as  a  ])ossibility  or  necessity.  One  of 
the  most  inqxtrtant  ste])s  out  of  savagery  into  civilization  is  marked 
by  the  fact  that  the  security  of  tenure  depends  upon  some  further  con- 
dition than  the  mere  circumstance  of  possession. 

The  use  of  tlui  i)rodu(;ts  of  the  earth,  and  still  moi'e,  the  manufac- 
ture of  them  into  novel  substances,  consists,  gentu'ally,  of  cimtiiuious 
processes  extending  over  a  length  of  time  during  whicli  the  watchful 
attention  of  the  worker  can  oidy  be  intermittently  tixed  upon  all  the 
several  i)oints  and  stages.  The  methods  of  agri(;ulture  and  grazing, 
as  well  as  the  simplest  applications  of  the  ])rim'ii)le  of  division  of  labor, 
similarly  jjresupposc  the  repeated  absence  of  the  I'armer  or  mechanic 
ti'om  one  piu't  of  his  work,  while  he  is  bestowing  uudistracted  toil  upon 


uliiifT  at- 
i;asi(iii  to 
rhidi  litb 
III,  which 
the  por- 
iil  iiiiple- 
aiid  any 
jc.     But, 
•e  of  iiat- 
0(1  abim- 
tiuo.    In 
1  to  tlieso 
pr()(lu(;er. 
to  regain 
Id  be  dis- 
cs out  of 
y  and  its 
ivo  birth 
of  actual 
lid  under- 
f  what  ho 

ra  2^osscs- 
olutiou  in 
ible  Eng- 
lUccessive 


ble  condi- 
bout  the 
)n  taniily 

1  IHU'SOIIS, 

sical  life, 

One  of 

s  mai  ked 

ther  cou- 

manufac- 
jutinuous 

\vatt;hful 
)n  all  the 
j^razing, 
1  of  labor, 

MiiTli;nii<; 

toil  upon 


PltOPEUTY    IN'   TIIH   ALASKAN   SEAL   HERD. 


83 


another  part;  or  else  entire  ai)sorptioM  in  one  class  of  work,  conpled 
with  a  steady  riiliaiice  tliat  anotlier  class  of  work,  of  ('(|ii;il  iinportaiieo 
to  hiniself,  is  the  obj(!ct  of  corr('sj»()iidiM<jf  excilion  on  the  part  of  others. 
In  all  these  cases  the  mere  fact  of  jdiysical  holdiiijic  *>i'  pon.sts.sion,  ia 
the  narrowest  scuise.,  is  no  test  whatever  of  the  interests  or  claims  of 
[tcrsons  in  the  thiuys  by  which  they  aie  surrounded.' 

'Tho  Soienoo  of  tlie  Lfiw,  by  Slioldoii  Amos,  r.oiiil.,  1H81,  pp.  MS,  et  neq.  A  dis- 
tiiijjuished  Eroiich  jiiri.st  tlins  tracoa  the  duvolopiuout  of  tlio  couceptiou  {>[ ownership 
an  distiuct  from  pu.s.si;.SHiou: 

"Skc.  frl.  If  the  laws  attached  to  ijrojierty  and  those  which  are  derived  from  it  are 
now  very  extensive  it  was  not  tliiis  orij^inally.  Property  was  eoufoiindcd  with  [tos- 
M'ssion  and  it  was  lost  witli  it. 

"  lielore  tho  foundation  of  tlie  civil  stiitotlie  oarth  wasnoone's;  tho  fruits  lit'lonj;ed 
to  tho  first  occupant.  The  mun  that  were  distributed  over  tho  j;lobo  lived  in  a  state 
wliich  the  writ(!rs  who  have  written  ou  natural  law  have  termed  nej^ative  eom- 
niunity,  iu  distinction  t'roui  positive  couiuiunity,  in  wlii.'h  several  associates  ludd  iu 
conimou  ownersiiiii  an  iudivisilile  thin;j  bclon^^iiif;  to  each  in  a  certain  portion. 

"Neffative  community,  on  the  contrary,  consisted  in  that  tho  thin^  eouiuion  to  all 
did  not  belontj  more  to  each  one  of  them  iu  j)articular  than  to  tho  other,  and  in  that 
no  one  could  prevent  another  from  taking  that  which  ho  considered  ])roper  to  make 
use  of  in  his  needs. 

"This  doctrinal  expression  of  negative  coniuiunity  Higuifios  nothing  else  but  tho 
luiniitive  and  deteruiinate  riglit  (droit)  that  all  men  had  originally  to  make  use  of 
the  goods  which  their  earth  oifered,  as  long  as  no  one  had  yet  takou  possession  of 
tlieni. 

".Si:c.  65.  It  is  this  which  is  termed  tho  rightof  the  first  occupant.  He  who  first 
jiossesscs  himself  of  a  thing  acquires  over  it  a  kiud  of  transient  ownership,  or,  to 
Kpeak  more  exactly,  a  right  of  ])roterenco  which  others  should  respect.  They  sliould 
leave  that  thing  to  liini  while  lie  possesses  it;  but,  after  ho  had  ceased  to  make  use  of 
it  (U"  to  occupy  it,  another  iu  his  turn  might  make  use  of  it  or  occupy  it. 

"  If  the  older  possessor  had  invoked  his  ]iast  possession  as  a  right  of  j>reference  still 
existing,  tho  younger  could  be  able  to  answer  by  his  j)reseut  possession;  and  when, 
(iirtherniore,  rights  are  equal  on  both  sides,  it  is  Just  and  natural  that  tho  actual 
possessor  should  be  preferred;  for  to  take  possession  away  from  him  there  should  be 
a  stronger  right  than  his  own. 

"Thus  the  right  of  occui)ation  is  a  title  of  legitimate  preference  founded  on  nature. 

"  Si:c.  66.  The  existeuco  of  this  primitive  state  of  negative  conuuunity  is  incoutest- 
ible;  proofs  of  the  same  are  found  iu  Genesis,  tho  most  ancient  of  all  books,  aud  the 
most  venerable  even  when  considering  it  only  from  an  historical  poiut  of  view.*  'i'he 
jMiets,  in  their  |)i(turing  of  the  Golden  Age,  have  left  us  ornamented  works,  but  in- 
accurate ones.  Theaucieut  historians  have  transmitted  tons  tradition;  ami,  finally, 
examples  thereof  were  found  again  in  the  habits  of  tho  savage  tribes  of  America 
when  that  continent  was  discovered. 

"Sec.  67.  Thus,  following  a  comparison  of  Cicero,  the  world  was  like  a  vast  theater 
iji^longiug  to  the  publico,  and  of  which  each  seat  became  tho  ])roperty  of  the  tirst  oo- 
'iipaut  as  long  as  it  suited  him  to  remain  Wteroin,  but  which  ho  could  uot  prevent 
"Hither  from  occupying  after  ho  had  left  it. 

"Sec.  68.  Hut  how  could  this  preference  acquired  by  occupation  have  become  a  sta- 
I'le  aud  permanent  owuershi]),  that  would  (•outinue  to  subsist  aud  could  be  reclaimed 
liter  the  first  occnjiant  had  ceased  to  bo  iu  imssession? 

"It  was  agriculture  that  gave  birth  to  the  idea  of  and  made  felt  its  necessity  for 
I'l'iuiaueut  'projierty.     In  measure  as  tho  number  of  men  increased,  it  becaum  more 

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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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84 


AKGUMKNT   OF    TIIK    IJMTKD    STATES. 


The  ranfje  of  thou^'ht  by  which  the  ii;,'hts  of  owiiersliip  are  limited 
to  a  clear  pliyslcal  possession  is  cljaiiu-teiistic  of  tiie  barbaric  aj^e.  Tiie 
first  advances  beyoud  it  are  promoted  and  accomj)uiiied  by  the  bcijiii- 
iiings  of  the  conception  of  ownership  as  distinct  from  possession,  and 
the  full  development  of  that  conception  is  the  condition  and  accompa- 
niment of  the  advanced  stages  of  civilization.  Its  hnul  expression  is 
in  the  main  proposition  which  stands  at  the  basis  of  our  argument, 
and  was  laid  down  at  the  beginning,  namely,  that  every  useful  thing 
the  supply  of  which  is  limited  should  be  the  i>roi>crty  of  a  determinate 
owner,  provided  it  is  susceptible  of  exclusive  apjtropriation.  With 
those  things  which  are  capable  of  actual  possession  at  all  times  there 
is  no  difliculty.  The  right  of  property  once  established  by  possession 
continues,  but  in  the  case  of  those  things  not  thus  ca])able  the  law 


ilKTlcult  to  find  new  iininlial)ito(l  lands;  iind  on  tho  f>tlior  liaTid  continnod  habitation 
of  tli«  siinic  pliieo  enj^omlcriul  a  too  rapid  consuiii|)ti<ni  of  tho  natnral  frnits  ol"  tho 
eartli  for  tlu'in  to  siillicu)  for  tho  sulisisteiHM!  of  all  tiio  inlial>itant.s  and  of  tlioir  flockB. 
without  fhan.uin^^  locality,  or  without  providing  thurefor  by  cnltivatiou  iu  a  cou- 
Btant  and  rcjjiilar  •Manner. 

"Thus  ajjricultnro  was  the  natural  result  of  the  infreaso  of  tho  human  spccios; 
agriculture^  in  turn  favortid  po]iiilation,  and  rendered  necessary  the  ostaldislinient  of 
permanent  property.  For  who  would  give  liinmolf  the  trouble  to  labor  and  to  8osv, 
if  he  had  not  the  certainty  of  reaping f 

"The  tit^ld  that  I  have  cleared  and  sown  should  belong  to  me  at  least  nntil  I  have 
gathered  tin;  fruits  tiiat  my  labor  has  i)roduced.  1  ha\e  the  right  to  emjiloy  forceto 
repulse  the  unjust  ]>erHO?i  who  would  wish  to  dispossess  nie  ol'  it  and  to  drive  away 
him  who  should  have  seized  it  dnring  my  a))aence.  1  am  regarded  as  coni inning  to 
occnity  the  field  I'rom  the  first  tilth  to  the  harvest,  thougii.  iu  tlie  inti^'val,  I  do  not 
perform  each  moment  exterior  acts  of  occupation  or  of  possession,  because  one  can- 
not suppose  that  I  have  cleared,  cultivated,  and  sown  without  intention  to  reap. 

".SK('.  (>!).  This  habitual  occujiation.  which  results  from  cull  i  vat  ion,  preserves  there- 
fon^  the  right  of]ireferenco  which  I  had  acquired  by  lirstoccu])ation.  Itisthishabitual 
oecniiation  which  civil  law  (le  droit  ciril)  extended  and  applied  as  a  means  of  pre- 
serving iiossessioii,  in  establishing  as  a  maxim  that  possession  is  ])re8crved  by  sole 
intention,  iiudo  animo. 

"(Cultivation  forms  a  stronger  and  more  lasting  tie  than  single  occupation;  it  gives 
a  perfect  right  to  the  harvest.  Ibit  how  maintain  a  right  (droit)  other  than  by 
doubtful  contest  btdbre  the  foundation  of  the  civil  state? 

"  Skc.  70.  Moreover  tho  right  which  cultivation  gives  and  the  ofTocts  of  occupation 
which  are  derived  therefrom  cease  with  tho  harvest  if  there  are  jn>  new  acts  of  cul- 
tivation; for  nothing  would  furtlu^r  Indicate  au  intention  to  occupy.  The  Held 
which  would  ceaso  to  be  cultivated  would  again  became  vacant  and  subject  to  tho 
right  of  the  first  occupant. 

"Agriculture  alone,  thorefore,  wasnot  sufTlcient  to  establish  permanent  property; 
and  since  as  before  the  invention  and  tho  usage  of  agriculture,  juoperty  was  acqtiired 
by  occui)ation.  was  preserved  by  continued  or  habitual  possession,  at\d  was  lost  with 
possession,  'f  his  iirinciple  is  still  lollowed  in  regard  to  things  which  have  remained 
iu  the  primitive  .state  or  negative  community,  such  as  savage  animals 

"biiO.  71.  Iu  order  to  jjive  to  property  a  uaturo  of  stability  which  wo  obuorved  in 


rnOPEHTV    TN    TTIF.    AF-ASKAX    SF.AL    HERD. 


85 


I  limited 
^e.    Tlie 
le  bi'tiiii- 
lion  J  ill  id 
iccoinpa- 
essioii  is 
rguiiiont, 
lul  tiling 
crmiiuito 
I.     Witli 
nes  theio 
ossc'ssiou 
I  the  law 

li;il>itatioii 
riiits  ol"  tlio 
lioir  flocks. 
I  iu  a  con- 

laii  Hi)ci'i('s; 
ilisliincnt  of 
iiul  to  sow, 

iiitil  I  liavo 
>l(iy  I'ort'eto 
drive  iiway 
III  iiiiiiii;;  to 
a1,  I  do  uot 
Hc  OHO  can- 
to rt'iip. 
■rvcs  tlicrt'- 
lislialtitual 
laiis  of  |irc- 
k-ed  by  solo 

1)11 ;  it  gives 
er  than  l>y 

occupation 
acts  of  ciil- 
The  field 
bject  to  the 

it  propt'ity ; 
us  nc(iuiri'<l 
as  lost  witli 
a)  rt'iiiaiiu'd 

obsorvod  in 


(lii's  )iot  lend  its  ;ii<!  ti»  iciiidiicc  tlic  iiriiM'iU'ct  possession  unless  the 
{jreat  i)uri)()ses  .»f  jiunian  society  refjuire  it. 

Tliat  it  will  lend  its  aid  to  tl.e  utmost  extent  wlieu  nceessary  in  order 
to  attain  its  own  jjreat  purposes  is  made  manifest  by  the  tendency  of 
the  advancinj?  civilizati(m  of  tlie  ]>resent  aj;e  to  award  a  rijjfht  of  prop- 
erty in  tlie  i)roducts  of  the  mind,  wliich  are  wholly  intanjjible  and  not 
tlie  subject  of  possession  in  any  form,  and  to  extend  the  rijjht,  not  only 
by  municipal  law  throujjhout  the  territories  of  particular  states,  but 
beyond  their  boundaries  by  the  means  of  an  international  reco;;nition. 
This  right,  fully  defended  by  natural  law,  and  lonjf  <>stal)lished  in  re- 
spect of  useful  inventions  in  the  arts,  has  been  for  years  pressin*;  for 
recojjnition  in  respe(!t  to  all  the  products  of  the  mind  and  throughout 
the  world.  Its  inherent  moral  force  has  secured  a  certain  measure  of 
obedience  without  the  aid  which  is  furnished  by  judicial  tribunals,  and 

it  to-day,  positivo  laws  and  mafjistrates  to  execute  thorn  were  necessary;  in  other 
words,  the  civil  state  was  reciuired. 

"Tlie  increase  of  the  liunian  species  had  rendered  njiriculfnre  necessary;  the  need 
no  assure  to  the  cultivator  the  fruits  of  his  labor  made  felt  the  necessity  of  pernia- 
ti'iit  ])roperty  and  of  laws  to  jirotect  them.  Tliiis,  it  is  to  jirojierly  that  we  owe  the 
Inundation  of  the  civil  state.  Without  the  tie  of  property  it  would  never  have  been 
possible  to  subject  man  to  the  salutary  yohc  of  the  law;  and  without  permanent 
]ir(iperty  the  earth  would  have  eoutiiiiied  to  remain  a  vast  forest. 

"  Let  us  say,  therefore,  with  the  mo/*t  exa<t  writers,  that  if  transient  ownership 
or  the  right  of  preference  with  occupation  <rive><,  is  anterior  to  the  foundation  of 
civil  society,  permanent  ownersliip,  iis  we  Uiidw  it  to-day,  is  the  work  of  civil  law. 

It  is  ei'vil  law  wiiiidi  Ii;is  rstalilished  as  a  maxim  that  once  acquired  property  is 
never  lost  without  the  act  of  the  owner,  and  that  it  is  preserved  oven  after  tho 
"wiicr  has  lost  possession  or  detention  of  the  thing,  and  when  it  is  in  the  hands  of 
a  tliird  party. 

Tlius  property  and  possession,  which  in  theprimitive  state  were  confounded,  bo- 
•  aiiie  by  tho  civil  law  two  distinct  and  indepcmlent  things;  two  things  which, 
nciording  to  the  language  of  the  laws,  have  nothing  in  couiinon  between  them. 
i'rnperty  Is  a  right,  a  legal  nftribiite;  possession  is  a  fact. 

It  is  seen  by  this  what  profliuious  changes  have  been  wrought  in  property,  and 
Iiiiw  much  civil  laws  have  changeil  its  nature. 

Skc.  72.  This  change  was  eilected  by  means  of  real  action  that  the  laws  granted 
iigaiMst  the  possessor  whoever  he  might  be,  to  com]iel  him  to  surrender  the  Cning 
to  the  owner  who  had  lost  ^lossession  tliereof.  'I'liis  action  was  granted  to  the  owner 
not  alone  against  the  jioHsessor  in  bad  faith,  but  also  against  the  jiosscssor  in  good 
l':iitli,  to  whom  the  thing  had  come  witlioiit  fraud  or  without  violence,  witlioiit  his 
li'  iitg  cognizant  of  tho  owner's  rights,  and  even  though  he  had  acquired  it  from  a 
lliird  jiarty  by  virtue  of  a  legal  title. 

Skc.  73.  I'rojierty  was,  therefore,  considered  a  moral  quality  inherent  in  the  thing, 
I"  a  real  tie  which  binds  it  to  the  owner,  and  which  can  not  be  severed  without  an 
1' t  of  his. 

This  right  of  reclaiming  a  thing  in  wlialcver  luinds  it  is  found  is  that  which  forms 

''•  principal  and  distinctive  characteristic  of  property  iu  the  civil  state.  (Toullie" 
1  reuch  Civil  Law,  Paris,  1842,  5th  ed.,  vol.  3,  tit.  2,  ch.  1.) 


86 


ARGUMENT    OF    THE    UN  IT  K  I)    STATES. 


its  coinplcto  estiil)lisliinont  by  the  iiistrnmouliility  of  formal  inter- 
nation.al  co[)yi-i{;flit  laws  is  iini)atieiitly  awaited. 

These  considerations  lead  up  to  the  particular  problem  upon  which 
we  are  engaged,  namely,  what  is  capahiUty  of  ownership,  that  is  to  say, 
under  what  circumstances,  and  to  what  extent,  will  and  does  society 
step  in  and  aid  the  infirmity  of  individttal  power  by  stamping  the  char- 
acter of  ownership  upon  things  which  are  out  of  the  actual  j)ossession 
and  away  from  the  presence  of  the  owner  T  The  general  answer  is  ob- 
vious; it  will  do  this  whenever  social  necessities  require,  and  to  the 
extent  to  which  they  require  it.  And  this  answer  is  best  justified  by 
pointing  out  what  society,  througli  the  instrumentality  of  the  law,  uni- 
versally does.    We  may  first  look  to  the  instance  of  land. 

In  respect  to  the  earth  itself,  society  will  recognize  no  title  which  is 
not  directly,  or  indirectly,  acquired  from  itself.  Iso  man  is  permitted  to 
assert  in  respect  to  uninhabited  countries,  or  countries  inhabited  only 
by  savages,  a  private  title.  But  nations  may  assert  a  title  thereto,  al- 
though there  is  a  limit  to  such  assertion.  No  nation  can  assert  an 
ownership  over  such  lands  to  an  extent  greater  than  it  can  reasonably 
occupy  and  improve.  The  limit  is  found  in  that  principle  of  the  law  of 
nature  which  declares  that  the  earth  was  made  for  mankind,  and  in 
order  to  enable  the  human  race  to  carry  out  its  destiny,  and  that  to 
this  end  civilized  nations  may  supplant  barbarous  ones;  but  that  every 
nation  in  thus  approi)riating  to  itself  the  waste  places  of  the  earth, 
must  not  take  from  others  what  it  can  not  itself  improve  and  apply  to 
the  great  destiny  for  which  in  the  order  of  nature  it  has  been  given. 

In  respect  to  individual  ownership  of  lands,  the  state  will  recognize 
and  maintain  private  titles  to  such  lands  as  it  chooses  to  give.  Some, 
times,  as  we  have  already  shown,  in  early  and  rude  social  conditions, 
it  prefers  to  give  notliing,  but  to  retain  the  ownership  in  itself.  In 
general,  however,  civilized  societies  permit  and  encourage  the  acquisi- 
tion of  lands  by  individuals  and  place  no  limits  upon  the  extent  of  ac- 
quisition. Society  acts  upon  the  assumption,  for  th«  most  part  undoubt- 
edly correct,  that  under  individual  owncrshij;  its  territories  will  bo  l)est 
improved  and  turned  to  the  ])urposes  inte  tided  by  nature.  That  the 
underlying  motive  upon  which  society  acts  is  the  intention  that  the 
soil  should  be  devoted  to  those  purposes  to  which  the  law  of  nature 
dictates  that  it  should  be  applied,  is  well  manifested  by  the  circum- 
stance that,  where  the  action  of  the  private  proprietors  tends  to  count- 
eract this  policy,  tlie  state  is  often  moved  to  revoke  its  gifts,  and  make 


PROPERTY  IX  Tin:  ALASKAN  SF.AL  IIKIU). 


87 


a  new  disposition  of  its  lands  in  harmony  with  natural  law.  This 
tendency  is  observable  where  great  proprietors  reserve  larjje  tracts  of 
land  for  jjame  preserves,  for  the  ])urposea  of  more  pleasure,  or  hold 
them  under  a  system  of  rental  unfavorable  to  ajrricultural  improvement, 
and  not  adapted  t«  sui)ply  the  wants  of  an  increasing  population.  The 
recent  legislation  of  Great  Britain  in  respect  to  Ireland  is  a  notable 
instance  of  an  assertion  by  the  State  of  that  supreme  dominion  over  its 
lands  which  a  nation  always  retains,  to  the  eiul  that  they  maybe  made 
the  more  subservientto  tjje  purposes  for  which  the  earth  was  destined. 

From  what  has  just  been  lid  it  is  apparent  that  land,  although  no 
individual  can  actually  appropriate  more  than  a  very  small  area  to  his 
exclusive  use,  is  nevertheless  regaided  in  the  law  as  avKcejttihh  of  ex- 
clusive appropriation.  The  state  permits  its  citizens  to  assert  title  to 
it  to  an  uidimited  extent,  and  the  assertion  may  be  made  without  even 
any  formal  physu!al  act  of  possession.  No  fences  or  inclosurcs  even 
are  necessary.  The  execution  of  an  instrument  in  writing  is  of  itself 
sufiicient.  The  law  steps  in  to  aid  individual  ])ower  and  enables  a 
private  person  to  hold  title  to  a  province  as  securely  as  ho  holds  the 
harvests  he  reaps  from  his  fields  with  Ids  own  hands. 

And  the  reason  is  immediately  obvious.  It  is  only  by  the  award  of 
property  that  the  earth  will  be  cnUivatctJ.  No  man  will  sow  that  another 
may  reap;  but  if  the  law  will  lend  its  aid  to  human  power  by  protect- 
ing the  owner  of  land  in  his  exclusive  enjoyment  of  it,  he  can  and  will 
draw  from  it  by  his  art  tand  industry  its  annual  product  without  im- 
pairing its  capacity  for  production,  and  will  even  increase  that  capacity. 
This  is  the  only  way  in  which  an  incneased  population  can  bo  sup- 
l)orted.  Social  necessity,  therefore,  requires  that  land  should  be  deemed 
susceptible  of  exclusive  appropriation,  and  all  structures  affixed  to  tlio 
land  become  a  part  of  it  and  are  property  together  with  it. 

In  respect  to  such  movable  things  as  are  tiie  fiuits  of  the  land  or  the 
prodm^ts  of  industry,  there  is  no  limit  to  the  assertion  of  ownership, 
and  the  circumstance  of  actual  possession  is  absolutely  immaterial.  The 
fruits  of  the  cultivation  of  the  earth  must,  of  course,  be  the  property  of 
the  husbandman,  else  his  title  to  the  soil  would  be  uiuivailing,  and, 
in  respect  to  all  other  i)roducts  of  industry,  the  same  soiiial  necessity 
])rotccts  tlum  as  property.  But  for  such  protection  they  would  not  bo 
produced,  except  for  the  personal  use  of  the  workman.  The  various 
arts  may  bo  said  to  bo  subsidiary  to  the  better  cultivation  of  the  earth, 
for  it  is  these  which  enable  the  cultivators  to  dovoto  their  oxclusivo 
attention  to  it. 


88 


AUGIMKNT    OK    TIIK    UXITFJ)    STATES. 


All  tlifi  vsrfid  domestic  animals  iire  licld  to  be  tlio  snbjoots  of  oxcln- 
sivp  apin'opriation,  however  widely  tliey  iiiiiy  wander  from  tlieir  mas- 
ters. A  man  may  assert  his  title  to  vast  herds,  which  roam  over  bound- 
less wastes,  and  which  hv,  may  not  even  see  for  months  in  succession,  as 
easily  as  to  the  cattle  whi('h  are  nightly  driven  to  his  home.  ITe  has 
no  projier  posficssion  of  them  other  than  that  which  the  law  supjdies  by 
the  title  which  it  stamj)s  ujmn  them.  And  the  obvious  reason  is  that 
from  tlieir  nature  and  habits  lie  has  such  a  control  over  them  as  enables 
him,  if  tlie  law  will  lend  him  its  aid,  to  breed  them,  in  other  words,  to 
cultivate  them,  and  furnish  the  annual  increase  for  the  supjdy  of  human 
wants,  and  at  the  same  time  to  preserve  the  stock.  In  no  other  way 
could  this  be  accomplished.  Without  the  protection  afforded  by  the 
safcftuaid  of  property  the  race  of  domestic  animals  would  not  have 
exist<'d. 

In  the  case  of  animals  in  every  respect  wild  and  yet  'useful,  such  as 
sea  fishes,  Avild  ducks,  and  most  other  species  of  game,  we  find  ditl'er- 
ent  conditions.  Ilere  man  has  no  (!ontrol  over  the  animals.  They  do 
not,  in  consequi'uce  of  their  nature  and  habits,  regularly  subject  them- 
selves to  his  power.  He  cannot  determine,  in  any  case,  what  the 
annual  increase  is.  He  cannot  separate  the  superfluous  increase  from 
the  breeding  stock,  and  confine  his  drafts  to  the  former,  leaving  the 
latter  untouched.  Vov  the  most  part  these  animals  are  not  poh/gamous, 
but  mate  with  each  other,  and  no  part  of  their  numbers  are  superfluous 
rather  than  another.  All  drafts  made  upon  them  are  equally  destruc- 
tive; for  all  must  be  taken  from  breeding  animals.  No  selections  for 
slaughter  can  be  made.  In  short,  man  can  not,  by  the  practice  of  art 
and  industry,  breed  them.  They  can  not  be  made  the  subjects  of  7i«s- 
bandry.  And  .vet  man  must  be  permitted  to  take  them  for  use,  or  be 
wholly  deprived  of  any  benefit  from  tiiem.  No  award  of  a  property 
interest  in  them  to  any  man  or  set  of  men  w(mld  have  any  effect  in  en- 
abling the  annual  increase  to  be  applied  to  satisfy  human  wants  and 
at  the  same  time  to  preserve  the  stock.  Tiie  law  could  not  give  to  in- 
dividual men  that  control  over  them  which  tlieir  natme  and  habits 
deny;  and  the  law  never  makes  the  attempt.  The  fish  of  the  sea  and 
most  of  the  fowls  of  the  nir  are,  and  must  forever  remain,  in  every 
sense  wild.    They  are  not,  therefore,  the  subjects  of  property. 

And  here  nature,  as  if  conscious  of  the  inability  of  man  to  furnish 
that  protecti«m  to  these  wild  races  against  destructive  pursuit  which 
the  institution  of  property  all'oids  in  the  case  of  domestic  animals,  her- 


PROPF.KTY    IN    I  in;    ALASKAN    SEAL    HERD. 


89 


soir  iiiiikos  ])n)visi(>n  tor  tlic  purpose.  In  limifiiif;  witliiii  uairow bounds 
his  control  over  tlicin,  she  conespoiHliiiyly  limits  liis  power  of'destriio- 
tioii.  kSh^,  confers  upon  these  races  the  means  of  eludiiij;'  capture. 
And,  besides  this,  in  the  case  of  wihl  aninuils  most  hir};»>]y  useful,  she 
makes  destruction  practically  imi)ossible  by  furnishinj;  a  prodigious 
sni)ply.  The  great  families  of  useful  fishes  are  pra<'tically  inexhaust- 
ible. This  is,  however,  much  less  so  in  some  cases  than  in  others.  In  re- 
spect of  many  species  of  fishes,  game  birds,  and  other  animals,  the 
human  pursuit  is  so  eager  as  to  endanger  the  existence  of  the  species; 
and  in  such  instances,  society,  unable  by  the  award  of  a  property  in- 
terest to  arrest  the  destruction,  resorts  to  the  most  eflectivo  devices 
which  arc  in  its  power  to  secure  that  end.  It  confines  and  limits  the 
destruction  to  certain  seasons  and  i)laces  by  positive  enactments  of 
which  game  laws  are  the  type. 

We  now  come  to  those  animals  which  lie  near  the  vague  and  indefi- 
nite boundary  which  separates  the  xcild  from  the  <a)we,to  animals  which 
exhibit  some  of  the  qualities  of  each  class;  and  wo  shall  instance  those 
already  made  the  subjecit  of  discussiim  when  confining  our  inquiry  to 
the  settled  doctrines  of  the  municii)al  law.  Tliese  instances  were  those 
of  hec8,  deer,  piffcons^xcild  g>^e,  and  sicana.  All  these,  it  will  be  ro- 
membeied,  aie  reg.irded  in  that  law  as  sulijects  of  property  so  long 
as  they  possess  the  animmn  revcrtendi,  exidvin'cd  by  their  usual  habit 
of  returning  to  a  particular  place.  These  animals  differ  widely  from 
each  other  in  their  nature;  but  they  have  certain  characteristics  whieii 
are  common  to  all.  Each  of  them,  habitually  and  voluntarily,  so  far 
subjects  itself  to  the  control  of  man  as  to  enable  him,  by  the  practice 
of  art  .and  industry,  to  take  the  annual  increase  for  the  supi)l3'  of  hiunan 
wants  without  diminishing  the  stock;  in  other  words,  to  breal  tlicm,  and 
to  make  them  the  subject  ofhushandrt/  ;  .and, in  the  case  of  each, unless 
;i  property  interest  were  awarded  by  the  law,  that  is  to  say,  unless  the 
law  came  to  the  aid  of  human  infirmity,  and  declared  tliein  to  be  .s».s'- 
crptible  o/o<r«ers//ij),  notwithstanding  the  want  of  actual  i)ossession, 
iliey  would  cease  to  exist  and  be  lost  to  the  world. 

Tlie  case  of  bees  is  an  instructive  illustration.  They  are  by  nature 
M  ild.  They  can  not  be  taine«l  so  as  to  be  made  obedient  to  man.  They 
move  freely  through  the  air  and  gather  their  honey  from  flowers  in  all 
l>l:ifes.  Uut  they  have  an  instinct  which  moves  tl  em  to  adopt  a  suit- 
:il)le  place  for  a  home,  and  man  may  avail  himself  of  this  to  induce  them 
to  take  up  their  abode  upon  his  property,  where  he  can  protect  them 


90 


AROT'MENT   OF   T[IK    UNITED    STATES. 


1  loiii  otlu^r  oncniios  and  take  from  tlicin  a  part  of  their  aocnrnnlatcd 
stores.  Ilo  is  thus  also  enabled  to  capture  the  new  swarms  which  are 
produced,  by  following  them  as  they  t&ke  their  fli},dit.  In  this  way  tlio 
art  and  industry  of  man  may  increase  the  stock  of  bees  and  the  useful 
food  which  they  supply.  The  municipal  laws  of  all  nations  therefore 
declare  that  bees  thus  dealt  with  are  property.  Any  one  who  destroys 
them,  even  when  awjiy  from  the  Ijind  of  the  owner,  commits  a  wrong 
for  which  the  laws  will  aiford  full  redress;  and  the  right  of  property 
remiiins  even  in  respect  to  a  swarm  which  takes  its  flight  beyond  the 
boundaries  of  the  owner,  so  long  as  he  can  identify  and  pursue  it.  It 
would  be  manifestly  impossible  to  protect  that  right  any  further. 
There  is  no  change  oflectcd  in  the  nature  of  the  bees  by  this  action  of 
man.  They  are  as  wild  as  their  lellows  which  have  their  homes  in  the 
f(m'st.  Man  siin])ly  avails  himself  of  their  natural  instinct  to  accept  a 
suitable  place  for  their  home  and  storehouse. 

A  similar  instinct  is  possessed  by  |)r<7con«  which  leads  them  and  their 
oflspring  to  take  up  their  abodes  in  places  prepared  for  them  by  man. 
They  may  be  first  wonted  to  it  by  confinement,  or  attracted  by  feeding; 
but  when  they  have  adopted  it,  if  protected  against  enemies  and  cher- 
ished with  care,  their  number  may  be  greatly  multii)lied,  and  by  Judi- 
cious drafts  uix*n  the  increase  a  delicate  food  may  be  procured  in  con- 
siderable quantities.  There  is  in  the  case  of  these  animals  a  diHiculty 
in  securing  to  individual  owners  all  the  remedial  rights  which  protect 
property  arising  out  of  the  tendency  of  flocks  to  commingle,  and  the 
impossibility  of  identification.  But,  in  spite  of  this,  in  the  opinion  of 
many  jurists,  they  are  to  be  deemed  property.  The  obvious  ground  is 
the  social  benefit  which  may  be  secured  by  ottering  to  this  art  and 
industry  its  natural  reward,  and  thus  encourage  the  practice  of  it. 
Without  such  encouragement  society  would  lose  the  benefit  it  receives 
from  this  animal. 

There  is  a  like  opportunity  to  take  advantage  of  the  instincts  of  wild 
animals,  and  thus  gain  over  them  a  power  which  makes  them  subservi- 
ent to  the  wants  of  man  in  the  case  of  /(•//(/  gccse  and  sirans.  These  also 
may  be  made  wonted  to  a  particular  place,  from  which  they  will  widely 
wander  over  waters  belonging  to  difllerent  owners,  or  to  the  state,  but 
to  which  they  will  habitually  return,  and  where  they  will  rear  their 
young.  They  thus  submit  themselves  voluntarily  to  the  power  of  man, 
and  afford  him  a  control  over  them  which  enables  him  at  once  to  pre- 
serve the  stock  and  take  the  increase.    On  these  grounds  a  right  of 


rnori:KTY  ix  Tin:  at.askax  skal  iif.rd. 


91 


iinnlivtod 
irhich  are 
\  way  tlio 
he  useful 
therefore 
I  dcstroya 
a  wrong 
property 
>yoiul  the 
lue  it.    It 
r  further. 
I  action  of 
ncsin  the 
)  accept  a 

and  their 
1  by  man. 
y  feeding:; 
and  cl»er- 
il  byjudi- 
ed  in  cou- 
difliculty 
ch  protect 
,  and  the 
opinion  of 
ground  is 
s  art  and 
;tice  of  it. 
it  receives 

eta  of  wild 
aubservi- 
Thesealso 
lill  widely 
state,  but 
rear  their 
'^er  of  man, 
ice  to  pre- 
a  rigbt  of 


property  in  tliom  is  concodod  to  tin-  ((wncrof  the  spot  which  they  make 
their  lionie,  whicli  is  not  lost  by  the  temporary  departures  therefrom. 
Any  killing  or  capture  of  these  animals  by  another,  having  notice  of 
tlieirhabits,  is  aviolation  of  property  lights  for  whicli  the  law  furnishes 
redress. 

So  also  in  the  case  of  deer  ordinarily  ke])t  in  an  inclosure.and  fed,  and 
from  which  selections  are  nnidefor  sjaugiiter.  Tiie  habit  of  leturning 
is  here  only  imperfectly  established.  The  animals  are  apt  to  resume 
tluMr  wild  nature;  but  nevertheless,  the  economic  uses  they  subserve 
aresuHlcient  to  sustain  a  property  interest  in  them,  inasmuch  as  they 
are  tlms  made,  to  borrow  the  language  employed  in  relation  to  them 
by  the  English  Court  of  Commcm  Pleas,  "  as  much  a  sort  of  husbandry 
as  lutrses,  cows,  sheep,  or  any  other  cattle.'' ' 

It  is  observable  that  these  doctrines  relating  to  i)roperty  so  familiar 
in  the  municipal  Jurisprudence  of  civilized  nations,  relating  to  the  sev- 
eral descriptions  of  animals  above  mentioned,  have  not  had  their  origin 
in  special  legislation,  but  in  the  unwritten  law.  They  are  the  fruit  orf' 
the  unconaciaus  action  of  society  manifesting  itself  in  the  formation  of 
usages  which  eventually  compel  the  recognition  of  law.  This  mefins 
that  they  have  their  origin  in  natural  law  which  is  the  basis  of  all  un- 
written jurisprudence.  They  are  the  dictates  of  Jiniversal  morality, 
cultivated,  ascertnined,  and  formulated  by  judicial  action  through  long 
periods  of  time.  It  is  this  which  stamps  them  with  that  character  of 
approved,  long  established  and  unchangeable  truth  which  makes  them 
binding  upon  an  internatioualforum  as  being  the  indubitable  voice  of 
natural  and  universal  law. 

The  inquiry  which  has  thus  been  prosecuted  into  the  grounds  and 
reasons  upon  which  the  institution  of  proi)erty  stands  fully  substantiates, 
it,  is  believed,  the  main  proposition  with  which  it  began,  namely,  that 
irherc  any  unefnl  animals  so  far  snhject  thcmsdva^  to  the  control  of  par  f  ten- 
htr  men  as  to  enahle  them  exclusively  to  cultivate  such  animals  and  obtain 
the  annual  increase  for  the  supply  of  human  wants,  and  at  the  same  time 
to  preserve  the  stocic,  they  have  a  property  interest  in  them.  And  this 
conclusion,  deducible  from  the  broad  and  general  doctrines  of  the  law 
of  nature,  is  confirmed  by  the  actual  fact  as  exhibited  in  the  usnges 
iind  laws  of  all  civilized  states.  Wherever  a  useful  animal  exhibits  in 
its  nature  and  habits  this  quality,  it  must  be  denominated  and  treated 
as  the  subject  of  property,  and  as  well  between  nations  as  between 

'Davies  t>.  Powell,  Willcs,  40. 


92 


ARGUMENT   OF   THE    UNITED   STATES. 


individual  men.  Tliia  is  tlio  real  ground  upon  whicli  the  mnnicipal  law 
declares  tlio  several  d('seri|>tions  of  wild  animals,  above  ])artiiularly 
adverted  to,  to  be  property.  This  is  what  is  intended  by  making  the 
<piestion  of  property  dcpcn*!  upon  theexistcneeof  \ho  animus  rerertendi. 

In  the  added  liglit  tiirown  by  this  incjuiry  into  the  foundations  of 
Vim  institnti(>ii  of  property  the.  case  of  the  fur-seal  can  be  n-.t  longer 
open  to  doubt,  if  it  ever  was.  It  is  a  typical  instance.  Polygamous  in 
its  nature,  compelled  to  breed  upon  the  land,  and  confined  to  that 
element  for  half  the  year,  gentle  and  confiding  in  disposition,  nearly 
defenceless  against  attack,  it  seems  almost  to  implore  the  protection 
of  man,  and  to  offer  to  him  as  a  reward  that  superfluity  of  increase 
which  is  not  needed  for  the  continuance  of  the  race.  Its  own  habits 
go  very  far  to  effect  a  separation  of  this  su])erfluity,  leaving  little  to 
be  done  by  man  to  make  it  ccmiplcte.  The  selections  for  slaughter 
are  easily  made  without  disturbance  or  injury  to  the  herd.  The  return 
of  the  herd  to  the  same  spit  to  submit  to  renewe<l  drafts  is  assured 
by  the  most  imperious  instin'.ts  and  necessities  of  the  animal's  njiture. 
During  the  entire  period  of  all  absences  the  animus  revcrtendi  is  ever 
present.  The  conditions  are,  as  observed  by  the  eminent  naturalist, 
I'rof.  Huxley,  idcaU  All  that  is  needed  to  make  the  full  extent  of 
the  blessing  to  mankin<l  available  is  the  exercise  on  the  <me  hand  of 
care,  selfdenial,  and  industry  on  the  ])art  of  man  at  the  breeding 
l)laces,  and,  on  the<!th('r,  exemi)tion  from  the  destructive  pursuit  at 
sea.  The  first  requisite  is  supplied.  A  rich  reward  is  oflered  tor,  and 
will  certainly  assure,  the  exeicise  of  art  and  industry  upon  the  land. 
All  that  is  demanded  from  the  law  is  that  exemption  from  destructive 
l>ursuit  on  the  sea  which  the  awaid  of  a  property  interest  will  insure. 

Kor  should  we  omit  to  call  attention  to  an  aspect  of  the  question  pre- 
sented by  the  extent  of  the  possession  and  control  of,  and  over,  this 
race  of  animals  bestowed  upon  the  United  States  in  virtue  of  their 
ownershii)  of  the  lauds  to  which  it  resorts.  This  ownership  carries 
with  it  the  power  in  destroy  the  race  almost  at  a  single  stroke.  It  carries 
with  it  also,  if  interference  by  other  nations  is  withheld,  the  power  to 
forever  preserve.  The  power  to  destroy  is  shared  by  other  nations. 
The  power  to  use,  and  at  the  same  time  to  preserve,  belongs  to  the 
IJnited  States  alone.  This  i)ower  carries  with  it  the  highest  obligation 
to  use  it  for  the  purpose  for  which  it  was  bestowed.  It  is  in  the  highest 
and  truest  sense  a  trust  for  the  benefit  of  mankind.    The  United  States 


'Case  of  the  United  States,  Appendix,  Vol.  I,  p.  412. 


PUOPERTY  IN  THE  ALASKAN  SEAL  HERD. 


93 


ifipal  law 
irtii'ularly 
akiiig  the 
••crertendi. 
(latioiis  of 
iivt  loiifjer 
[jaiiKms  in 
'd  to  that 
in,  nearly 
protection 
f  in crease 
WW  liabita 
}r  little  to 
.slau}?liter 
riie  return 
is  assured 
I's  nature. 
ndi  is  ever 
naturalist, 
extent  of 
le  hand  of 
>  breedinff 
liursuit  at 
d  for,  and 
the  land, 
estructive 
?ill  insure. 
'St ion  i)re- 
over,  this 
e  of  their 
ip  carries 
It  carries 
power  to 
T  nations, 
igs  to  the 
obligation 
le  highest 
ted  States 


iieknowledge  the  trust  and  have  hitherto  discharged  it.  ('an  anything 
1:0  clearer  as  ii  moral,  and  uiuler  natural  laws,  a  Icgul  obligation  than 
tiie  duty  of  other  nations  to  refrain  from  any  acrtion  which  will  i)revent 
or  iini)ede  the  perlornumce  of  that  trust!  The  only  ollice  which  bch>ngs 
to  other  nations  is  to  see  that  this  trust  is  duly  i)erformed.  In  this  the 
whole  world  has  a  direct  interest.  However  much  interference  by  one 
nation  in  the  affairs  and  conduct  of  another  may  be  dei>recated,  it  is  not 
to  be  denied  that  exigencies  may  arise,  as  they  have  arisen,  in  which 
such  interference  may  bo  defended.' 

'We  have  liiibitimlly  roforrod  to  art,  industry,  and  Hclf-denial  on  the  i)art  of  man 
siKH'e.sMriillv  practiced  for  tlui  piirposo  of  iiicrfaxing  thu  anunal  ]ii'oduct  of  tliu  earth 
lis  buinj^  tlio  main  foundation  upon  which  ttociuty  awardH  ti  jiropcrty  inturest.  The 
rxcrcist)  of  these  iiualitit's  is  enjoined  by  natural  Jaw,  and  nature  always  assif^ns  to 
au  oliservance  of  Iicr  dictates  its  appropriate  reward.  That  art  and  iiidiinlri/  siiould 
he  thus  r(!warded  is  ohvions,  but  the  nu>rit  of  Helf-dciiinl  or  aliHlintiire,  is  not  so  imme- 
diately plain.  It  will  he  found,  however,  upon  rellection,  to  possess  the  same  meas- 
ure of  desert. 

In  the  ca><e  of  the  seals,  for  instaiute,  the  immediate  t(Miiptation  is  to  turn  the  whole 
mass  to  present  account.  Had  this  heeu  done,  the  herds  would  lon^  since  have  been 
))raitically  exterminated.  Their  present  existence  is  the  result  of  a  policy  of  denial 
of  present  eujoynient  in  the  hope  of  a  larger  and  more  permanent  advantage.  It  is 
iiuite  unnecessary  to  enlarge  u]>ou  the  prodigious  importance  to  mankind  of  such  a 
]M)liey.  Indeed,  without  it  the  race  could  not  have  emerged  from  barbarism.  The 
fiir-scals  thus  preserved  are  as  truly  the  fruit  of  human  industry  and  olVort  as  any 
of  the  products  of  the  artisan. 

This  merit  of  abaliiience  is  the  sole  foundation  upon  which  economists  and  moral- 
ists place  the  right  to  capital,  and  interest  for  its  use.  Capital  is  the  simply  the  fruit 
oi abstinence.    The  following  citations  are  pertinent  in  this  i)Iace: 

From  N.  W.  Senior,  Political  Economy,  6th  ed.,  l^ondon,  1872,  p.  58  et  seq, 

"  But  although  human  labour  and  the  agency  of  nature,  independently  of  that  of 
man,  are  the  primary  productive  powers,  they  reijuire  the  concurrence  of  a  third  pro- 
ductive principle  to  give  them  complete  etliciency.  The  most  laborious  population 
inhabiting  the  most  fertile  territory,  if  they  devoted  all  their  labour  to  the  produc- 
tion of  innnediate  results  and  consumed  its  produce  as  it  arose,  would  soon  tiud  their 
utmost  exertions  iusutlicieut  to  produce  even  the  mere  noircssaries  of  existence. 

"To  the  third  principle  or  instrument  of  production,  without  which  the  two  others 
;iro  inetlicient,  we  shall  give  the  name  of  abniinencv,  a  term  by  which  we  express  the 
conduct  of  a  person  who  either  abstains  from  the  unproductive  use  of  what  he  can 
rommand,  or  designedly  prefers  the  production  of  remote  to  that  of  immediate 
results." 

After  defining  capital  as  "  an  article  of  wealth,  the  result  of  human  exertion  em- 
!>loyed  in  the  production  or  distribution  of  wealth,"  he  goes  on  to  say:  "It  is  evi- 
dent that  capital  thus  defined  is  not  a  simple  productive  instrument.  It  is  in  most 
1  ases  tlio  lesnlt  of  all  the  three  productive  instruments  combined.  Some  natural 
ni^ent  must  have  artorded  the  material;  some  delay  of  enjoyment  must  in  general 
liave  reserved  it  from  unproductive  use,  and  some  labour  must  in  general  have  been 
eiiiploj'ed  to  prepare  and  preserve  it.  By  the  word  abstinence  we  wieh  to  express 
Unit  agent,  distinct  front  labour  and  the  agency  of  nature,  the  concurrence  of  which  is  nec- 
c^sari)  to  the  existence  of  oapitul  and  which  stands  in  the  same  relation  to  profit  as  labour 
lioes  to  wayea.    We  are  aware  that  we  employ  the  word  abstinence  iu  a  more  exteu- 


94 


AROITMKNT   OF   THE   UNITKD   STATE8. 


It  8Coma  iinpoasiblo  to  iiniifiino  any  grouinl  upon  which  tliis  demand 
ciin  bu  rusLstcd,  utul  even  dillhMilt  to  undorstaiid  how  a  ciucstiott  couhl 
have  boeii  made  rejoctiiif;  it.  If  there  were  oven  the  Kcniblance  of  a 
moral  reason  upon  which  opposition  could  be  rested,  tliere  mi};Ut  be 
room  for  hesitation  and  debate;  if  anytliiuj^  in  the  nature  of  a  right  to 


Bivuflunne  tliiiii  in  wtirriiiitiMl  by  ootainon  usuj^o.  Attontioti  is  iiHiiiilly  drawn  to  abnti- 
nonce  unly  whtn  it  iH  not  unitud  witb  labour.  It  is  rceo^iii/eil  instjintly  in  the  cou- 
(Iii(;t  of  a  uiJin  who  alluwH  u  true  or  n  donioHtic  uninial  to  attiiin  its  full  frrowth,  but  it 
in  leas  obvious  wbou  he  pliintH  thu  Hapliii;;  or  howh  tho  huiuI  corn.  The  obaorver's 
attention  \h  occupied  by  the  labour,  and  liu  oniitN  to  consider  the  additioiitil  nacritice 
lundo  w'htMi  labour  ia  undurgono  for  a  distant  object.  This  a<lilitioual  aacrifico  we 
coiiipruhund  under  the  term  abstinence.  *  *  *  of  all  the  means  by  which  man 
can  be  raiHud  in  the  scalo  of  bcin;;,  abstinencA,  an  it  is  ])erhaps  the  most  utl'uctive,  is 
the  slowest  in  iiicroiuiu,  and  the  latest  generally  diffused.  Among  nations  tliose  that 
arutiio  least  civili/.oil,  and  among  the  dilfurent  classes  of  the  same  nation  those  which 
are  the  worst  educated,  are  almost  the  moat  improvident  and  consequently  the  least 
abstinent." 

(At  page  G9) :  "The  savage  seldom  employs,  in  making  bis  bows  or  his  dart,  time 
which  he  could  devote  to  ihu  obtaining  of  any  object  of  immediate  enjoyment.  Ho 
exorcises,  therefore,  labour  and  providence,  but  not  abstinence.  The  first  step  in 
iniproveniont,  the  rise  from  thu  hunting  and  fishing  to  the  pastoral  state,  implies 
an  exercisu  of  abstinence.  Much  more  abstinence,  or,  in  other  words,  greater  use  of 
capital,  is  rctiiiired  for  the  transition  from  the  pastoral  to  the  agricultural  state; 
and  an  amount  not  only  still  greater,  but  constantly  increasing,  ia  uucessary  to  the 
prosperity  of  manufactures  and  commerce." 

From  "  Essai  sur  la  U^partitiou  des  Kiohesses,"  par  Paul  Leroy-Beaulieo,  2d  ed. 
Paris,  1883: 

"The  first  cause  of  interest  is  tha  service  rendered  to  the  borrower,  the  increase 
of  productivity  given  to  his  labor,  industry,  commerce.  The  second  cause  of  inter- 
est is  tlie  pains  taken  liy  the  lender,  the  sacrifice  necessary  for  abstiueuoe  ia  depriv- 
ing himself  of  immediate  consumption  for  a  delayed  profit." 

From  "  American  Political  Economy."    Francis  Bowen,  p.  204,  ch.  Xi: 

"Capital  being  amiissed  as  wo  have  seen  by  frugality  or  abstinence,  profits  are  the 
reward  of  abstinence  Just  as  wages  are  the  remuueratiou  of  labor,  aud  rout  is  the 
compensation  for  thu  use  of  land." 

From  "  Some  leading  Principles  of  Political  Economy  Newly  Expounded."  By 
J.  E.  Cairnes,  New  York,  1874,  p.  80: 

"The  term  abstinence  is  the  name  given  to  the  sacrifice  involved  in  the  advance 
of  capital.  As  to  the  nature  of  the  sacrifice  It  is  mainly  of  a  negative  kind,  consist- 
ing chiefly  in  deprivation  and  'xistiionement  of  enjoyment  implied  in  the  fact  of 
parting  with  our  wealth,  so  far  at  luast  as  concerns  our  present  power  of  command- 
ing it." 

From  "  Principles  of  Economics."  Alfred  Marshall,  professor  in  the  University  of 
Cambridge,  London,  1870.     Vol.  1,  bk.  vii,  ch.  vii,  sec.  2,  p.  612: 

"A  man  who,  working  on  his  own  account,  makes  a  thing  for  himself  has  the 
usance  of  it  as  the  reward  for  his  labour.  The  amoiiut  of  liis  work  may  be  de- 
termined in  a  great  measure  by  custom  or  habit,  but  in  so  far  as  his  action  is  deliber- 
ate he  will  cease  his  work  when  the  gains  of  further  work  do  not  seem  to  him 
worth  the  trouble  of  getting  them.  But  the  awakening  of  a  new  desire  will  induce 
him  to  work  ou  further,    lie  may  take  out  the  fruits  of  tlus  extra  work  iu  iuuucdi- 


s  demand 
biuii  cuuld 
latice  of  a 
mi^Ut  be 
a  right  to 

wn  to  absti* 
r  in  the  coii* 
owtli,  but  it 
B  obsorver'a 
iml  Hacritico 
sacrilico  we 
wliich  man 
utl'octive,  is 
iH  those  tbut 
tliose  which 
tly  the  least 

is  dart,  time 
lymeut.  Ho 
first  step  in 
tute,  implies 
reater  use  of 
tiiral  state; 
»sary  to  the 

ilien,  2d  ed. 

the  inoreasa 
ise  of  inter- 
le  iu  depriv- 


rofits  are  the 
1  rout  is  the 

inded."    By 

the  advance 

ind,  consist- 

tlie  fact  of 

f  commaud- 

niversity  of 

self  has  the 
may  be  de- 
m  is  deliber- 
eem  to  him 
will  indure 
iu  iiumcdi- 


PROIMCRTY    IN    Tin:    ALASKAN    SEAL    IIERP. 


95 


( aptnro  seals  at  soa  could  be  pretondcd,  it  would  bo  necessary  to  pause 
and  deliberate.  It  may  indeed  be  sai<l  tliat  there  is  no  power  in  the 
United  Status  to  prevent  sualin;^  upon  the  hi<;h  seas;  but  this  is  a  be^- 
{,'ing  of  the  question.  If  they  have  a  property  interest  in  the  seals, 
the  power  to  i)roteet  it  can  not  be  wanting.    But  let  this  question  go 

ate  and  passing  enjoyiiifut,  or  iu  lasting  but  distant  IxMinflts,  *  *  *  or  in  iniple- 
nieuts  which  will  aid  him  in  his  work,  •  •  •  or,  lastly,  m  things  which  he  can 
let  out  on  hire  or  so  invest  as  to  derive  an  income  from  them.  Mans  nature,  huw- 
fvcr,  lieiiig  impatient  of  delay,  lie  will  nut,  a»  a  rule,  select  any  of  the  three  latter 
misthods  unless  the  total  benefit  which  he  expects  in  the  long  run  seems,  liter  allow- 
ing tor  all  risks,  to  show  a  surplus  over  its  bonotits  to  ho  derived  by  taking  out  the 
fruits  of  his  labor  iu  inuuctliate  enJoyuu;nt.  Thai  surplus,  whether  it  take  the  form 
of  iutorost  on  cai»ital,  or  extra  pleasure  derived  from  tl'i  direct  usance  of  peiiuaiu-nt 
forms  of  wealth,  is  the  reward  of  his  postponing  or  ^  ;i  ting  for  the  fruits  of  his 
labour." 

From  the  Ethics  of  Usury  and  Interest.  ByW.  Ulissard,  M.  a.,  loudon,  181)2,  p. 
2G  et  Heq. : 

"On  the  hypothesis  that  all  have  equal  opportunities  of  social  progress,  the  social 
dccLo^ors  of  its  wealth  deserve  condemnacion,  whili;  tl.i  ^o  who  have  served  tho 
cause  of  progress  by  saving  from  personal  cousumptiou  a  part  of  tho  earth's  produce 
and  devoting  it  to  the  improvement  of  national  mechanism  have  a  claim  to  a  reward 
proportioned  to  their  service  and  to  the  elForts  which  they  have  uiado  in  rendering 
it.  These  are  the  conditious  of  advance  iu  civilization  in  the  arts,  aad  scitsmies,  in 
literature,  and  religion.  For  tho  command  over  nature  diiferentiates  the  civilized 
man  from  the  savage.  •  •  *  It  appears,  hence,  how  accurate  is  tho  common 
phrase  which  calls  thrift  'saving.'  Economists  favor  such  other  words  as  'absti- 
nence,' deferred  'enjoyment,'  and  the  like;  but  to  'save'  expresses  the  primary  idea 
that  soHiething  has  been  saved  from  tho  destruction  to  which  mere  animal  instinct 
would  devote  it.  In  such  salvage  lii^s  tho  progress  of  the  human  species  from  sav- 
agery to  godhead.  By  how  much  has  been  thus  saved  has  the  salvation,  material, 
uiontal,  and  moral,  ox  the  race  been  achieved." 

From  "Political  Economy."  By  Francis  A.  Walker.  Now  York,  1883.  Pago  67, 
sec.  78; 

"  The  Law  of  Capital. — It  is  not  necessary  to  trace  further  the  increase  of  capital. 
At  every  step  of  its  progress  capital  fidlows  one  law;  it  arises  solely  out  of  saving; 
it  stands  always  for  self-denial  and  abstinence." 

(Page  232) :  "Capital  is,  as  we  have  seen,  tho  result  of  saving.  Interest,  then,  is 
the  reward  of  abstinence.  A  part,  a  large  part,  of  all  ]ui)duced  wealtii  nuist  ))e  at 
Diico  consumed  to  meet  the  conditions  of  human  existence;  but  the  remaining  portion 
may  be  consumed  or  may  be  accumulated,  according  to  the  will  of  the  owiu-r.  Tho 
strength  of  the  motive  to  accumulation  will  vary  with  the  reward  of  abstinence, 
ll'that  be  high  the  disposition  to  save  will  be  strengthened,  and  capital  will  bo 
rapidly  accumulated;  if  that  be  low,  that  disposition  will  bo  relatively  weak,  and 
<  iipital  will  increase  slowly,  if  indeed  .'le  body  of  existing  capital  bo  not  dissipated 
it  the  demands  of  appetite." 

From  "Chapters  on  Practical  Political  Economy.'*  Prof.  Bonamy  Price.  2d  ed. 
London,  1882.    Pages  127,  128: 

Speaking  of  Profit  he  says:  "What  is  the  nature,  the  principle  of  this  gainf  It  is 
:i  reward  for  two  things,  for  the  creation  and  employment  of  capital.  Economists 
liiive  rightly  explained  tho  need  and  justification  for  sucli  a  reward  for  tht;  creation 
of  capital,  that  it  is  a  oomx)ousatiou  for  ubstiueaoe.    The  owner  of  the  wealth 


96 


ARGUMENT    OF   THE    UNITED   STA.TES. 


for  the  pre?  lit;  it  will  be  elsewhere  discussed.  Let  it  be  conceded, 
for  the  sake  of  iirguuieiit,  that  the  United  States  have  no  power  to  pro- 
tect and  punish,  will  it  be  asserted  before  this  Tribunal,  bound  to 
declare  and  administer  the  law  of  nature  and  nations — a  system  of 
morality — that  this  constitutes  'A  right  f     What  is  it  precisely  which 


might  liavo  dtsvotoil  it  to  his  own  ('iijoyiiieiit;  ho  in'cCciTcd  to  aavo  it  or  turn  it 
into  au  iiistriiincnt  for  croiitiniif  fresh  wealth.  It  was  liis  own  voluntary  act,  hef^iive 
np  some  luxury,  ho  finds  atononient  in  inii>rov<!(l  income  from  increased  w<'altli. 
His  aim  was  profit,  hut  profit,  thou<i;li  it  enriclied  him,  was  no  sclfisli  course;  luxuri- 
ous ex])('ndituro  would  Inive  betMi  the  rciil  8ellishn<\ss.  Hy  j^oiiig  in  for  ])r(ifit  lie 
benefits  society.  His aavin,i;s  are  an  advantage  to  others  as  well  as  to  himself.  *  »  * 
Profit  is  the  last  thing  which  should  ho  grudged,  for  profit  is  the  creator  of  capital, 
and  capital  is  the  life  hlood  of  civilization  and  comiiicrrial  progress." 

From  "Manual  of  Political  Economy."  Ileury  Fawcctt.  Loudon,  1877.  l)k.  ii, 
ch.  V,  p.  1.^37: 

"  As  cajiital  is  the  result  of  saving,  the  owner  of  cajiital  exorcise.s  forliearaiico 
when  he  saves  his  wealth  instead  of  spending  it.  I'rofits  tlicreton!  are  the  reward 
of  abstiueuco  iu  the  same  maiinor  that  wages  are  the  reward  of  jihysical  exer- 
tion." 

From  "The  Science  of  Wealth."    Amasa  Walker.     Boston,  1S77.     Ch.  vi,  p.  288: 

"  Interest  has  its  justification  in  the  right  of  prop<'rty.  If  a  man  can  claim  the 
ownership  of  any  kind  of  wealth,  he  is  the  owiuh-  of  all  it  fairly  produces  »  *  » 
whoever  by  labour  prcxlnct^s  wealth  and  by  self-denial  iireserves  itshould  be  allowed 
all  the  benefit  that  wealth  can  render  in  future  production." 

From  "Introduction  to  Political  Economy."   A.  L.  Perry.    Now  York,  1877.  P.  115. 

"The  origin  of  all  capital  is  iu  abstinence,  and  the  reward  of  this  abstinence  is 
profit." 

From  "  A  System  of  P.ditical  Economy."    .J.  L.  Shad  well.    London,  1877.    P.  159. 

"They  (capitalists)  desin*  to  obtain  it  (profit)  because  the  saving  of  capital  imjilies 
the  exercise  of  abstinence,  as  the  capitalists  might  have  exchanged  it  for  other 
things  for  their  own  immediate  consuiii])tiou;  but  if  they  forego  their  enjoyment  iu 
order  to  produce!  eommoditiea  they  reiiuiro  some  compoiisatiou  for  the  sacrifice  to 
which  they  submit." 

From  John  Stuart  Mill.  "Principles  of  Political  Economy."  Boston,  1818.  Vol. 
II,  p.  481: 

"As  the  wages  of  the  laborer  are  the  remuneration  of  labor,  so  the  profits  of  the 
capitalist  are  properly  ihe  renuiueratioii  of  abstim  nco.  Tiiey  are  what  he  gains  by 
forbearing  to  consume  his  capital  for  his  own  uses  ,iiid  allowing  it  to  bo  consumed 
by  productive  laborers  for  their  uses;  for  this  forl)ea  ranee  he  reciuires  a  recompense." 

And  again,  at  jtage  .553:  "Capital      *     *  liciiig  the  result  of  abstiiK^nce,  the 

produce  of  its  value  must  be  suflicient  to  remunerate  not  only  all  thclalior  reipiired 
but  the  alistinence  of  all  the  ])erson8  by  whom  the  remuneiaf  ion  of  tin;  (litl'eient 
classes  oflaborcrs  was  advanced.     The  return  for  abstinence  is  profit." 

From  "Manuel  d'ficonomie  Politique."  Par  M.  II.  Baudrillard.  -Ith  ed.  Paris, 
1878.     P.  .'382 : 

"The  first  element  of  interest  is  the  privation  to  which  the  lender  subjects  him- 
self, who  surrenders  his  cai)ital  for  the  benefit  of  another." 

(/(/.,]). 52) :  "  l!ase<l  upon  right,  owncrsliip  is  not  liss  justified  by  the  strongest 
reasons  dori\  cd  from  social  utility.     It  is  iisufiil  tor  the  laborer  who  has  f'erlili/cd 


PROPEUTY    IN    THE    ALASKAN    SEAL    HERD. 


97 


be  allowed 


1818.     Vol. 


coiupeiiso. 


would  tlius  be  set  up  as  ii  rijilit?  It  is  simply  iiiid  without  qunlKicatidii 
a  riylit  to  (h'strojj  one  of  the  j;ifts  of  nature  to  num.  It  would  be  say- 
inj;-,  not  to  the  United  States  alone,  but  to  the  whole  world,  "You  shall 
no  longer  have  this  blessinj;- which  Avas  orijiiiially  bestowed  upon  you — 
this  opportunity  which  nature  allbrds  to  secure  the  preservation  of  the 
source  of  a  bhissiiif;'  and  make  it  permanently  a\-ailal)l(^  shnll  not  be 
improNed;  and  if  you  ask  us  for  a  reason  we  !;i\e  you  none,  exi'cjit 
that  we  so  (dioose,  and  can,  I'oi'  a  few  years  at  least,  make  a  prolit  to  our- 
selves by  carryin<4  on  the  work  of  destruction;  tlu' sea  is  free." 

Ahrens'  states:  The  delinitions  of  liu',  ri<;ht  of  proi)erf\  j^iven  by 
positive  laws  generally  concede  to  the  owner  the  jtower  lo  dispose 
of  his  object  in  an  almost  absolute  numner,  to  use  and  abuse  it,  and 
even  through  caprice  to  destroy  it;-  but  this  arbitrary  i)owr'r  is  not  in 
keeping  with  imturallaw,  and  positive  legislation,  obedient  to  the  voice 
of  common  sense  and  reason  in  the  interest  of  society,  has  been 
obliged  itself  to  establish  numerous  restrictions,  which,  examined  from 
a  philosophic  view  of  law,  are  thcs  result  of  rath)nal  principles  to  which 
the  right  of  property  and  its  exercise  are  subjected. 

The  principles  which  govern  socially  the  right  of  property  relate  to 
substance  and  to  form. 

I.  As  to  substance,  the  following  rules  may  be  established: 

1.  Properti/  cj'ists  for  a  rational  purpos<:  and  for  a  rational  use;  it 
is  destined  to  satisfy  the  various  needs  of  luuuan  life;  eonseiiuently, 
all  arbitrary  abuse,  all  arbifrari/  destruction,  arc  contrarji  to  riijiit  {'Iroll) 
aiul  should  be  prohibited  by  law  (loi).  LJut  to  avoid  giving  a  false  ex- 
tension to  this  principle,  it  is  impiutant  to  recall  to  mind  that,  accord- 
ing to  personal  rights,  that  whicli  is  committed  within  the  s[»here  of 


llic,  soil  to  retain  tlio  soil  itself  as  well  .is  the  siirfaee.  Otliorwi><o  lie  will  use  tlio 
soil  as  a  possessor  who  is  in  haste  to  enjoy  it.  Where  a  thoiij^lit  of  tiit>  future  is 
wanting  tiiuro  will  be  no  real  improvement,  no  numi-rous  and  well-suiiiiorted  pop- 
ulation, lu)  civilization  witli  dee])  roots  either  moral  or  material." 

*  *  •  "  All  these  advanta;;es  can  be  the  oiitgrowtli  of  nothirii;  l)nt  iiermiiiient 
owiior.iiiip.  For  the  same  reason  it  is  v,'ell  for  ownersiii])  to  be  imlividiiMl  ;nid  not 
eolleetivo;  of  this  we  tind  proof  in  tlie  ridigious  eominnnities  of  the  middle  ages, 
and  in  our  own  time  in  the  very  imperfeet  couditiou  of  properly  held  in  eommou. 
CoUeetive  ownership  is  atteudod  with  this  drawbaiU,  viz,  that  it  does  not  aulii- 
•jieutly  stimulate  the  activity  of  che  owner." 

"  Ahrens;  Cout.-ie  of  Natural  Law,  r^eijizic,  187t),  vol.  2,  book  f,  div.  1,  sec  til. 

^  Roman  law  gave  tlie  owner  tiio  /it.'*  uteiidi  el  (ihuhiuli ;  after  tim  Austriati  code 
^11,  2,  sec.  3G2),  ho  has  tlio  power  to  destroy  arbitrarily  that  whiih  lieiongs  to  him. 
Tim  Code  Napolemi  which  dolines  property  as  "tho  right  to  enjoy  and  lodi-pose  of 
things  in  tho  most  absolute  manm^r,  provided  no  use  be  made  of  them  IVubldden 
by  the  laws  or  by  the  rojjulatious,"  iuterposod  social  interest  by  tiiis  reslrieliou. 

147.1U 7 


98 


ARGUMKNT    OB^   THE    UNITED    STATES. 


private  life  and  of  that  of  the  fainily  docs  not  come  under  the  appli- 
cation of  public  law.  It  is  necessary,  therefore,  tliat  the  abuse  be 
public;  in  order  that  the  law  may  reach  it.  It  belongs  to  the  h;gisla- 
tions  regulating  the  various  kinds  of  agricultural,  industrial,  and 
commercial  property,  as  well  as  to  penal  legislation,  to  determine  the 
abuses  which  it  is  important  to  protect;  and,  in  reality  legislations  as 
well  as  police  laws,  have  always  specified  a  certain  number  of  cases  of 
abuses.'  Besides,  all  abusive  usage  is  hnrtful  to  society,  because  it  is 
for  the  public  interest  tluit  the  object  should  give  tlie  owner  the  advan- 
tages or  the  services  it  admits  c)'.'' 

It  is  assumed  througliout  the  Keport  of  the  Britisli  Commissioners 
that  i)elagic  sealing  is  not  necessarily  destructive,  and  that,  under 
rcfiulation,  the  i^rosecution  of  it  need  not  involve  tlie  exterininaticm  of 
the  herds.  This  assumi)tion  and  the  evidence  bearing  upon  it  will  be 
elsewhere  particularly  treated  in  what  we  may  have  to  say  upon  the 
subject  of  regulations.  It  will  there  be  shown  that  it  is  not  only 
destructive  in  its  tcncloicy,  but  that,  if  i)erniitted,  it  will  complete  the 
work  of  practical  extermination  in  a  very  short  period  of  time.  But 
so  far  as  it  is  asserted  that  a  restricted  and  regulated  pelagic  sealing  is 
c(nisistent  with  the  nuu'al  laws  of  nature  and  should  be  allowed,  the 
argument  has  a  bearing  upon  the  claim  of  the  United  States  of  a  prop- 
erty interest,  and  should  be  briefly  considered  here.  Let  it  be  clearly 
under^tood,  then,  Just  what  pehigic  sealing  is,  however  restricted  or 
■re<juluteiJ.  And  we  shall  now  describe  it  by  those  features  of  it  which 
are  not  disputed  or  disputable. 

AVe  ])ass  by  the  shocking  cruelty  and  inhumanity,  with  its  sicken- 
ing details  of  bleating  and  crying  offspring  falling  upon  tlie  decks  from 
the  bellies  of  motluMs,  as  they  are  ripped  open,  and  of  white  milk  flow- 
ing in  streams  mingled  with  blood.  These  enormities,  which,  if  at- 
tempted within  tlie  territory  of  a  civjlized  State,  would  speedily  be 


! 


'On  the  occasion  of  tlio  clcbato  of  Art.  5 H,  which  (lofmod  ])i'oi)('ity,  \ii]ioh'on 
oxi»ri'ss(!(l  cnergotieally  tlic  necessity  of  supijressiug  abuses.  "The  abuse  of  prop- 
erty," said  he,  "should  bo  suppressed  every  time  it  becomes  hurtful  to  society. 
Thus,  it  is  not  allowed  to  cut  down  unript;  grain,  to  pull  up  famous  gra))eviues.  I 
would  not  sull'er  Ihat  an  individual  should  smite  with  sterility  20  leagues  of 
ground  in  a  grain-bearing  department,  in  order  to  make  for  himself  a  jiavk  thereof. 
The  riglit  of  abuse  does  not  extend  so  far  as  to  deprive  a  peoi)le  of  its  sustenance." 

''  lioman  law  says  in  tliis  sen.e,  sec.  2, 1,  Do  patr.  pot.  1,  8:  "  Expedit  eniin  reipubli- 
CiBiiesua  requis  male  utatur."  Leibnitz  further  expands  this  priiiciple  of  Uu;  Koman 
law  bj' saying  (Do  notionil>us Juris,  etc.):  "Cum  nos  intstraiiiu)  Deo  deiieamus,  ut 
ruij,)ublica),  ila  uiultu  lua^Ls  uuLvursi  interest  uo  i^uis  lo  »ua  male  utatur." 


PROPKIITY    IN    Tin:    ALASKAN    SEAL    ilKHD. 


99 


lie  appli- 
ibuse  bo 
e  l(!gisla- 
rial,  ami 
mine  the 
atioiivS  as 
['  cases  of 
ause  it  is 
iieadvau- 

lissioncrs 
at,  under 
inatiim  of 
it  will  be 
upon  the 
not  only 
iplete  the 
ime.    But 
:  sealiuf?  is 
loAved,  the 
of  a  prop- 
be  dearly 
tyietol  or 
it  which 

ts  sicken- 
cks  from 
lilk  llow- 
ch,  if  at- 
leedily  be 

',  Napoleon 
iHO  ot"  ^irop- 

to  society. 
pe,viiieM.  I 
leiiffues  of 
irk  thereof. 
iiMteuiiiico." 
in  roipubli- 

th(!  K'oiniiii 
il)euiiuis,  ut 


made  the  subjects  of  criminal  ])unishment,  are  not  relevant,  or  are  less 
relevant,  in  the  di.sciission  of  the  mere  (piestion  of  proj)erty. 

It  is  not  contended  tiiat  inpelajiic  scaling;- (1)  there  can  be  any  Nclcci- 
ire  killin}^';  or  (L'),  that  a  {>real  excess  (tf  icnialcs  over  males  is  not  slain; 
or  (o),  that  a  great  nuinber  of  victims  perish  from  wonnds,  withont 
Iteing  recovered;  or  ( Ij,  that  in  most  cases  the  females  killed  are  n(»t 
either  heavy  with  youn.ii,  or  nnrsino-  motluMs;  or  ("»),  that  each  and 
every  of  these  incidents  can  not  be  av(»i(lcd  by  the  ach'ctire  klllinj4" 
wiiich  is  practiced  on  the  bi  ceding  islands.  W'c  do  not  sto]»  to  di.scuss 
the  idle  questions  whether  tills  Ibiiii  of  slauohtt'r  will  actnally  (wfrnni- 
nate  the  herds,  or  hoic  hnuf  it  nniy  take  to  complete  the  destruction.  It 
is  enonoii  for  the  present  purpose  to  say  that  it  is  simple  (U'.strucHon. 
It  is  destructive,  because  it  does  not  make,  or  aim  to  make,  its  draft 
upon  the  increase,  which  consists  of  the  !su]»ertluous  males,  but,  by 
taking"  females,  strikes  directly  at  the  sto('k,  and  strikes  at  the  stock  in 
the  most  diMnaoiiig  way,  l)y  destroying  unborn  and  newly-born  pnps, 
together  with  their  nutthers.  ^Vhuever  undertakes  to  set  up  a  moral 
right  to  prosecute  this  mod(;  ol  slaughter  on  the  ground  that  it  will  not 
necessarily  result  in  complete  destructioii,  must  nmintain  that  while  it 
maybe  against  the  law  of  nature  to  work  coj^j^/f^c  destruction,  it  is  yet 
lawful  to  destroy !  l>ut  what  the  law  of  nature  forbids  is  any  destruc- 
tion at  all,  unless  it  is  necessary.  To  destroy  a  Zi7<^',  and  to  destroy 
much,  are  the  same  crimes. 

If  there  were  even  sonu'thing  less  than  a  >%/(/,  or  rather  some  low 
«/r//r<'e  of  right — for  nothing  other  than  rights  can  be  taken  notice  of 
Ikmc — sonu'  mere  conrenienee,  it  might  be  worthy  of  consideration;  but 
thcr(\  is  none,  it  (;an  not  even  be  said  that  pelagic  sealing  nuvy  furnish 
to  the  world  a  sealskin  at  a  lower  price.  Xothing  can  be  jdainer  than 
that  it  is  the  most  expensive  mode  of  capturing  seals.  It  r<M|uires  the 
ixpcnditure  of  a  vast  sum  in  vessels,  boats,  a])])liances,  and  human 
labor,  which  is  all  unnecessary,  because  the  entire  increase  can  be 
ivapcd  witlnuit  them.  This  unnecessary  expense  is  a  charge  upon  the 
eonsumer  and  nuist  be  reimbursed  in  the  priite  he  pays.  In  no  way  can 
iH'Iagie  sealing  result  in  a  cheai)ening  of  the  product,  except  upon  the 
ii'^sumptiou  that  the  stock  of  seals  is  inexhaustible,  and  that  the  amount 
i'lthe  pelagic-  catch  is  an  addition  to  the  total  catch,  which  might  be 
'iiade  on  the  land  if  capture  were  restricted  to  the  land;  and  this  as- 
Miinption  is  ailmitted  on  all  haiuls,  and  even  by  the  Conuuissioners  of 
<Wcat  Britain,  to  be  untrue. 


100 


ARGUMENT   OF   THE    UNITED    STATES. 


Tf  there  were  any  evil,  or  inconvenience  even,  to  be  apprehended  from 
a  conlinement  of  the  capture  of  tlie  seals  to  the  breeding  jjhices,  it 
might  serve  to  arrest  attcintion;  but  there  is  none.  Much  is  said,  in- 
deed, in  the  Eeport  of  the  Commissioners  of  Great  Britain  concerning 
a  supposed  monojioli/  which  wouhl  thus  be  secured,  as  is  i)retended,  to 
the  lessees  of  tlu;  breeding  islands  which  would  enable  them  to  exact 
an  excessive  price  lor  skins;  but  this  notion  is  wholly  erroneous. 

The  annual  draCts  made  at  the  island  from  tlie  increase  of  the  herds 
are  not  made  for,  and  can  not  be  monopolized,  or  appropriated,  by  the 
United  States.  Tliey  are  made  for  mankind  everywhere,  and  find  their 
way  to  those  who  Avant  them  and  are  able  to  procure  them  wherever 
upon  the  face  of  the  world  they  may  dwell.  To  the  owners  of  these 
islands,  whoever  they  may  be,  they  are  intrinsically  useless,  except  the 
insignilicant  number  which  may  be  useful  for  food  or  clothing.  Their 
oul,v  value  to  them  is  as  articles  of  commerce,  as  means  l)y  which 
needed  commodities  nmy  be  obtained  from  otliers  who  may  have  a 
superior  desire  for  the  benefits  alfordod  by  these  animals.  They  are 
furnished  through  the  instrumentality  of  commerce  to  those  who  want 
them  upon  the  same  terms  upon  which  they  are  furnished  to  the  citi- 
zens of  the  United  States.  The  human  race  thus  perfectly  secures  to 
itself  tno  benefit  Avhich  nature  intended  the  animal  shimld  sujjply. 
Kor  can  the  United  States  exact  fr<mi  the  world  Avhatever  price  it 
jileases  for  the  produ<'t  of  the  aninml.  It  can  not  exact  a  penny  more 
than  the  world  is  willing  to  give;  and  this,  as  in  the  case  of  every 
other  conunodity,  is  its  just  value.  The  cost  of  production,  and  the 
operation  of  supjdy  ami  demand  will  determine  the  price  of  this,  as  of 
every  other,  commodity.  Any  other  mode  of  capturing  the  animal  for 
tlie  market  is  obviously  and  confessedly  more  expensive,  and  must 
necessarily,  other  things  being  equal,  involve  an  increased  price,  and 
simply  impose  an  additional  tax  upon  the  consumer. 

There  are,  indeed,  instances  of  commodities  in  which  the  possible 
supply  greatly  exceeds  the  wants  of  the  world,  and  where,  if  the  whole 
product  were  thrown  upon  the  market,  it  would  become  almost  wortii- 
less,  producing  a  sum  much  less  than  would  have  been  gained  liad  a 
comparatively  small  part  only  been  otfered.  In  such  cases,  if  the  sources 
of  supply  are  a  monopoly  under  a  single  direction,  a  lai'ge  profit  may 
sometimes  be  secured  by  an  artijiciul  limitation  of  the  supply.  It  is 
said  that  the  Dutch  once  found  an  advanti)g(^  like  this  from  a  voluntary 
Uestructiou  of  a  largo  part  of  the  product  of  tUo  Spice  Islands.    But 


PROPERTY    I\    THE    ALASKAN    SEAL    TFERD. 


101 


(led  from 
places,  it 
i  said,  iii- 
)nceniing 
ended, to 
L  to  exact 

)US. 

the  herds 
id,  by  the 
lind  their 
wherever 
5  of  these 
except  the 
!}«•.     Tlieir 
by  which 
ly  have  a 
They  are 
I  who  want 
to  the  ('iti- 
secures  to 
Id  sui)i)ly. 
rav  price  it 
>eniiy  more 
e  of  every 
in,  and  tlie 
this,  as  of 
iinimal  for 
and  must 
price,  and 

e  possible 
the  whole 
lost  woi'th- 
lined  had  a 
the  sources 
profit  may 
)ply.  It  is 
I  voluntary 
ands.    lint 


the  rase  of  the  lessees  of  the  Tribilof  Islands  is  the  (»i)posite  of  this. 
Tliey  never  can  be  even  tempted  to  limit  the  supply.  Nature  herself 
has  limited  it  all  too  rifjidly.  A  larj^e  i)rolit  is  derivable  from  every 
seal  which  prjuhMice  will  permit  to  be  taken.  The  temptation  is  to  take 
too  lar;^('Iy.  Abstinence,  and  not  ivastc,  is  the  true  policy.  Indeed, the 
IJeport  of  the  Commissioners  of  Great  Britain  makes  it  a  principal 
cliarge  aj^ainst  the  mamigement  of  the  lessees  that  they  make  drafts 
upon  the  herds  too  lar^e,  instead  of  too  small.  Ifow,  where  the  entire 
l)roduct  of  a  source  of  supply  is  thrown  upon  the  maiket,  the  i)rice  will 
be  };overned  by  the  demand.  The  world  will  pay  a  certain  amount  for 
it  and  no  more;  and  the  circumstance  that  there  is  a  monopoly  of  the 
commodity  is  unimportant.' 

Divers  charges  are  made  in  the  Keport  of  the  Uritish  Commissioners 
of  neji'lect  and  misinanagement  by  the  lessees  of  the  islands  in  the 
conduct  of  the  business  of  earlujH'  for  the  seals  and  nntking  the  animal 
drafts  from  the  herds.  These  topics  have  but  a  small  measure  of  rele- 
vancy here.  They  are,  with  some  unimportant  exceptions,  whoUv  de- 
nied, and  will  be  elsewhere  in  this  argument  shown  to  be  erroneous. 
lUit  if  it  be  intended  by  these  charges  to  show  that  the  prime  object  of 
the  law  of  nature  to  make  the  increase  of  animals  available  to  man- 
aiid  at  the  same  time  to  preserve  the  stock,  is  not  most  certainly  gained 
in  the  case  of  an  animal  like  the  seal  by  declaring  a  property  interest 
in  those  who  have  the  power  to  secure  it,  some  observations  upon  them 
arc  pertinent  here.  In  this  .aspect  these  charges  proceed  upon  the 
assumption  that  a  scheme  of  protection  by  care,  industry,  and  select, 
iv(>  killing  is  necessary.  If  this  be  ..o,  when  and  how  can  it  be  adopted 
and  maintained  except  through  the  recognitionof  a  property  interest? 
Ir  can  not  be  questioned  that  this  care  and  prudence  are  best  secured 
I ly  bringing  into  play  the  motive  of  self-interest.  How  can  this  be 
done  except  through  the  recognition  of  a  ])roperty  interest?  What 
I'lher  device  has  human  society  found  in  any  stage  of  civiUzation  in 
any  land  or  in  any  age?  What  new  substitute  has  the  wisdom  of  these 
<  oiiiniissioners  to  suggest?  Is  it  necessary'  to  tell  the  bre<Mler  of  sheep 
iliat  he  must  i)reserve  his  thxdcs  and  make  his  main  drafts  for  the  niar- 
k'  t  upon  his  superlliious  males?  It  may  be  admitted  that  the  United 
Slates  nniy  sometimes  fall  Into  errors  and  neglects  against  their  own 
iiiU'iest.  They  assert  for  themselves  no  infallibility;  but  tliey  do  insist 
til  at  there  is  no  error  and  uo  neglect  which  they  could  as  owners  and 

'Mill.  Tol.  Econ.,  Jidok  11,  Cliaii.  5,  $  2. 


102 


ARGUMENT   OF   TIIK   UNITED    STATES. 


cultivators  of  tlioso  herds  commit  wliich  would  be  iu  violation  of  the 
teacliiiiys  of  seiciiice  and  the  laws  of  nature  and  oi)erato  to  obstruct 
the  enjoyment  by  mankind  of  the  full  pioduct  of  the  animal,  which 
would  not  at  the  same  time,  and  in  larj^er  measure,  result  in  loss  and 
injury  to  themselves.  They  have  not  and  can  not  have,  upon  the 
grounds  taken  in  this  arj;iiment,  any  inteiest  which,  in  the  slightest 
degree, conflicts  with  that  of  the  world  at  large.  They  would  be  grate- 
ful to  have  any  errors  in  the  management  by  them  pointed  (Uit,  to  the 
end  that  they  might  apply  a  remedy.  And  what  is  true  in  respect  of 
the  United  States  is  true  also  of  their  lessees.  The  latter  can  have  no 
interest  not  in  harmony  with  the  interests  of  all.  This  observation  is 
subject  to  a  qualitication  limited  to  lessees  whoso  lease  is  about  to  ex- 
pire. An  outgoing  tenant  is,  indeed,  sometimes  under  a  temptation  to 
commit  waste.  Against  this  possible  mischief  the  United  States  have 
endeavored  to  guard  by  the  policy  of  nmking  long  leases.  It  is  believed 
to  have  been  entirely  etlectual. 

But  all  suggestions  of  the  insufficiency  of  the  guaranties  furnished 
by  a  recognition  of  a  property  interest  to  carry  out  the  dictates  of 
science  and  natural  Law  in  respect  to  animals  having  a  nature  and  hab- 
its such  as  the  fur-seal  exhibits  are  absolutely  silenced  by  a  reference 
to  the  conclusive  teachings  of  actual  and  long  experience.  Eussia  en- 
joyed during  the  whole  period  of  her  occupation  of  the  islands  the  full 
benefit  practically  of  a  property  interest.  She  maintained  an  exchi- 
sive  dominion  of  the  herds  upon  the  land,  and  no  attempt  to  interfere 
with  them  by  pelagic  sealing  was  made.  By  lier  care,  industry,  and 
self-denial,  tempted  aiid  rewarded  by  the  profits  of  the  industry,  the 
normal  numbers  of  the  herds  were  maintained,  and  at  the  same  time 
large  annual  drafts  were  made.  And  whuu,  as  happened  more  tliau 
once  from  exceptional  causes  which  could  not  be  prevented,  the  num- 
bers were  greatly  reduced,  a  more  rigid  and  self-enforced  abstinence 
brought  about  a  full  restoration.  At  the  beginning  of  the  occupation 
of  the  United  States,  and  before  their  authority  and  oversight  were 
fully  established,  an  irregular  and  excessive  slaughter  again  greatly 
reduced  the  herds,  and  this  damage  was  again  fully  repaired  by  an 
exercise  of  similar  abstinence.  The  numbers  were,  perhaps,  more  than 
restored,  and  it  became  possible  to  make  larger  drafts  than  had  ever 
been  taken  under  the  Eussian  management  without  any  discoverable 
diminution  of  the  stock;  and  there  is  no  reason  to  suppose  that  such 
drafts  might  not  have  been  continued  indefinitely  had  not  the  destruc- 


PROPKRTY    IX    Tin:    ALASKAN    SEAL    HERD. 


103 


>ii  of  the 
obstruct 
ill,  which 
loss  and 
ipoii  the 
slightest 
1)0,  j>rate- 
iit,  to  the 
•espoct  of 
)  have  iio 
^vation  is 
lit  to  ex- 
)tation  to 
tites  have 
^  believed 

furnished 
ictates  of 
and  hab- 
refcrence 
liissia  en- 
Is  the  full 
ail  exclu- 
interfere 
stry,  and 
istry,  the 
iime  time 
lore  than 
the  num- 
bstiiienoe 
cciipatiou 
gilt  were 
n  greatly 
Hi  by  an 
nore  than 
had  ever 
icoverable 
hat  such 
e  destruc- 


tive warfare  by  a  constantly  increasing  fleet  of  Canadian  sealers  made 
it  impossible. 

The  experience  at  the  (Jommander  Islands  has  been  the  same.  The 
exercise  of  art,  industry,  and  self  denial  jnodiiced  by  the  operation  of 
the  same  motive  has  been  followed  by  the  reward  of  still  abundant 
herds. 

Nor  is  there  any  obstacle  in  the  way  of  a.  recognition  of  a  property  in- 
terest growing  out  of  any  dilViculty  in  identi/ifinff  the  Alaskan  herd 
upon  the  high  seas.  Suggestions  ofa])ossible  commingling  with  the 
lierds  belonging  to  the  llussian  islands  on  the  western  side  of  the  Pa- 
cific and  liering  Sea  are  contained  in  tiie  lleiK)rt  of  the  IJritish  Com- 
missioners; but  these  are  coupled  witL  *^'>e  admission  that  tliis  com- 
mingling, if  it  exist  at  all,  is  confined  to  a  few  individuals.  They  are 
supported  by  no  evidence.  The  Kussian  herds  are  separated  by  a  broad 
tract,  hundreds  of  miles  in  width,  and  it  seems  entirely  certain  that  all 
seals  found  on  the  eastern  side  of  the  Pacific  and  Bering  Sea  are 
members  of  the  Alaskan  herds. 

It  may  be  urged,  as  an  objection  to  the  recognition  of  a  property  in- 
terest in  the  United  States,  that  it  would  be  inconsistent  wiih  the  con- 
tinued pursuit  of  seals  by  the  Indians  on  the  Northwest  coast  for  the 
purposes  of  food  and  clothing.  This  consideration  deserves  respectful 
attention.  It  is  the  only  form  of  capturing  seals  upon  the  high  seas 
which  can  assert  for  itself  a  moral  foundation  under  the  law  of  nature. 
Attention  has  more  than  once  been  called  in  this  argument  to  the  dif- 
ferent degrees  of  the  extension  of  the  institution  of  property  in  barbaric 
and  in  civilized  life.  The  necessities  of  society,  evavywhevc  and  at  all 
times  the  measure  of  the  extension  of  the  institution,  do  not  in  barbaric 
life  require  a  recognition  of  property  in  but  comparatively  few  things. 
With  a  scanty  and  sparse  population,  little  is  required  by  way  of  cul- 
tivating the  earth  or  its  animals;  and  both  can  be,  and  generally  are, 
allowed  to  remain  in  a  wild  condition,  open  to  indiscriminate  use.  A 
lull  supply  of  the  wants  of  such  society  in  respect  to  most  animals  can 
be  had  by  indiscriminate  killing,  without  in  the  least  degree  endaii- 
ueiing  the  stock.  That  peril  is  one  which  civilization  brings  along 
with  it;  and,  as  we  have  seen,  the  safeguard  comes  also  in  the  shape 
'>!' the  extension  of  the  institution  of  property.  Nothing  better  illus- 
tiates  this  thau  the  case  of  the  fur-seals.  Before  the  occupation  of  its 
haunts  by  civilized  nations,  the  only  draft  made  by  man  upon  the  pro- 
digious herds  was  limited  to  a  number  sufficient  to  supply  the  wants 


^^gfl 


104 


AlKiUMKNT   OF   THE    UNITFJ)    STATES. 


oCa  few  Iminlii'd  people.  Uiit,  after  such  o(?(Mipation,  tliroufjli  tho,  iii- 
.stniiiicntality  of  coniiiu'rci',  tlio  wlioli's  world  iiiiule  its  attack.  This 
(lemaiid,  of  coiusc,  could  not  be  supjilied  consistently  witli  the  preser- 
vation of  the  species  without  an  immediate  chaiiye  from  barbaric  to 
civilized  melliods;  that  is  to  say,  from  indiscriuiinate  capture,  which 
threatened  the  stock,  to  a  selective  cajjture  (uuifined  to  the  iuc^rease. 

IJut  this  condition  creates  no  <lilli(!ulty.  Tlie  demand  thus  nnule  is 
comi)aratively  insi<;nificant,  and  does  not  threaten  any  danger.  The 
United  States  lia\e  no  desire  or  intenticm  to  <ait  otf  from  these  rude 
iidiiil)itants  any  of  their  means  of  subsistanco.  Their  history  and  cir- 
cumstances have  made  tiiem  familiar  with  the  survivals  of  barbai'ii;  life 
in  the  midst  of  (-ivilized  conditions.  They  have  steadily  ]Mirsued  the 
l»olicy  of  securinj;-  lo  su(;]i  tribes,  as  long  as  possible,  the  benetit  of  the 
sourci's  of  subsistance  upon  which  they  had  been  accustomed  to  rely. 
They  sui»])ose  it  may  be  safely  left  to  them  to  insure  to  these  people 
such  an  enjoynu-nt  of  tiie  seal  herds  as  they  orijjinally  had,  or  the 
property  interest  which  they  justly  claim  may  be  reco}::'iiized  suhjcct  to 
a  reasonable  use  by  the  Indians  upon  the  coast,  such  as  they  have  here- 
tofore eiijoye<l.  But,  surely,  this  claim  of  the  Indians  can  not  be  imide 
a  cover  for  the  i)rosecution  of  a  destructive  warfare  u])on  a  valuable 
race  of  animals.  The  civilized  man  can  not  assert  for  himself  the 
license  of  the  barbarian.  If  that  can  not  be  confined  to  the  barbarian, 
it  must  be  j^iven  up  altofjjether.  The  exacting  demands  of  civilization 
nmst  be  met  by  the  methods  of  civilization. 

It  may  be  asked  whether  the  claim  nuule  by  the  United  States  goes 
to  the  extent  of  asserting  a  legal  right  of  property  in  any  individual 
sml  whicli  may  at  any  time  be  t\)und  in  the  seas  between  the  Pribilof 
Islands  at  the  north  and  the  coast  of  California  at  the  south?  And 
whether  tliey  would  insist  tlmt  in  the  case  of  any  seal  captured  any- 
where within  those  limits  by  any  person  other  than  a  native  Indian,  and 
for  purposes  of  scientific  cunosity,  or  to  satisfy  hunger,  a  trespass  had 
been  committed  npon  the  ])roporty  of  the  United  States,  and  an  action 
might  be  nmintained  in  their  name  in  a  nninicipal  tribunal  to  recover 
damages,  or  for  the  recovery  of  the  skin  of  the  animal,  if  it  should  any- 
where be  found.  The  United  States  do  not  insist  upon  this  extreme 
point,  because  it  is  not  necessary  to  insist  upon  it.  All  that  is  needed 
tor  their  puri)oses  is  that  tUciv  property  interfHtin  the  hcrd.s  should  be  so 
far  recognized  as  to  Justify  a  i>rohibition  by  them  of  any  destructive  pur- 
suit of  the  animal  calculated  to  injure  the  industry  prosecuted  by  them 


IMIOI'KRTY    IN    TIIK    ALASKAN    SI,AL    ]\VAlU. 


lO.-j 


on  tlio  isliuuls  iipoii  tho  b;isis  of  fheii'  property  interest.  The  eoncep- 
tion  of  ii  pfopcrtfi  interest  in  the  herd,  ns  distiiiet  from  ii  particular  title 
to  every  seal  composing  tlie  licrd,  is  clear  and  intellijiihle;  smd  a  rec- 
ognition of  this  wonld  enable  the  Ignited  States  to  adopt  any  reiis()nable 
measures  for  the  protei^tion  of  such  interest. 

It  is,  of  course,  necessary  to  an  acdial  appropriation  of  property 
that  the /H7e«/ to  ai)propriate  slionld  be  evidenced  l)y  some  act.  Tliis 
rcupiirement  has  been  fully  satislied  by  the  United  States.  Every  act 
by  which  that  intent  could  be  numifested  has  been  i)eiformed.  They 
liave,  in  every  practticable  form,  exenMsed  art.  indiistiy,  and  self-denial 
in  protecting  the  seals  upon  their  soil  and  gathering  the  increase  for 
the  purposes  of  comnu'rce  with  the  world,  an<l  they  have  in  all  prac- 
ticable forms,  by  their  laws,  by  executive  proclamation,  and  the  ex- 
ercise of  force  upon  the  high  seas,  endeavored  to  prohibit  all  invasions 
of  their  property  interest. 

It  is  believed  that  of  the  three  conditions  hereinbefore  mentioned  as 
requisite  to  assert  a  right  of  property  in  the  seal  herd,  a  compliance 
with  the  only  oue  which  can  be  the  subject  of  debate,  namely,  suneepti- 
hility  of  appropriation,  has  now  been  fully  established;  and  wo  need  no 
longer  delay  the  final  conclusion  that  the  United  States,  and  they 
alone,  having  such  a  control  over  the  Alaskan  seal  herd  fis  enables 
them  by  the  practice  of  art,  industry,  and  self-denial  to  make  the  entire 
product  fully  available  for  the  wants  of  mankiml  without  diminishing 
the  stock,  and  having  asserted  this  contiol  and  exercised  the  r(!quisito 
art,  industry,  and  self-denial  in  order  to  acc.om])lish  that  great  end, 
have,  uuder  principles  everywhere  recognized,  both  in  the  law  of  nature 
and  in  the  concurring  municipal  jurisprudence  of  all  civili/ed  States,  a 
property  interest  in  that  herd. 

It  is  a  satisfaction  to  the  undersigned,  and,  as  they  conceive,  no 
unimportant  feature  of  their  argument,  that  in  the  foregoing  discus- 
sion no  seltisli  pretension  had  been  asserted  by  the  United  States,  nor 
one  in  the  least  degree  hostile  to  Great  Britain.  The  Government  of 
the  United  States  neither  asserts  any  principle,  nor  asks  for  any  ad- 
judication which  is  not  for  the  conuuon  interest  of  the  world  as  nuich 
iis  for  itself.  The  fundamental  truth  that  this  useful  race  of  animals 
is  the  property  of  maidcind  is  not  changed  by  the  circumstance  that 
the  custody  and  defense  of  it  have  fallen  to  the  lot  of  the  United 
Slates.  Their  appearance  as  a  litigant  in  this  forum  may  bo  said,  in  a 
very  just  seuse,  to  be  fortuitous.    The  real  controversy   is  between 


nr 


106 


AllGlIMENT   OF    THE    UNITED    STATES. 


f  !m' 


those,  wlierovor  tlicy  may  dwell,  who  want  the  seals,  iind  the  Canadian 
pelagic  Healers,  who  are  thieatetiiiij?  the  exteniiiiiatioii  of  them.  If  that 
daiifjer  ean  be  averted  by  the  inetliod  which  alone  can  be  ert'eetive,  the 
reco},niition  of  a  property  interest  in  the  United  states,  the  beneht  will 
accrue  equally  to  all.  The  seal  skins  will  be  furnished  to  the  citizens 
of  Great  Britain  and  of  all  other  nations  upon  the  same  terms  upon 
which  they  are  obtainable  by  citizens  of  the  United  States.  Th(^  larjje 
interests  of  Oreat  iJritain  in  the  manufacture  of  the  skins  will  be  re- 
lieved from  the  peril  which  threatens  them.  None  will  be  losers,  save 
those  who  are  en{;aj;ed  in  tlui  cruel  pursuit,  fcu'bidden  by  the  law  of 
nature,  and  by  every  sentiment  of  humanity,  of  destroying;'  this  useful 
race  of  animals.  And  the  loss  even  to  them  would  be  comparatively 
small,  for  the  pursuit  under  present  conditions  can  not  continue  for 
more  than  a  very  short  period. 

The  United  States  may,  indeed,  derive  a  profit  pe(!uliar  to  themselves 
as  the  cultivators  of  the  herd;  but  this  is  the  just  reward  of  their  in- 
dustry, abstinence,  and  care,  and  no  more  than  eveiy  other  nation  in 
respect  to  products  peculiar  to  itself.  Without  these  voluntary  cflTorts 
the  herds  would  be  speedily  swept  away.  Tiuiir  present  existence  and 
numbers  are  absolutely  due  to  these  eli"orts.  It  is  by  such  means  alone 
that  nature  makes  her  gifts  fully  available  to  their  desired  extent  to  all 
nations.  The  advantages  which,  in  the  partition  among  nations,  have 
fallen  under  the  power  of  the  United  States,  it  is  their  duty,  and  their 
duty  to  mankind,  to  improve.  The  rights  and  interests  of  mankind  are 
properly  asserted  in  this  international  forum ;  but  they  can  be  asserted 
only  through  the  United  States.  If  the  world  has  the  right,  as  it  cer- 
tainly has,  to  call  upon  that  nation  to  make  the  benefits  which  nature 
has  assigned  to  its  custody  available,  it  must  clothe  it  with  the  powers 
which  are  requisite  to  that  end. 

If  the  United  States  have,  as  hi)«  now  been  shown,  a  property  interest 
in  the  Alaskan  herd,  the  undersigned  conceives  it  to  be  a  certain  con- 
sequence that  they  have  the  right  to  protect  it  anywhere  upon  the  high 
seas  against  injury  or  invasion,  by  such  reasonable  exercise  of  force  as 
may  be  necessary.  This  proposition  will  be  fully  discussed  in  connec- 
tion with  the  subject  next  to  be  considered,  of  the  rights  acquired  by 
the  United  States  in  the  sealing  industries  carried  on  by  them  upon 
the  Pribilof  Islands. 

If  the  foregoing  argument  is  successful  in  showing  that  the  United 
States  have  a  property  in  the  Alaskan  seal  herd  their  right  to  protect 


[Jatiadian 
.    If  that 
etivc,  the 
!iieht  will 
e  citizens 
rnis  upon 
Tho  large 
vill  be  re- 
sers,  save 
he  law  of 
his  useful 
laratively 
itiuue  for 

liemselvcs 
f  tlieir  in- 
•  luition  in 
ary  efforts 
itence  and 
eans  alone 
:tent  to  all 
ious,  have 
,  and  their 
a,nkind  are 
)e  asserted 
b,  as  it  cer- 
lich  nature 
the  powers 

:ty  interest 
ertain  con- 
3n  the  high 
!  of  force  as 
in  connec- 
icquired  by 
them  upon 


PBOrKRTY   IN   THE   ALASKAN   SKAL    HERD. 


107 


that  property  anywhere  upon  the  seas  where  it  and  they  have  the  right 
to  (JO  is  a  proi)ositi<)n  scarcely  open  to  question.  The  rights  of  a  nation 
of  all  descriptions  upon  the  high  seas  are  uniformly  protected  by  the 
direct  exercise  of  the  powers  of  the  luition.  There  is  no  other  way  of  pro- 
tecting them.  The'e  is  lu)  general  sovereign  or  tribunal  over  nations 
before  which  an  alleged  trespassing  nation  can  be  summoned  for  judg- 
nient.  But  the  nature  and  extent  of  this  self-protection  will  be  fully 
discussed  under  the  next  head  of  this  argument,  devoted  to  that  aspect 
of  the  property  question  particularly  presented  by  the  sealing  industry 
maintained  by  the  United  States  upon  the  Pribilof  Islands.  If  they 
have  the  right  to  protect  that  imhistr!/  against  invasion  by  acts  com- 
mitted upon  the  high  seas,  they  have,  a  fortiori,  the  sauje  right  to 
protect  their  j}rojjerly  on  that  element. 

James  C.  Cabieb. 


the  United 
t  to  protect 


w 


108 


AliGUMENT   OF   THE    UNITED   STATES. 


'If 


APPRXDIX  TO  TAUT  THIRD,  PIVISTOX  T  (MR.  CARTFXS 

AUl^lIMKNT). 

AUTHORITIES  UPON    THF.    SUBJECT    OF    PROPERTY    IN   ANIMALS 

FERiE  NATURiE. 

[Fiom  Studies  in  Tioman  T.iiw,  by  Lord  Miirkonzie  (Gth  oditioii),  l-diiilmrgh  ivud 

J.ondon,  188(5,  chnijtcr  iii.  pagd  174.] 

WiUI  nnimnla. — All  wiUl  iinimals,  wlietlu'r  boiists,  birds  or  flsli,  full 
nmlcr  this  rule,  so  tliiit  cvfdi  when  they  aro  eaufjht  by  a  trospiisscr  on 
another  iniin's  hind  they  belon<j'  to  the  taker,  uidess  tlu^y  are  expressly 
deeliued  to  be  forfeited  by  s(tnie  ])eiial  law,  (Inst.,  L',  1,  12;  (lains,  *J, 
()«»-(}!>;  DijLj.,  41,  I,.'i,  pr.  'tit).  Deer  in  a  forest,  rabbits  in  a  warren,  lisli 
in  a  i)ond,  ()r  other  wild  animals  in  the  keej)inj>'  or  ])os-;ession  of  the 
first  holder  <':ni  not  be  appro])riated  by  another  unless  tl'  re<;ai!i  their 
liberty,  in  which  ease  they  are  free  to  be  a},'ain  aequirei  ly  oeenpaney. 
Tame  or  doniestieated  creatures,  such  as  horses,  sheep,  poidtry,  and 
the  like,  rein;iin  the  property  of  tiieir  owners,  thoufih  strayed  or  not 
confined.  The  same  rule  i)revails  in  rejiurd  to  such  wild  iininuils 
already  a|>i)i()priated  as  are  in  the  hiibit  of  returning  to  their  owners, 
such  iis  ])igeoiis.  hawks  in  ]>ursnit  of  j;inne,  or  bees  swarming  while 
pursued  by  their  owners  (Fust.,  -f,  1,  14,  15). 

[From  Gaiiis's  Eloinciits  of  IJoiiiiiii  Law,  translated  l»v  Edward  Posto,  (LM  cd.)i 

Ost'ord.     1875.  J 

Sec.  08.  In  those  wild  animals,  however,  which  are  hiibitimted  to  go 
away  and  return,  as  i>igeons,  and  bees,  and  deer,  which  hnbitnally  visit 
the  forests  and  return,  the  rule  has  been  handed  <lown  that  (»nly  the 
cessation  of  the  instinct  of  returning  is  the  termination  of  ownership, 
and  then  the  pro]»erty  in  them  is  ac(iuired  by  the  luixt  occupant;  the 
instinct  of  ret  irning  is  held  to  be  lost  when  the  habit  of  returning  is 
discontinued. 

[From  Vou     'vigny  on  Poaaoasion  in  tlio  Civil  Law,  compiled  by  Kollelicr.] 

With  respc  t  to  the  ])ossessiou  of  animals  these  rule.s  are  to  be  ap- 
plied thus: 

First.  Tau)  animals  are  ])ossessed  like  all  other  movables,  L  e.,  the 
possession  o'  them  ceases  wlien  they  can  not  be  found.  Second.  Wild 
animals  are  only  ))ossessed  sohaig  as  some  siteeialdisjjosition  (custodia) 
exists  which  euai)h's  us  actually  t<»  get  them  into  our  power.  It  is  not 
every  custodia,  therefore,  which  is  sutlicient;  whoever,  for  in  stance,  keeps 
wild  animals  in  a  park,  or  lish  in  a  lake,  has  undoubtedly  doiu'  some- 
thing to  secure  them,  but  it  does  not  dei)end  on  his  mei-e  will,  but  on  a 
variety  of  accidents  whether  he  can  actually  catch  them  when  he 
wishes,  consequently,  ])ossession  is  not  heie  retained;  quite  othei'wise 
Avith  fish  kept  in  a  stew,  or  animals  in  a  yard,  because  then  they  maybe 
caught  at  any  moment  (lib.  3,  sees.  14,  lo,  de  poss).    Third.  Wild  beasts, 


AITKNIJIX   TO    PART   TIIIUD — 1)1VI81<»N    I. 


10!) 


Tiunod  artiflciiilly,  ar«'  likcni'd  to  (lonn'sticiittMl  Miiiiiiiils  so  loii;;  ns  tliry 
retain  Hh^  hahit  of  rt'tiiniiiii;  to  the  spot  \vlicr»>  tlicir  possessor  Uei'|>!i 
them  (Uonev  onitniun,  i.  c,  ronsiK tiiflhitm,  rmttiHtii  huhnU). 

fFroin  riiU'omlorr,  Fwnv  of  Niitiiri>  aii<l  Niifions,  li  ..  iii.  <;ip.  1,  scr.  3.] 

Altlioiiffli  a  lo.ss  seems  to  refer  propi'i'ly  t(»  ])i'opert.v,  .v«'t  by  us  it  will 
be  j-eiu-rally  aeeeideil  as  eiiiltraciiiy  all  iiijiiiy  that  relates  to  (lie  body, 
I'aiae  and  iiiodt-sty  of  man.  So  it  si;inifies  every  injnry.  eorrnption, 
<liminntion  or  rcmoN'al  of  that  wliich  is  ours,  or  inter<'eption  of  that, 
whi(di  in  perfect  Justice  we  ouj;lit  to  have;  whether  jiiveii  by  nature  or 
conccdecl  by  an  antecedent  hnnian  act  or  law;  or,  linally.  the  onrission 
or  dennii  of  a  <'Iaim  which  another  may  have  upon  ns  l)y  actual  obli;^-a- 
tion.  'i'o  this  tends  the  l.'ltli  heclaniation  of  (,>uintilian.  where  ho 
l»lainly  shows  that  one  had  iMtlicted  a  Inss  who  poisoned  the  llowers  (»f 
liis  own  jiardeii  whereby  his  neii;hl)or's  liees  perished.  Vet  the  cou- 
vincin;;-  reason  consists  in  this:  Since  all  a^ireci  thatbec^s  arc  a  wsindtM-- 
in;;'  kind  of  animate  life,  and  because  they  can  in  no  way  bo  iiccu.s- 
tomed  to  take  their  food  from  a  jiiven  place;  theielbre,  whenever  there 
is  a  ri;;:ht  of  taking;'  them,  therc^  also,  it  is  understood,  is  lai<l  a  {icn- 
enil  injunction  to  be  observed  by  all  neij;hbors,  to  permit  bees  to  wander 
everywliere  without  hindrance  from  anyone. 

[From  Bracton,  111),  ii,  cai).  1.] 

The  dominion  over  thinj^s  by  natural  ri^lit  or  by  the  riglit  of  nations 
is  ae(|uir('d  in  vari(»us  ways.  In  the  tirst  place,  tlirouj;h  the  fust  takinj; 
of  those  thiuj^s  which  beloiif>'  to  no  peison,  and  wiiiciji  n(tw  belong'  to  the 
Kinji'  l)y  civil  rijjht,  and  are  not  ccunmon  as  of  olden  time,  such,  for  lU- 
stjim;e,  as  wild  beasts,  biids,  and  lish,  and  all  animals  which  are  born  on 
the  eirtli.  or  in  the  sea,  or  in  the  sky,  or  in  th«'  air;  wherever  they  may 
be  eai)tured  and  whereverthey  shall  have  been  captured,  they  be;j,in  to 
be  mine  because  they  are  coerced  under  my  keepin;;",  and  by  the  sam(i 
leasoii,  if  they  escape  from  uiy  keepinjj;,  ami  reco\er  tluMi'  natural 
liberty  they  eease  to  be  mine,  and  aj^aiii  belong-  to  the  tirst  taker.  Mut 
they  recover  their  natural  liberty,  then,  when  they  have  either  escaped, 
from  rayisif'ht  in  the  free  air,  and  are  no  longer  iu  my  kcepin.u',  or  when 
they  are  within  my  si<;ht  under  such  circumstances,  that  it  is  impossi- 
ble for  nie  to  overtake  them. 

Occupation  also  eom])rises  tishinjf,  huntinji-,  and  capturinf"-;  i)ursuit 
alone  does  not  makc^  a  thiii^'  mine,  for  although  I  have  wounded  a  wild 
Iteast  so  that  it  may  be  captured,  nevertheless  it  is  not  min(^  unless  I 
capture  it.  On  the  contrary  it  will  belong"  to  him  wlio  lirst  takes  it, 
for  many  thinj^s  nsually  ha[»pcn  to  prevent  the  capturin,iL!,"  it.  Likewise, 
if  a  wild  boar  falls  into  a  net  whi<'h  I  have  spread  for  huiitin,u,-,  and  [ 
have  carried  it  ott",  havinj;'  with  mu/h  exeition  extracted  it  from  the 
net,  it  will  be  mine,  if  it  shall  have  c(ime  into  my  jtower,  unless  custom 
'ir  privilege  rules  to  the  contrary.  Occupation  also  includes  shuttiny; 
uji,  as  in  the  case  of  bees,  which  are  wild  by  nature,  for  if  they  should 
have  vsettled  on  my  tree  they  would  not  be  any  the  m(ue  mine,  until  I 
liave  shut  them  U])  in  a  hive,  than  birds  which  have  made  a  nest  in  my 
tree,  and  therefore  if  another  person  shall  shut  them  uj),  he  will  have 
liie  dominion  over  them.  A  swarm,  also,  which  has  llown  away  out  of 
my  hive,  is  so  long  understood  to  be  mine  as  hmg  as  it  is  in  my  sight, 
and  the  overtaking  of  it  is  not  imjiossible,  otherwise  they  belong  to  the 
lirst  taker;  but  if  a  person  shall  capture  them,  he  does  not  make  them 
liis  own  it'  Uc  shall  know  that  they  arc  another's,  but  he  cummils  a  theft 


no 


ARGUMENT    OF    THE    UNITED    STATES. 


iiiiloss  lielins  tlio  intoD^'ioii  to  rostoro  tliciii.  And  these  tliinus  iire  triio, 
unless  sometimes  tVom  custom  in  s(»me  ]»iirls  the  ])iiictice  is  otheiwise. 
What  has  been  said  above  apjdit's  to  iuiimals  which  liave  remained 
at  all  times  wild;  and  it  wild  animals  lia\e  been  tamed,  and  they  by 
liabit  .n'o  out  and  return,  fly  away,  and  fly  back,  such  as  deer,  swans, 
seal'ovvls,  and  doves,  and  such  like,  another  lule  has  been  iipjtroved, 
that  they  are.  so  lonj;'  considered  as  ours  as  loiiu'  as  they  have  the  dis- 
])osition  to  return;  for  if  tliey  ha\e  no  disposition  to  return  they  cease 
to  be  ours.  T.ut  they  seem  to  cease  to  ha\e  the  disposition  to  r<'turn 
when  they  have  abandoned  the  habit  ot  retnriiiiijn-;  and  the  same  is  said 
of  fowls  and  <>'eese  which  ha\e  be(;ome  wild  alter  beinu'  tamed.  But  a 
third  rule  has  been  a|>pio\ed  in  the  case  of  domesti<'  animals,  that  al- 
though tame  jieese  and  tbwls  ha\('  escjiped  out  of  my  sinht,  ne\-ertlie- 
less,  in  whatever  placii  they  nuiy  be.  they  ar(!  understood  to  be  mine, 
and  he  comnnts  a  thett  who  retains  them  with  the  intention  of  inakin/^' 
ji'aiu  with  th  'm.  This  kind  of  occui»atii)n  also  takes  iilace  in  the  cast* 
of  those  thin,i;S  -which  are  captured  from  the  enemy,  as,  Ibi'  instance,  if 
free  men  have  been  reducc-d  into  slavery  and  shall  escji]»e  from  our 
]»ower  they  recover  their  former  state.  JJkewise  the  same  sjx'cies  of 
occupation  has  a  ]>lace  in  the  case  of  th(»se  thin.us  whi<'h  are  common, 
as  in  the  case  of  the  sea  and  the  seashore,  in  the  case  of  stones  and 
{jems  and  other  things  found  on  the  seashore.  The  sanu'  rule  a])i)lies 
to  islands  which  spiiu";'  u])  in  the  sea  and  to  th.inys  left  derelict,  unless 
there  is  a  custom  to  the  contrary  in  laNor  of  the  public  treasuiy. 

[From  Bowycr,  Moilcru  Civil  Liiw,  imgc  72.] 

Wild  animals,  therefore,  and  birds,  and  fish,  and  all  animals  that  are 
produced  in  the  sea,  the  heavens,  and  flie  earth,  become  the'  pro])erty, 
by  natural  law,  of  whoever  takes  i)ossession  of  them.  The  reason  of 
this  is,  that  whatever  is  the  ]»roperty  of  no  man  becomes,  by  natural 
reason,  the  ])roi)erty  of  whoever  occupies  it. 

It  is  the  same  whether  the  aninuds  or  birds  be  cauj;ht  on  the  prem- 
ises of  the  catcher  or  on  those  of  another,  fbit  if  any  one  enters  the 
land  of  another  to  spoit  or  hunt,  he  may  be  warned  off  by  the  owner 
of  the  land.  When  you  have  cau.yht  any  of  these  animals  it  renuiins 
yours  so  louj;'  as  it  is  under  the  restraint  of  your  cuslody.  liiitas  soon 
as  it  has  escajjed  from  yonv  keepinu'  and  has  restoretl  itself  to  natural 
liberty,  it  ceases  to  be  yours,  and  a^ain  becomes  the  [)i'operty  of  who- 
ever occupies  it.  The  aidnnd  is  undei'stood  to  recover  its  natural  lib- 
erty when  it  has  vanished  from  ycmr  si<>ht,  oris  before  your  eyes  untb'r 
such  circumstances  that  ]uusuit  would  be  dillicult. 

Jlere  we  lind  the  celebrated  maxim  of  (iajus:  (jKod  nitllius  est,  id  ra- 
tione  nalurali  oecupauti  voneeditur.  It  is  founded  on  the  followin<j 
doctrine:  (jrantinu  the  institution  of  the  I'ijihts  of  projx'rty  amon,n' 
maidvind,  those  thinji's  are  each  man's  [»roperty  which  no  other  man  has 
ariiiiitto  take  from  him.  N(»w,  no  one  has  a  ri<;ht  to  th.it  which  is  rex 
nuUins;  coiise(iuently,  whoever  possesses  rem  nuUim  possesses  that 
which  no  one  has  a  ri.niit  to  take  from  liii;i.    It  is  therelbre  his  i)roperty. 

''ut  this  general  ri^iit  of  acquiring  thin.us  by  occupancy  is  sul»jeet  to 
an  im])oi'taut  qualilication.  (irotius  justly  arjiues  that  it  is  not  an  ab- 
solute riyht.  tor  thouyh  it  is  indeed  founded  on  natural  law,  it  is  mat- 
ter of  jiermissive  law,  ami  not  one  which  recpiires  that  full  liberty 
should  b(^  lelt  to  men  to  avail  themselves  of  it,  since  such  liberty  is  un- 
necessary in  many  <'-ases  tor  the  welfare  of  nuiidxind,  and  nmy  even,  as 
Uluckstone  observes,  be  prejudicial  lo  the  peace  of  society  it"  it  be  not 


ri>^ 


APPENDIX     lO    I'AUT    THIRD DIVISION    I. 


Ill 


re  tr\io, 
iMw  isc. 
maiiu'd 
tlicy  by 
,  swans, 
l)rov('il, 
the  (lis- 
■y  cease 
;>  return 
I'  is  said 
But  ii 
that  al- 
evertlie- 
l)e  mine, 
■  niakin)^,' 
tlie  ease 
,tanee,  if 
Voin  our 
pceii's  of 
I'onniion, 
.)nes  and 
e  applies 
!t,  \inless 


;  that  are 
ir(t])erty, 
reason  of 
natural 


he  prem- 
iers the 
le  owner 
remains 
',  as  soon 
natural 
of  who- 
ural  lil> 
es  uniler 

'.s^  id  ra- 
oUowiu^- 
auiou};' 
man  has 
ieii  is  res 
sses  that 
property. 
;ul)iect  to 
lot  an  ab- 
it  is  nuit- 
11  liberty 
rty  is  un- 
even, as 
it  be  not 


limited  by  positive  law.  Uarbeyrac  alsoarjjues  that  wheica  eountry  is 
taken  ()ssession  of  by  a  body  of  men.  il  Iteeonies  the  projieity  of  that 
body  or  of  the  person  who  represents  them,  and  that  therefore  the  riyht 
of  tlie  indixidual  members  to  take  possession  of  portions  of  it  or  any  of 
the  thinj^s  therein  ei.nlained.  may  lie  restricted  or  taken  away,  aecoi'd- 
iii.U'  as  the  welfare  of  the  coniniunity  may  demand.  These  principles 
are  a]>plicable  to  the  whole  jurispiudence  of  acMpusition  by  occupancy. 

The  ae(iuisition  of  thinjis  tan.uible  must  be  made  nn-jxin'  cf  aiiimo — 
that  is  to  sa>.  I»y  an  outwaid  act  si;;'nil'vinf;'  an  intention  to  ]>ossess. 
The  necessity  of  an  outwaid  a('t  to  eomnience  holding'  a  thin.u'  in  <lo- 
minion  is  Ibunded  on  the  prinei]>le  that  a  will  (U- intention  cannot  have 
!e;;al  etfect  without  an  oulwai(l  act  declaiiny  that  intention,  and  on 
the  other  hand  no  man  can  be  said  to  have  the  dominion  over  a  thing 
which  he  has  no  intention  of  possessing'  as  hi.s.  Thus  a  man  can  not 
(le])rive  others  of  their  I'ight  to  take  ])ossession  of  vacant  i)r(»perty  by 
merely  considering  it  as  his,  without  actually  a|>proi»riating  it  to  him- 
self; and  if  he  possesses  it  without  any  will  ol  aiti)roi)riating  it  to  him- 
self it  can  not  be  held  to  have  ceased  to  be  ren  hiiIUks. 

The  intention  to  jtossess  is  to  be  presumed  wln'rever  the  outward  act 
shows  such  an  intention,  for  that  is  to  be  presumed  which  is  most 
probable. 

The  outward  act  or  possession  need  not,  however,bcnKiniml,  for  any 
si»ecies  of  possession,  or,  as  the  ancients  exi)ressed  it,  cuntodia,  is  a 
sullicient  ai)i)ropriation. 

The  general  ])rincii)lo  res])ecting  the  acquisition  of  aiumals  ferce 
ndtiinv  is.  that  il  is  absurd  to  hold  an\  thing  to  be  a  man's  ]»roperty 
which  is  entirely  out  of  his  ])()wei'.  Ibit  (irotius  limits  the  application 
of  that  princii»le  to  the  acfjidsitioii  of  things,  and  therefore  Justly  dis- 
sents from  the  doctrine  of  (iajus  given  abo\e,  that  tlu'  .inimal  becomes 
again  res  xiillins  inniu'diately  on  reciivering  its  libeity,  if  it  be  difhcult, 
for  the  lirst  occupant  to  retake  it.  lie  argues  that  wlu'n  a  thing  has 
becoM'e  the  projiei  ty  of  any  one,  whether  it  be  afterwards  taken  from 
him  by  the  act  of  man,  or  whetlfer  he  l(»se  it  from  a  natural  cause, 
he  doesn(»t  necessarily  lo.>>e  his  right  to  it  together  with  the  possession; 
lint  that  it  iy  reasonable  to  i)resume  that  the  pi'o])rietor  of  a  wild  ani- 
mal must  have  renounciMl  his  right  to  it  when  the  animal  is  gone 
heyoiul  the  ho]ic  of  recoveiy  and  w  here  it  could  not  be  identilied.  lie, 
liierefore.  argues  that  the  right  of  ownershi[>  to  a  wihl  animal  may  be 
i<'ndercd  lasting,  notwithstanding  its  llight.  by  a  mark  or  other  artili- 
1  ial  sign  by  A\hirh  tlie  creature  may  be  recognized. 

With  regard  to  tisli,  Voet  aiguesthat  when  they  aie  included  within 
artilici.il  boundaries  they  are  private  i)roperty,  but  that  when  they  are 
ill  a  lake  or  other  large  i)iece  of  natural  water,  though  tlit^  i)roprietor 
of  the  land  may  have  a  right  oflishery  then-,  yet  the  lish  are  in  their 
natural  state  of  liberty,  and  <'onse(iueidly  they  can  not  be  his  property 
until  hehas  brought  tlieni  within  his  [i(»wer  by  catching  them. 

It  was  disputed  among  the  ancient  Koman  jnrisconsulti  whether  a 
wild  animal  becomes  immediately  the  property  of  whoever  wounds  it 
•'O  that  it  can  be  st cured,  or  whether  it  becomes  the  property  of  him 
only  who  actually  secures  it.  And  .Justinian  (onlirmed  tiu;  latt»u' 
oiiinion,  because  many  circumstances  might  occur  to  prevent  the 
\\oiiiided  animal  being  taken  by  him  who  wounded  it. 

iJees,  also,  ai«'  of  a  wild  nature,  and,  therefore,  they  no  more  beconio 
;lii'  pro])erty  of  the  on  iier  of  the  soil  by  swarnn'ngin  his  trees  than  do  the 

'lids  which  build  in  tln-m  ;  and  they  are  not  his  unless  he  inclose  them  in 
!  liive.    Conseipiently,  wiioever  hives  tUeni  makes  them  his  own.    And 


I  ; 


112 


ARGUMENT    OF    TIIK    l?NITED    STATES. 


i  . 

S    ! 


\vliil(>  tlicy  nro  wild  any  oiio  may  cnf  olf  tlio  lionpycoinhs,  tliouffli  tlio 
owner  (»r  tlic  liiiid  may  pifvcut  tliis  by  waniiii;^'  oil'  trespasscis.  And 
a  swarm  llyin;;  from  a  liivc  b('lon<;s  to  tlio  owner  of  tlie,  hive  so  lonjr  as 
it  is  witiiin  iiis  sij;lit,  but  otherwise  it  is  tlie  property  of  whoever  takes 
possession  of  it. 

^Vitil  re,ua»'<l  t<»  creatures  which  liave  the  hal)it  of  jr^'inS'  iuid  retiirii- 
in<i'.  such  as  pigeons,  they  remain  the  property  of  those  to  whom  they 
l)('h>n.u'  so  hiny  as  tiiey  retain  the  (iiiiiiiiis  rcrcrtcndi  or  disjiosition  to 
leliirn.  l'>nt  when  tliey  lose  that  disposition  they  become  t lie  proi)erty 
of  wlionisoe\cr  secures  them.  Ami  they  must  be  held  to  liavi^  htst  the 
(iiiimuN  rcrrftcndi  as  soon  as  tliey  ha\(!  lost  the  lud)it  of  returninj;'. 
Such  are  the  doctiiiK's  of  flic  INaiian  law,  which  areconfonnable  to  the 
En};lish  law,  with  tlie  (pialilication  of  (Irotius.  which  is  ai)plicable  to 
the  case  of  all  aninnils  /r/vr  »r////<7r,  that  is  to  say,  that  a  mark  or 
collar  ]»rev('iits  the  I'ijihts  of  the  i»roprietor  of  a  wild  animal  beiny  ex- 
tinguished l)y  its  esca])e  from  his  si.nht  and  pursuit. 

[I'roiu  L'()i)iKa''B  Jiistinhiii  (lil).  ii,  tit.  1,  m'"^.  11  tt  «((/).] 

Seo,  11.  /)e  h'i'huft  Siufinlonnii. — There  are  various  means  by  which 
tliinji's  be(M)nu'  ])rivate  property.  Of  some  we  obtain  dondnion  by  the 
law  of  nature,  which  (as  we  have  already  obscrxcd)  is  also  calleil  the 
law  of  nations;  of  others,  by  the  civil  law.  15ut  it  will  be  most  con- 
venient to  l)ej;in  from  the  more  ancient  law;  that  law,  which  nature 
established  ar  the  birth  of  manUind;  for  civil  laws  could  then  only 
be.yin  to  exist  when  cities  be,i;an  to  be  built,  magistracies  to  be  created, 
ami  laws  to  w,  written. 

iSi'.c.  I-!.  I>c  Oci-iiptitioitc  Ferarnni. — Wild  beasts,  birds,  fish  and  all 
animals,  bred  either  in  the  sea,  the  air,  or  upon  the  I'arth,  so  soon  as 
they  are  taken,  become  by  thelaw  of  nations,  t  lie  jiroperty  of  the  cajttor; 
for  natural  reason  .yives  to  the  liist  occujiant,  that  whi(di  had  no 
pr(n'ious  owner:  and  it  is  n(»t  matei'ial  whether  the  man  takes  wild 
lieasts  or  birds  u|i!!ii  his  dwn.  or  ujton  the  .ground  of  another;  alilnui.yii 
whoever  hat  li  ent<'red  into  the  j;roun<i  of  another  for  the  sake  of  huiitinii" 
or  fowliuii'.  nd.ylit  have  been  iirohil)ited  by  the  proitrietor,  if  he  had 
foreseen  the  intent.  A\'hate\t'r  of  this  kind  you  take,  is  re,uarded  as 
ycuir  i)rop'Tly  while  it  remains  undi-r  your  coercion;  but  when  it  hath 
escaped  your  custody,  ami  recovered  its  natural  liberty,  it  ceases  to  b(^ 
yours  and  liecomes  the  properly  of  the  first  who  seizes  it.  It  is  undei'- 
slood  to  lia\e  recoxcred  its  nati.'al  liberty,  if  it  hath  escajx-d  your 
si^ht;  or  although  not  out  «d'  sij^l  t,  yet  if  it  can  not  be  pursued  and 
retaken  without  .ureat  ditticnlty. 

8i;('.  l.'i.  />(,'  V nlDcnilioHr. — It  hath  been  (juestioned.  whether  a  wild 
beast  beloniis  to  him,  by  when'  it  hath  been  so  wounded,  that  it  maybe 
taken.  And,  in  the  opiidon  of  sou\e,  it  doth  so.  as  lon.<i'  as  he  pursues 
it;  but,  if  he  (piits  the  jtursuit.  it  ceases  to  be  his.  and  anain  becomes 
th(^  rii;ht  of  the  first  occupant,  ( )tliers  have  thought  that  proj»erty  in 
a  wild  beast  must  attach  to  the  actual  lakin;;'  it,  NN'e  confirm  this 
latt«'r  opinion;  because  nuuiy  accidents  hatipeii,  which  ]U'event  the 
«'apture. 

Sec.  If.  DrApihus. — Hees  also  are  wild  by  natuie;  therefore,  although 
they  swarm  upon  your  tree,  they  are  not  reputed,  until  they  are 
lii\('d  by  you,  to  be  moi'c  your  propeity  than  the  birds  which  have 
nests  tliere;  so,  if  any  other  jterson  inclose  tiiem  in  a  hive,  he  becomes 
their  i)roprii'tor.  Their  honeycond)s  also,  if  any,  become  tiu'  ])ro|'erty 
of  him  who  takes  them;  but  clearly,  if  you  observe  any  ])erson  enterinij 
iutu^uur  i^ruiuid,  the  object  untouched,  you  nuiy  justly  liinder  him.    A 


APPENDIX   TO   PART   THIRD DIVISION   I. 


113 


luffh  the 
IS.  And 
o  loiifT  as 
ver  takes 

il  vctnru- 
loin  tlu'y 
)sili()U  to 
])r()i)<'rty 
('  lost  tlui 
■ctnriiiiiji'. 

|l>l('tt»tllC 

liciiblc  to 

iiiarU   or 

boiny  cx- 


by  wliicli 
ion  by  tlic 
calU'il  the 

most  fon- 
cli  nature 

tlicn  only 
jc  created, 

■;li  and  all 
so  soon  as 
|:luM'ai)tor; 
h  bad  no 
takes  wild 
allhou.ii'li 
ofliiintinsx 
if  he,  bad 
L:,ar»led  as 
uMi  it  bath 
cases  to  be 
t  is  nnder- 
a])cd   your 
irsued  ami 

tliev  a  wild 
t  it  maybe 
he  pursues 
in  becomes 
»roperty  in 
inluni  this 
rcvent  the. 

e,  althouj;h 
1  they  are 
^hicli  have 
ic  beeomes 
c  proi-erty 
on  cuterini; 
er  hiiu.    A 


swarm  which  hath  tlown  from  your  hive  is  still  reputed  to  continues 
yours  as  huij;-  as  it  is  in  si^ht  and  may  easily  be  ]>ursue(l,  but,  in  any 
other  case  it  will  become  the  ])roperty  of  the  occupant. 

Bec.  1").  J)c  l'<iroiiil>us,  et  Coiuinhis,  ct  Cd'teris  Aiiimalihns  MansHC- 
focih. — Peacocks  and  ])iji'eons  ai'c  also  natr.i'aliy  wild;  noi'  is  it  any 
objection  that  after  every  tlijiht,  it  is  their  custom  to  rctiiin:  for  bees 
that  are  naturally  wild  do  so  too.  Some  have  had  deer  so  tanu'  that 
they  would  s<»  to  the  wo(»ds  and  return  at  re<;ular  ]ierio(ls;  yet  no  (»ne 
denies  but  that  decT  are  wild  by  nature.  Hut,  with  respect  to  animals, 
whieli  jjo  and  return  customarily,  the  rule  is,  that  they  arc  consi(lere<l 
yours,  as  lon^a;  as  they  retain  an  inclination  to  return:  but.  it  tliis 
(•eases,  lliey  cease  to  I)e  yoursj  and  will  again  become  tlic  property  of 
those  who  take  them. 

[TIic  (.'^90  of  Swans.     (7  Coke,  15  1).)] 

It  was  decided  that  a  prescription  to  have  all  wild  swans  which  arc 
fcrw  uatiirtr,  and  not  marked,  buildiuii'  their  nests,  brecdinji',  frecpu'nt- 
iujn'  within  a  ])articular  creek,  is  not  good.  I-'or  ''t\w,  i)rescrii>tion  was 
insullicient,  for  the  eil'ect  of  the  i>rescription  is  to  have  all  wild  swans, 
which  ivviiferw  natiira',  within  the  said  creek.  And  such  pres(;ripliou 
lor  a  wari'cn  would  l)e  insuflicient.  as,  for  e\aiiii)le,  to  have  all  i)ai't- 
rid^es  nuUjicuntcs  (lit/itoitcs,  and  frecpientinji'  witiiin  his  manor.  Jbit 
he  (mj»ht  to  say  to  liave  free  warren  of  them  within  his  manor;  he  can 
not  have  them  Jinr.  privilc;/!!  but  so  lon,<>"  as  they  art^  within  the  i)lace. 
]5ut  it  was  resolved  that  if  the  defendants  had  alle.ued  that  within  tln^ 
said  creek  there  had  been  time  out  of  nund  a  game  of  wild  swans  not 
ma.'ked.  building  and  bree(iing;  and  then  had  i»rcsc;ibed,  that  such 
abbot  and  all  his  jnedecessors  had  used  at  all  times  to  have  and  to  take 
to  their  use  some  of  the  said  game  of  wild  swans  and  their  cignets 
within  the  said  creek,  it  had  been  good;  Ibr  all  those  swans  are  royal 
Ibwls,  yet  in  such  nmnner  a  man  may  prescribe  in  them;  for  that  amy 
have  a  lawful  beginning  by  the  King's  grant.  For  in  the  .'{btii  i'Mward 
111  the  Iving  granted  to  C\  W.  all  wild  swans  unmarked  between  <)v- 
Ibrd  and  Lomlon  for  seven  years.  A  like  grant  was  nmdc^  of  wild  swans 
unmarked  in  the  County  of  Candn-idge  to  r.ei'<'ford,  K.  T.  (;.,  by  which 
it  appears  that  the  King  nniy  grant  wild  swans  unmarked;  and  by 
consequenci^  a  nmn  may  [uescribe  in  them  in  a  certain  i»lace  be<'auseit 
laay  have  a  lawful  beginning.  And  a  man  may  i)rescril>e  to  have  a 
royal  lisli  within  his  nnnior  as  it  is  held  in  .'>!)th  Kdward  lll,."ir».  tor  the 
reason  albresaid  and  yet  without  prescription  they  do  belong  to  the 
King  by  his  prerogative." 

In  the  sanu'  case  it  was  said  that  there  ;ire  three  manner  of  ])ropeity 
lights;  i)roperty  absolute,  projieity  (lualilieti,  i)roperty  possessory. 
l'roi)eity  (lualihed  and  possessory  a  man  may  have  in  those  animals 
nhich  are /era!  ii<itur(i\  ami  to  su(di  ])roi)ertya,  man  nniy  attain  by  two 
ways:  by  industry,  or  by  rntiour.  intpoii'ntkv  ct  loci.  IJy  industry  ashy 
iaking  tlniu  or  by  making  them  man.sKita  or  domcsiicd.  Ibit  in  those 
which  iuvferwnatnrfv  ancl  by  industry  arc  made  taiui'iaman  hath  but 
,1  (pmlitied  jiropcrty  in  them,  namely,  so  long  as  they  remain  taine,  Ibr 
il'they  do  attain  to  their  natural  liberty  and  h;i\i'  \u>t  (mini  iism-irtcndi, 
the  i>roperty  is  lost.  Rdtiitnv  iinimtentiw  et  loci  us  if  a.  man  has  yoinig 
lioshawks  or  the  like  which  are  I'ctucnntiuuv,  and  they  build  in  my  hnal, 
i  have  ])ossessory]>roi)erty in  them,  for  ifonc^  takestluMu  when  thcycan 
!iot  tly  the  owner  of  the  soil  shall  have  an  action  of  trespass.  I'.ut  when  a 
.nan  hath  savage  beasts  raliunc  priciUyii,  as  by  reason  of  a  park,  warrcu 
14749 — -a 


ww: 


1  ni 


:i 


114 


ARGUMENT    OF    THE    UNITED   STATED. 


&c.,he  liatli  not  any  property  in  the  deer,  or  coni(>s,  or  ])lieasantf,  there- 
Ibie  in  liis  aetion  he  shall  not  say  swin,  ihv  he  liath  nopro])erty  in  them 
and  tlu^y  do  bclonji'  to  liini  for  his  yanic  and  pleasure  so  long  as  they 
remain  in  tlu^  privileged  place. 

It  was  resolved  that  all  white  swans  not  marked,  wliich  liave  gained 
their  natural  hberty,  and  are  swimming  in  an  open  and  eonur.on  river, 
might  b<!  seized  to  the  King's  use  by  his  prerogative,  beeausc  Voldtilia 
{(jiKV  nuttt  fcrd  vaiunv)  alia  Hunt  rq/dlia,  aJia  comviviiiit;  *  *  *  as 
a  swan  is  a  royal  lowl;  and  all  those,  the  ])i<jperty  whereof  is  not 
known,  do  belong  to  the  King  by  his  jirorogative;  and  so  whales,  and 
sturgeons,  are  royal  fish,  and  belong  to  the  King  by  his  ])rerogati\e. 
*  *  *  Jbit  it  was  resolved  also  that  the  subjeet  might  have  i)roi)- 
erty  in  white  swans  not  marked,  as  some  may  have  swans  not  marked 
in  his  ])rivate  waters,  the  i)roperty  of  which  belowgs  to  him  and  not 
to  the  King;  and  if  they  esca])e  out  of  his  private  waters  into  an 
open  and  common  river,  he  may  bring  them  back  and  take  them  again. 
And  therewith  agiccth  Ihacton  (lib.  2,  c.  1,  Ibl,  !>):  ISi  uninn  ani 
mal'ia  /era  facta  fiierint  maiiNueto.  ct  ex  consuctndinc  cmtt  ct  rcdenut, 
rolaut  d  rcrohint,  (///  sunt  ccrri,  ctgni,  ])avonvH.  et  voliimba\  ct  Inijiis- 
modi)  cimsquc  nostra  intdlifinntur  quamdin  hohuerint  animnm  rcvcrtendi. 
But  if  they  have  gained  their  natural  liberty,  and  are  swimming  in 
open  and  common  rivers,  the  King's  oflicer  may  seize  them  in  the  oi)en 
and  common  river  for  the  King;  for  one  white  swan  without  such  ])ur- 
suit  as  aforesaid  <'an  not  be  known  from  another;  and  when  the  \)vo\)- 
crty  of  a  swan  can  not  be  known,  the  same  being  of  its  nature  a  lowl 
royal,  doth  belong  to  the  King;  and  in  this  ease  the  book  of  7  IJ,  0,  27,  b, 
was  vouched,  where  Sir  John  Tiptoft  brought  an  action  of  trespass  for 
■wrongl'ul  taking  of  iiis  swans;  the  defendant  pleaded  that  he  was  seized 
of  the  lordshi])  of  S,  within  which  hndshij)  all  those  whose  estate  ho 
liath  in  the  said  lordship  had  had  time  out  of  miml  all  estrays  being 
within  the  same  nuinor ;  and  we  say,  that  the  said  swans  were  estraying 
at  the  time  in  the  ]>]a(!e  where,  etc.,  and  we  as  landlords  did  vseize  and 
make  i)roclamati()ns  in  fairs  and  markets;  and  so  soon  as  we  had  notice 
that  they  were  your  swans,  we  delivered  them  to  you  at  such  a  i)lace. 

The  ])laintifl'  rejtlied  that  he  was  seized  of  the  manor  of  B,  Joining 
to  the  hndship  of  !S,  and  we  say,  that  we  and  our  ancestors,  and  all 
those,  etc.,  have  used  time  out  of  niiud  to  have  swans  swimming 
through  all  the  lordshij)  of  S,  and  we  say,  that  long  time  before  the 
taking  we  put  them  in  there,  and  gave  notice  of  them  to  the  defendant 
that  they  were  our  swans,  and  prayed  his  damages.  And  the  oi)inion 
of  Strange  there  was  well  approved  by  the  court,  that  the  replication 
Avas  good;  for  when  the  plaintiff  nniy  lawfully  put  his  swans  there, 
they  cannot  be  estrays,  no  more  than  the  cattle  of  any  one  can  be 
estrays  in  siu'h  place  where  they  ought  to  have  connnon;  because  they 
are  there  where  the  owner  hath  an  interest  to  jmt  them,  and  in  which 
place  they  may  be  without  negligence  or  laches  of  the  owner.  Out  of 
which  case  these  points  were  observed  concerning  swans. 

1.  That  every  one  who  hath  swans  within  his  manor — that  is  to  say, 
within  his  private  waters — hath  a  property  in  them,  for  the  writ  of 
trespass  was  of  wrongful  taking  his  swans,  scil.     Quare  cif/nos  suos,  etc. 

2.  That  one  may  prescribe  to  have  a  game  of  swans  within  his  manor, 
as  well  as  a  warren  or  ])ark. 

3.  That  he  who  hath  such  a  game  of  swans  may  i)rescribc  that  his 
swans  may  swim  within  the  nuinor  of  another. 

4.  That  a  swan  may  be  an  estray,  and  so  can  uot  any  other  fowl,  as  I 
li^ve  read  in  any  book, 


L 


APPENDIX    TO    PART   TIIIK'D — DIVISION    I. 


11 J 


[Cliilil  r.  Grctnliill  (I!  Croko,  553).] 

Trespass  for  cnteiiiip;  iuid  broiikiiig  i)liiiiitiiris  close  and  fishina'  niul 
takiiiy  lisli  in  liisscv^'ial  lisliory.  ( '()iit<'ii<l('(l  lor  the  (It'lfinlaiit  that  lie 
(.'(•iild  not  say  "his"  lislics,  ibr  lie  lialli  not  any  |troi»crty  in  tlu;  lisli 
until  li(^  takes  them  and  lias  tliein  in  his  i»ossession.  Attorneys  for 
])]aiiitin'  niaintiiiaed  that  tiiey  were  in  his  several  tisiicry.  and  that  he 
iiiiyht  say  "his"  lishes.  tor  there  was  not  any  otiier  that  might  take 
them,  and  all  the  court  was  ot  that  opinion. 

[KccMo  r.  Hickeiin-ill,  11  Eiisf.s,  57.1.] 

Action  ui)on  tiic  case.  Plaintilf  declares  tiiat  he  was.  Xovend)cr 
8,  in  the  second  y(  ar  of  tiie  (i)nccn,  lawtully  possessed  of  a  close 
of  land  called  Mintilt's  .Meadow,  r/  dc  <iiinil(ini  rinirin  rocdta,  a  decoy 
])ond,  to  which  divers  wildfowl  used  to  resort  and  come;  and  the  ]»lain- 
tilf  had,  at  his  (»wn  cctsts  and  charues,  [)repare(l  and  procured  diveis 
decoy  ducks,  nets,  machines,  and  other  enf;ine.s  for  the  decoyiii};-  and 
takinj;' of  the  wild  Idwl,  and  enjoyed  the  beneht  in  takinj;-  tliem;  tlie 
ilefenchmt,  knowin,L;  whicli,  and  intendinj.^-  to  danniily  the  plaintilf  in 
liis  ^•ivary,  and  to  liiiiiit  and  <lrive  away  the  wild  fowl  used  to  resoit 
thither,  and  deprive  him  of  hisprolit.  did  on  the  8tli  of  November,  r(^ 
sort  to  llie  head  oflhe  said  i)ond  and  vivary,  and  did  dischargi;  six 
j^iins  laden  with  liunpowder,  and  with  tlit^  noise  and  stink  of  the  y'un- 
]>owder  did  drive  away  the  wild  fowl  then  Ix'inii'  in  the  jxtnd;  and  on  tlie 
J  1th  and  iL'th  daysof  Xovember  the  delendant,  irifli  (It'sif/n  to  (UiiniiiJ'i/ 
flif  pldiiidj)',  antlfiifihtaivai/tlie  irild  Jotvl,  did  place  himself  with  a  ^iin 
near  the  vivary,  and  there  did  dischav.ye  tlie  said  gun  several  time.s 
tinit  was  then  charged  with  the  gunpowder  against  the  said  decoy 
]>ond,  whereby  the  wild  fowl  were  frighted  away,  and  did  forsake  tlie 
said  ])Oud.  Uiion  not  guilty  ])leaded,  a  verdict  was  found  lor  the 
]»laintilf  and  £'20  damages. 

Jlolt,  C.  J.:  1  am  of  opinion  that  this  iictioii  doth  lie.  It  stems  to  be 
new  in  its  instance,  but  is  not  new  in  the  reason  or  i)riii(a"ple  of  it.  for, 
tirst,  this  using  or  making  a  decoy  is  lawful;  secondly,  this  emiiloy- 
ment  of  his  ground  to  that  use  is  |)iolital)Ie  to  tiie  ])laintilf,  as  is  the 
skill  and  management  of  that  employment.  As  \o  the  lirst,  every  man 
tliat  hath  a.  property  may  employ  it  for  his  pleasure  and  prolit,  as  for 
alluring  and  procuring  dec(»y  ducks  to  come  to  his  jiond.  To  learn  tlu; 
trade  of  seducing  other  ducks  to  (!oine  there  in  order  t<»  be  taken  is  not 
prohibited  either  by  the  law  of  the  land  or  the  nioial  law;  but  it  is  as 
lawful  to  use  art  to  seduce  them,  to  catch  tliiMu,  and  destroy  them  for 
I  he  use  of  mankind,  as  to  kill  and  destroy  wild  low  I  or  tame  cat  lie.  'I'lieii 
w  hen  ii  man  usctli  his  art  (u-  his  skill  to  take  ihem  to  sell  ami  dispose  of 
lor  his  profit,  this  is  his  tiade;  and  he  that  hinders  another  in  his  trade 
or  livelihood  is  liable  to  an  action  for  so  hindering  him. 

******* 

And  when  we  do  know  that  of  long  time  in  the  kingdom  these  arti- 
ficial coiitri\  anees  of  de(!(ty  ])onds  and  decoy  ducks  ha\'e  been  used  tor 
enticing  into  these  ponds  wild  fowl  in  order  to  be  tak<'U  for  the  jn'olit 
nC  the  owner  of  the  |)oiid,  who  is  at  the  expense  of  ser\aiits,  engines, 
iiiid  other  management,  whereby  the  markets  of  the  nation  may  be 
Imnished,  there  is  great  leasoii  to  give  encouragement  thereunto;  that 
lite  peoi)le  who  are  so  instrumental  by  their  skill  and  industry  so  t<i 
iMinish  the  markets  should  reap  the  benetits  ami  have  their  action. 
'lit,  in  short,  that  which  is  the  true  reason  is  that  this  action  is  not 


IIG 


r 


ARGUMENT    OF   Till-:    UNITKI)    STA'J'KS. 


broiijrlit  to  rccovoi'  diiuinj;!'.  Ibr  tlic  loss  of  tli(j  I'owi,  l)iit  for  tlic  dis- 
turbaiK'o. 

Ill  the  re])<)rt  of  tliis  same  ca;  e  in  the  11th  Modern,  7."»,  LordChief 
Justice  Holt  says:  "Suppose  the  defendant  liad  sliot  in  iiis  own  j;iound; 
if  he  had  oecasion  to  shoot  it  would  be  one  thinj;",  but  to  shoot  on  i)nr- 
pose  to  (hnnaj;e  tlie  plaintitV  is  anotiier  thinji'  and  a  wron^."  it  should 
seem  to  be  as  if  he  lired  for  tiie  pui'jxise  of  (hsturbiiiji'  (lie  wild  fowl  in 
his  nei.u'libor's  decoy,  that  he  nn',nht  talce  the  chance  of  bciielitiiii^'  liini- 
BcU'by  shooting-  tlieni  on  the  wing  in  eonseijuence  of  sueli  disturbance. 

[Amory  v.  Flyii  (10  Jolm.,  102).] 

Tn  error,  on  rcrtiorari,  from  ji  justice's  court.  Amory  brought  an 
action  of  trover  against  Flyn  belbre  the  Justice  ibr  two  geese.  There 
was  a  trial  by  Jury.  Tiie  ]»!aiutilt' ]>rovc(l  a  den)and  of  the  geese  and  a 
icfusal  by  the  defendant  uidess  the  plaintiff  wouhl  first  ])ay  2~»  cents 
for  liquor  fuiiiished  to  two  uien,  who  had  caught  the  }X^'i'^*i  imd  pledged 
them  to  the  defendant  for  it.  The  geese  were  of  the  wild  hind,  but 
Avere  so  tame  as  to  eat  out  of  the  Inind.  Tiiey  had  strayed  away  twice 
before,  and  did  not  return  until  brought  back.  Tlie  iilaintilV  i»roved 
l)roperty  in  tiiem,and  that  after  thegeesehad  left  '"'s  jjreinises  tiie  son 
of  the  defendant  was  seen  pursuing  them  with  dogs,  and  was  intbrnied 
th.it  they  belonged  to  tiie  ]>lainlil'f.  Tlu;  jury  found  a  verdict  Ibr  the 
defendant,  on  which  the  Justice  gave  judgment. 

l'<;r  iUiriaiii:  The  geese  ought  to  have  l)een  considered  as  reclaimed 
so  as  to  be  the  subject  of  paoperty.  Their  identity  was  ascertained;  they 
were  tami;  and  gentle,  and  had  lost  tlie  ])owcr  or  dis])osition  to  fly 
away.  They  had  been  bightened  and  chased  by  the  defendant's  son, 
Avith  the  knowledge  that  they  belonged  to  the  ])laintilf.  and  tlie  case 
allbrds  no  color  for  the  inference  that  the  geese  liad  regaine<J  their 
initural  liberty  as  Avild  fowl,  aiul  that  the  property  in  them  had  ceased. 
The  defendant  did  not  considei-  them  in  that  light,  for  he  held  them  in 
conse(iuence  of  the  lien  which  he  sujiposed  he  had  ac(|uired  l»y  the 
]>le(lge.  This  claim  was  ]H)t  well  founded,  for  he  showed  no  right  in 
the  j)ersons  who  pawned  them  tor  the  li<pmr  so  to  pawn  them,  and  he 
took  them  at  his  jieril.  Here  was  clearly  an  invasion  of  ])ri\ate  right. 
If  the  person  who  took  the  geese,  or  who  had  kept  tiieai,  had  lieeii  i)ut 
to  necessary  expense  in  securing  them,  such  exi)ense  ougiit  to  have 
been  refunded;  but  no  such  exiiense  was  shown  or  i>retended,  and  to 
sanction  such  a  jiaM  n  as  this  would  lead  to  abuse  and  fraud. 

A  jierson  who  takes  u])  an  (slrai/  can  not  h'vy  a  tax  u])on  it  but  by 
Avay  of  amends  of  indemnity.  This  is  the  doctrine  of  the  comnuui  law, 
(1  JJoll.  Abr.,  S7!»,  c.  T);  Is'oy's  Hep.,  144:  tSalk.,  ()S(J).  and  the  lionian 
lawyers  eipndly  denied  to  the  Under  of  any  lost  pioperty  a  rcicard  for 
iinding  it  iiov  probe  jietnt  ali(jui(I,Si\ys  the  Digest  (Dig.  47,  L',  4;{,  D). 
And,  indeed,  the  civil  law  (ihid  s.  4)  <'onsidered  it  as  a  theft  to  convert 
to  one's  use,  ((iii)ii<t  hicni)i<U,  ]»roi)erty  tbund,  without  endeave  's  to  liiid 
the  owners,  or  without  intention  to  restore  it.  Hut  theft  Avas  not 
always  c(Uisidered,  in  that  law,  in  the  A'ery  o<lious  sense  of  our  coni- 
UHUi  law;  Ibr  as  to  the  class  of  thefts  denonniiated  thefts  not  mani/rst, 
and  of  which  this  was  one,  that  law  ])rovidcd  only  a  civil  remedy  of 
double  danniges.  A.  <iellius  (Noct.  Alt.  lib.  11,  c.  IS),  who  cites  the 
very  passage  in  the  civil  law  whicdi  declares  such  (H)iiduct  theft,  gives 
that  appellation  to  many  acts  which  our  law  does,  and  ought  to  legard 
as  tres]»asses  merely;  such,  for  instance,  as  ouster  of  i)ossession  of 
laud.    i>ut,  taking  the  civil  law  in  the  milder  sense,  it  sulliciently 


10  (lls- 

louiid; 
)ii  ])ur- 
sliDiild 
I'owl  in 
!<;•  liini- 

LblUlCO. 


p,lit  an 

'I'lu'rc 

V,  iiiid  ii 

t'}  cents 

iiid,  but 
IV  twice. 
■  ])n)ved 
;tlio  sou 
ulbniiod 
,  lor  the 

ielaiiued 
ed;  tliey 
m  to  liy 
iit's  sou, 
the  case 
d  their 
ceased, 
them  in 
hy  the 
ri.yiit  in 
aiul  he 
ite  risilit. 
)eeM  i)ut 
to  have 
.,  and  to 

t hut  by 
nou  laAV, 
e  liouuiu 
nard  lor 
L',  4;5,  \>). 
)  convert 
•s  to  lind 
was  not 
our  eoni- 
incndfvfft, 
einedy  of 
cites  the 
eft,  yives 
torejA'ard 
iession  of 
itlicieutly 


APPENDIX    TO    PART    THIRD — DIVISION    I. 


117 


sliows  what  was  cousicU'red,  in  the  wisdom  of  the  ancients,  as  rijjht 
and  duty,  in  tins  case.  The  |)ractice  of  mankind  is  ai)t  to  bo  too  lax 
on  this  snbject ;  and,  wlien  occiision  olVers,  courts  onyht  to  lay  down 
and  enforce  the  Just  and  benevolent  lesson  of  morality  and  law. 

The  verdict,  in  this  case,  beinj;'  aj^ainst  law  and  evidence,  can  not  bo 
supported.     Jadj^nient  reversed. 

[Goir  ra.  KiltH  (15  Wend.,  o'-f').] 

"The  owner  of  hecs  which  have  been  reclaimed,  may  britij;  an  action 
of  Ircsptisi'i  a.^ainst  a  person  who  cuts  down  a  tree  into  which  tin;  beea 
have  I'utered  o;t  ^/(c  A*;(7  o/"  <(»o//;i'/',  destroys  the  bees  an<l  takes  the 
honey. 

"When^  bees  takes  up  their  ;ib(»de  in  a  tree,  tlu'y  belonj;- to  the  o«-//f'»' 
of  the  .s'o/7,  if  tiiey  are  KitircltilmctlAnit  iftiu-y  havc^  been  r(Tl(iiitK'<!,i\\ul 
their  owner  is  able  to  identify  ids  pr(»i)erty,  they  do  not  l)elonj;'  to  the 
own.er  of  tlic  soil,  but  to  Idin  wlio  had  tin;  former  possession,  iilthon^h 
he  can  not  enter  upon  tlu^  lands  of  tln^  other  to  retake  them  witlntut  sub- 
jecting himself  to  iin  action  (»f  trespass.''' 

Error  from  the  Madison  c(»nim(»n  pleas.  Kilts  sued  Goff  in  a  Justice's 
court  in  tnsixt.s.s  for  takini;'  and  destroyiu!;-  ii  swarm  of  hccs,  and  the 
honey  made  l)y  them.  Tiie  swarm  leltthe  hive  of  the  i>laintitf.  Hew  ott 
and  went  into  a  tree  on  the  lands  of  the  Lenox  Iron  Company.  The 
l)laintitV  kept  the  bees  in  sight,  tbUowed  tlnaii,  and  marked  the  tree 
into  which  they  entered,  i  wo  months  aiterwards  the  tree  was  cut 
down,  the  bees  killed,  and  the  honey  found  in  the  ti-eo  taken  by  the 
delc'ndant  ami  otiiers.  The  jdaintilf  recoveied  Jiulji'meiit,  whi(;h  was 
aflirmed  by  the  .Madison  common  pleas.  The  defeudant  sued  out  a 
writ  of  errcu'. 

IJy  the  court,  Nelson,  J.:  Aninnds  ferw  nafnrw^  when  reclaimed  by 
the  art  and  power  of  man,  are  the  subject  of  a  ((ualilied  proi)erty;  if 
they  return  to  tlu'ir  natural  libiuty  and  wiidiu'ss,  without  the  animas 
rcrcrtciuli,  it  ceases.  During'  the  existence  of  the  (|ualilie(l  property, 
it  is  under  the  protection  of  the  law  th<!  sanu?  as  any  other  proi)erty, 
and  every  invasion  of  it  is  redressed  in  the  same  maniua'.  Bees  aio 
rer<v  natunv,  but  when  hived  and  reclaimed,  a  person  may  have  a  ([uali- 
ti(Ml  proixaty  in  tiuMU  hy  the  law  of  nature,  as  well  as  the  civil  law. 
Occaipation,  tluit  is  hiving'  or  inclosinj;'  them,  j;ives  j)roperty  in  them. 
Tliey  are  now  a  common  sjx'cics  of  ]»r<»i)erty,  and  an  article  of  trade, 
and  tin;  wildness  of  their  ludure,  by  experience  and  practice,  has  becomt^ 
essentially  subjected  to  the  art  and  power  of  man.  An  unreclaimed 
swariM,  Iik(^  all  other  wild  animals,  bcIons;s  to  thi!  first  occui>ant — iu 
other  woi'ds,  to  the  ])erson  who  lirst  hives  them;  but  if  the  swarm  tly 
from  the  hive  of  another,  his  (pialiiied  i)roi)erty  continues  so  lonj;'  as  he 
can  keep  them  in  siiiiit,  and  ])ossess(\s  tlie  power  to  pursue  tiicm.  Imi- 
iler  these  circumstances,  no  one  else  is  entitled  to  take  ^liom.  (11  J>lack. 
Comm.,  ;J1».");  L'  Kent's  Comm.,  IV.H.) 

The  (juestion  here  is  not  l)etweeu  the  owner  of  the  soil  ui)on  which 
tlie  tree  stood  that  included  tlie  swarm,  and  tin;  owner  of  the  bees;  as 
to  him.  tlie  owner  of  the  Ix'cs  would  not  lie  able  to  rc;>aiii  his  i)roperty, 
or  the  fruits  of  it,  without  bein;;'  guilty  of  trespass;  but  it  by  no  means 
follows,  fr(»in  this  predicament,  that  the  right  to  tlu'-  enjoyment  of  the 
property  is  lost;  that  the  bees  theretbre  beconu'  again  /}'/■«;  naluriv  and 
litloiig  to  the  lirst  oceiipiiut.  If  a  domestic  m  tame  aniniid  of  one  per- 
son should  stray  to  the  inclosure  of  another,  the  owner  ccudd  not  follow 
and  retake  it  without  being  lialile  for  a  trespass.    The  absolute  right 


■a^BaBOH 


118 


ARGUMENT   OF   'I'lIE    UNITED    STATES. 


!  li 


of  propoity,  iiotwitlistiiiidiiif;',  would  still  coiitimu'  in  him.  Of  this 
there  can  he  no  doubt.  ISo  in  I'espect  to  the  (lualilicd  pi(>])('vty  in  tiio 
l)('es.  If  it  iM)iitiiiiM'd  in  the  owner  iiltor  tiiey  hived  tiieniselves  and 
abode  in  tlie  liollow  liee,  as  this  (pudilied  interest  is  under  the  sauio 
protection  of  law  as  if  absolute,  thci  like  remedy  existed  iu  eat:e  of  an 
invasion  of  it.  It  can  not,  [  think,  b(^  doubted  that  if  the  i)roperty  iu 
tlie  s'.vanu  continues  wiiilc  witliin  si;;lit  of  tlie  owner — in  other  words, 
while  lie  can  distinjiuish  and  id»Mitify  it  in  the  air — that  it  equally  be- 
lon^'s  (o  him  if  it  settles  ui>on  a  branch  or  iu  the  trunk  of  a  tree,  and 
n^mains  there  under  his  oi»servatiou  and  ehar^'e.  If  ;i  straujj^er  has  lU) 
rij;lit  to  take  the  swarm  in  tlu^  former  case,  and  of  which  t'>ere  seems 
no  (luestiou,  he  ou.uht  not  to  be  permitted  to  take  it  in  the  hitter,  when 
it  is  more  coulined  and  within  the  control  of  the  occupant. 

It  is  said  the  on-ncr  of  lite  soil  is  eutitlcil  to  the  tree  and  all  within  it. 
This  may  be  true,  so  far  as  respects  an  unreclaimed  swarm.  While  it 
reimiins  there  iu  that  condition,  it  may,  like  birds  or  other  j,faiue,  (gamo 
laws  out  of  the  question)  belonji"  to  the  owiu'r  or  occupant  of  the  forest, 
nitioitv  soli.  According' to  the  law  of  luiture,  where  prior  oecupaiu;y 
ah)iie  j;ave  rijiiit,  the  individual  who  hrst  hived  the  swarm  woidd  bo 
entitled  to  the  proucrty  iu  it;  but  since  the  institution  of  civil  society, 
and  the  rej^ulation  of  the  ri<>ht  of  property  by  its  positive  laws,  the 
forest  as  well  as  the  cultivated  field,  belong  exclusively  to  the  owner, 
who  has  acquired  a  title  to  it  under  those  laws.  The  natural  right  to 
the  eujoynu'Ut  of  the  sport  of  hunting  and  fowling,  wherever  anii'uds 
fcrw  naturw  could  be  iouud,  has  given  way,  iu  the  ])rogress  of  society, 
to  the  establishment  of  rights  of  property  better  detint-d  and  of  a  more 
durable  character.  Hence  no  (me  has  a  right  to  invade  the  eiu;losuie 
of  another  for  this  purpose,  lie  would  be  a  trespasser,  and  as  such 
liable  for  the  game  taken.  An  exce])tioii  may  exist  iu  tlie  case  of  nox- 
ious animals,  destructive  in  their  nature.  Air.  .lustice  DIackstone  says: 
if  a  man  starts  game  in  another's  ])rivate  grounds,  and  kills  it  tlicie, 
the  ])roi)erty  belongs  to  him  iu  whose  ground  it  is  killi'd,  because  it  was 
started  there,  the  property  arising  ratlone  soli,  (li  JHack.  Com.,  419.) 
But  if  aiuiuals  /'6'/7(wir(/«(V6' that  have  been  reclaimed,  and  a  qualified, 
property  obtained  in  them,  t'scape  into  the  i)rivate  grounds  of  another 
Ml  a  way  that  docs  not  restore  them  to  their  natural  condition,  a  dif- 
ferent rule  obviously  api»lics.  They  are  theu  not  exposed  to  become 
the  i)roperty  of  the  hrst  occui)ant.  The  right  of  the  owner  continues, 
and  though  he  can  not  i»iirsue  and  take  them  without  being  liable  for 
a  trespass,  still  this  ditUculty  should  not  operate  as  an  abandonment  of 
the  aninials  to  their  Ibrmcr  liberty. 

The  rights  of  both  parties  should  be  regarded  and  reconciled,  as  far 
as  is  consistent  witli  a  reasonable  prote(;tion  of  each.  The  case  of 
Ileermauce  vs.  Veruay  ((»  .lohns.  11.,  o),  and  IJlake  vs.  .Jerome  (l-l  id., 
4<M>),  are  authorities  for  saying,  if  any  were  wanted,  that  the  inability 
of  the  owner  of  a  j)ersonal  chatlel  to  retake  it  while  on  the  i)remises 
of  another,  without  committing  a  trespass,  does  not  impair  his  legal 
interest  in  the  prt)perty.  It  only  embarrasses  the  use  or  enjoyment  of 
it.  The  owner  of  the  soil,  therefore,  acquiring  no  right  to  the  property 
in  the  bees,  the  defendant  below  can  not  protect  himself  by  showing  it 
out  of  the  [)laiiitill"  iu  that  way.  It  still  continues  iu  him,  and  draws 
after  it  the  possession  sulllcieut  to  imiiutain  this  action  against  a  third 
person,  who  invadt>s  it  by  virtue  of  no  other  claim  than  that  derived 
from  the  law  of  nature.  This  case  is  distinguishable  from  the  cases  of 
Gillett  vs.  Mason  (7  Johns.  11,,  Ki),  and  Ferguson  vs.  .Aliller  (1  C(>weu, 
-'•13).    The  first  pioseiited  a  question  between  the  liuder  and  a  person 


AITENIHX    TO    I'AKT    TIIIIM) DIVISION    I. 


Ill) 


Of  this 

^  in  tlio 
^es  and 
le  Hiinio 
^e  of  an 
perty  in 
•  words, 
lally  be- 
reo,  and 
r  has  no 
re  si'cnis 
i»r,  when 

nthin  it. 
Whih'  it 
e,  (R-anio 
le  forest, 
jcnpancy 
won  hi  bo 
I  society, 
laws,  the 
e  owner, 

right  to 

animals 
\  society, 
)f  a  move 
L'nclosnre 
.  as  sn(;h 
ie  of  nox.- 
ine  says: 

it  tlicic, 
ise  it  was 
)ni.,  419.) 

qualitied 
:'  another 
ioii,  adif- 
o  become 
jontinnes, 

iabhi  for 
>nment  of 

ed,  as  far 
e  case  of 
lie  (14  «?., 
5  inability 

premises 

liis  legal 
tymont  of 

propi'i'ty 
howing  it 
md  draws 

st  a  third 
it  derived 
le  cases  of 
(1  Cowen, 

a  person 


interested  in  the  soil;  the  otiiei'  between  two  pers<ins,  each  claiming 
as  the  first  lind(!r.  The  jdaintilV  in  the  last  case,  thongii  the  first 
finder,  had  not  accinired  a  (|iialilied  property  in  the  swarm,  according 
to  the  law  of  prior  occu|»ancy.  Tlie  defen(hint  liad.  Hcsidcs,  the 
swarm  being  unie(;hiimed  from  tlicir  natnral  liberty  wliile  in  the  ti'ce, 
belonged  to  the  owner  of  the  soil  )-((ti<>iu'  soli.  Vi>v  tiiese  reasons  1  am 
of  opinion  tiiat  the  jndgment  ol  tiie  conrt  below  should  be  allirmcd. 
Judgment  alhrnied. 

[Tim  .)i.iiii()n  of  Huron  Wild,,  in  liliulcs  v.  Iliggs  (12  ('.  H.  X.  S.,  51'.'). J 

T  wish  to  add  a  few  words,  as  1  liiink  the  doctrine  of  animals' /rjvc 
naintiv  has  in  moih'rn  tinu's  been  sometimes  pnslicd  too  far.  It  lias 
been  urged  in  tliis  case  that  an  animal  J'vra:  iiatnnv  t-oiild  not  be  tlie 
subject  of  individual  |)r(»iier)y.  Ihit  this  is  not  so;  for  the  common 
law  allii'meda  light  of  ])ioperty  in  animals  even  though  they  wv.ve/ow 
luifurtc',  if  tln-y  weie  restrained  cither  by  habit  or  iiiclosiire  within 
the  lands  of  the  owner.  We  have  the  anlhority  of  Lord  (.'oke's  Ue- 
jiorts  for  this  rightin  resjiect  of  wild  animals,  such  as  hawks,  deer,  and 
game,  if  reclaimed,  or  swans  <tr  fish,  if  kept  in  a  private  moat  or  pond, 
or  doves  in  a  dove  cote.  l>ut  the  right  of  i)ropei  ty  is  not  absolute; 
for.  if  su(th  deer,  game,  etc.,  attain  their  wild  condition  again,  the 
l)roperty  in  them  is  said  to  be  lost. 

The  piiiKtiple  <»f  the  common  law  seems,  therefore,  to  be  a  very  rea- 
sonable one,  for  in  cases  where  cither  their  own  induced  habits  or  the 
(M>nlinenicnt  imposed  by  man  have  brought  about  in  the  existence  of 
wild  animals  the  character  of  fixed  abode  in  a  ]»articular  locality,  the 
law  does  not  refuse  to  recognize  in  the  owner  of  the  land  which  us- 
taiiied  tluMu  a  property  coiAxtensive  with  tiiat  state  of  things,  \vhcn 
these  priiici]»les  were  applied  to  a  <'ountry  of  few  inclosures,  as  in  old 
times,  tiie  cases  of  property  in  game  would  be  few;  but  the  in(tlosures 
and  habits  of  modern  times  have  worked  a  great  change  in  the  char- 
acter of  game  in  respect  to  its  wildiiess  and  wandering  iiatiu'c;  and 
there  is  a  vast  quantity  of  game  in  this  country  which  luiver  stirs  from 
the  inclosed  i)ro]>erty  of  the  i)roprietor  by  whose  care  it  is  raised  and 
on  whose  land  it  is  maintained. 

It  is,  I  think,  now  too  late  for  the  courts  of  law  to  meet  this  change 
of  circumstances  by  declaring  a  pro])erty  in  live  game;  but  if  the  leg- 
islatui'e  should  interfere,  as  Avas  suggested  in  argument,  l)y  giving  to 
the  owner  of  lands  a  i)roperty  in  game,  either  absolute;  or  (|iialilied,  so 
long  as  it  remained  on  his  land,  it  would  only  be  acting  in  the  spirit 
and  policy  of  the  common  hnv. 

Alellor,  J.,  concurred.    Judgment  affirmed. 

[Morgan  and  another,  Executors  of  John,  Earl  of  Aberjjavenny,  deooased,  r.  William, 
Earl  of  Abcrgaveiiuy  (8  U.  15.,  7G(S).] 

This  Avas  an  action  of  trover.  #  *  *  The  defendant  pleaded,  first, 
not  guilty,  except  as  to  the  said  causes  of  action  as  to  twelve  bucks, 
one  stag,  eight  does,  and  four  fawns,  parcel  of  the  said  bucks,  stags, 
docs,  and  fawns,  respectively,  in  the  declaration  mentioned;  secondlj', 
that,  excc])t  as  aforesaid,  the  sai<l  .John,  Earl  of  Abergavenny,  in  his 
lifetime  was  not  i»ossessed,  neither  were  the  plaintiffs,  as  executors  as 
aforesaid,  after  the  death  of  the  said  John,  Karl  of  Abergavenny,  pos- 
sessed, of  the  said  deer  or  other  animals  in  the  declaration  inentioned, 
or  any  of  them,  as  of  his  or  their  own  i)r(»i»crty,  respectively;  thirdly, 
that,  except  as  aforesaid,  the  said  deer  and  other  animals  in  the  declara- 
tion mentioned  were  not,  uor  was  any  of  them,  captured  and  reclaimed 


r 


120 


AU(irMKNT   OK    THE    UNITKO    STATEf^, 


li 


I, 


A'om  tlioir  iiiitniiil  iind  w  ilil  state,  or  tiuiicdor  k('])t  cniiliiiod  or  inclosod; 
foiirtlily,  iciyiiM'iit  of  JCS.")  into  court  in  rosiR-ct  ol'tlie  excepted  bucks, 
stajis,  docs,  and  lawns. 

Tlic,  plaint  ills  Joined  issue  on  the  first  three  ph'us  and  took  the  JC85 
out  (»l'  court  in  satislaction  j>ro  innto, 

'I'iic  cause  was  tried  bclorc  ('oilman,  .1.  and  a  si)ecial  Jury  at  the  sit- 
tin;^s  at  W'cstniiuster,  attei'  Hilary  term,  lSt7. 

'riie  action  was  l»rouj;ht  to  recover  the  value  (d"  the  (h-er  whicli  were 
in  the  park  appertainiiij:-  to  lMi<l<;e  ( 'astle.  in  the  (^ounty  of  Sussex, 
th(?  princijial  ronntiy  residence  of  the  Marls  of  Abcr<;a veil ny,  at  the 
time  of  the  decease  of  ,Iohn,  the  late  earl,  on  the  ll'th  of  A])ril,  LSI;"). 

'I'he  jdaintill's  were  K'icliard  Mornan  and  Azaiiah  Kllwood,  the  exec- 
nt(U's  of  the  late  earl,  the  defendant  was  his  brother,  who,  the  hite  earl 
haviiij-'  died  a  bachelor,  succeeded  to  the  title  and  to  the  family  en- 
tailed estates. 

At  the  time  of  the  late  earl's  death,  tlu^  deer  in  Eridge  Park  (con- 
sisted of  live  hundri'd  and  forty  head  of  fallow  deer,  and  one  liundred 
head  of  ii'd  deer  in  what  was  called  the  1  'eer  Park,  twelvt;  bucks  in  a 
place  called  the  New  Park,  and  ^.ix  stags  and  two  bucks  which  were 
stalled  for  fatting-, 

l'hid<>e  I'ark  was  an  ancient  park,  forniinjj  part  of  the  ancient  manor 
of  ]»(»therlield — called  in  Domesday  I'ook  Peredfelle — wiiich,  it  seems, 
was  royal  demesne  of  the  fee  of  Odo,  IJishop  of  Paieux,  brother  of 
AVilliam  the  < 'oiKjueror,  and  therefore  held  by  the  Saxon  Earl  Godwin. 
In  Domesday  Pook  it  is  thus  described: 

"The  land  consists  of  twenty-six  earucatcs  in  demesne,  four  carii- 
catesand  fourteen  villeins  with  six  bordarers,  havinj:'  fourteen  plouj^hs. 
There  are  fourserxi  and  wood  suilicient  to  feed  tour  score  hojjs.  There 
is  a  ])ark.  in  the  time  of  Kiiii;'  ICdward  the  Confessor,  it  was  w^orth 
jClt);  and  aflerwards  XM;  now  £12;  and,  nevertheless,  reiulers  £30." 

The  substance  of  the  evidence  given  on  the  part  of  the  plaintiffs  was 
as  follows: 

In  modern  times,  Eridge  Old  Park  has  consisted  of  about  000  acres, 
a  great  portion  of  which  is  of  a  rough,  wild  deserii)tion,  containing  a 
('onsidcrablc  (|uantity  of  fern,  brake,  and  gorse.  The  new  park  adjoin- 
ing consists  of  about  L'OO  acres.  S(unea<lditionswere  about  forty  years 
ago  made  to  the  Old  I'ark  by  the  renu)val  of  portions  of  the  ancient 
fences,  and  erecting  paling  nuind  the  land  so  added.  The  deer  usually 
had  the  range  ot  the  Old  Park,  where  they  w<'re  attended  by  keepers 
and  fed  in  tlie  winter  witli  hay,  beans,  and  other  food.  The  (h)es  were 
watched  in  the  falling  season,  and  the  fawns  marked  as  they  were 
dropped,  in  order  to  ascertain  their  age  and  to  ])i'eserve  the  stock.  At 
times,  certain  of  the  deer  were  selected  from  the  herd  and  caught,  with 
the  assistance  of  lurches  muzzled,  or  with  their  teeth  drawn,  and  turned 
into  an  incUtsiire  in  the  new  park,  or  into  pens  or  stalls  for  the  purpose 
of  fattening  them  for  consumption,  or  for  sale  to  venison  dealers.  The 
ordinary  m(»de  of  killing  them  w  as  by  shooting.  There  Avas  a  shuighter- 
hoiise  in  the  i)ark  forpi'cparing  and  dressing  the  carcasses.  Some  years 
sin(!e  a  great  number  of  deer  were  brought  to  Eridge  from  Penshurst 
and  other  ])laces.  Beer  sometimes,  though  rarely,  escaped  from  the 
park  by  leajiing  over  the  fence.  Some  of  them  were  described  as  being 
very  tame,  coming  <dose  to  the  keepers  when  called  at  feeding  times. 
AVitnesses  were  also  called  to  prove  that  of  late  years  deer  have  been 
commonly  bought  and  sold  for  i)rofit  like  sheep  or  other  animals  kept 
for  the  food  of  man.    *    *     * 

On  the  part  of  the  defendant  the  couversiou  was  admitted;  but  it 


ArPF.NDIX    TO    PART    THIRD — DIVISION    I. 


121 


tlonji'hs. 
There 


but  it 


was  insisted  that  ICridjje  Park  was  an  aneient  le^^al  i)ark,  and  llial  tlio 
deer  therein,  by  tlie  law  of  the  hind,  were  not  i)ers()nal  property,  but 
Ibrnied  part  of  the.  inheritance.     *     *     * 

For  tiic  plainlitls  it  was  .submitted  tliat,  altlionj;h  l"irid};e  Park  inipfht 
ori{;iiia!ly  liave  been  a  i)ark  in  tlie  strict  sense  »)f  tlio  term,  liavinfj  all 
tlie  incidents  of  a  lej^al  park — vert,  venison,  and  inelosure — it  had 
ceased  to  beai"  tliat  ciiaracter,  by  reason  of  the  manner  in  which  it  had 
in  modern  times  been  dealt  with,  it  beinj^  essential  that  the  bonndariea 
of  an  ancient  ]>ark  should  be  strictly  preserved,  and  that,  by  the  mode 
in  which  the  deer  in  <]uestion  had  been  treated,  they  had  ceased  to  bo 
fvrw  n(itui'(i\  and  iiad  become  mere  i)er8onal  property,  like  sheep  or  auy 
other  domestii^  animals. 

The  learned  judjje,  in  his  snmminfj;  uj),  told  the  jury  that  the  main 
([uestion  for  them  to  consider  was,  whetiier  the  deer  in  disi)ute  were  to 
be  looked  upon  as  wild,  or  as  tame  and  reclaimed;  and  tiuit  it  IumI 
been  lai«l  down  by  the  best  authorities  upon  the  subject  that  deer  in  a 
l)ark,  conies  in  a  warren,  and  doves  in  a  dovecot,  {generally  speaking, 
>;()  with  the  inheritance  to  the  heir,  or,  in  a  case  like  the  present,  where 
tlie  estate  does  not  fi'o  exactly  in  heirship,  but  under  the  linutations  of 
an  act  of  ])arliiiment,  to  the  person  next  entitled  under  the  i>arliamen- 
tary  settlement;  but  that  the  rule  was  subject  to  this  exception — tiiat, 
if  the  animals  are  no  longer  in  their  wild  state,  but  an;  so  reduced  as 
to  be  considered  tsune  and  reclaimed,  in  that  case  they  go  to  the  exec- 
utors, and  not  to  the  heir,  lie  then  proceeded,  in  substance,  as  fol- 
lows: A  large  body  of  evidence  has  been  laid  before  you,  for  the  pur- 
Ii(»se  of  satisfying  you  that  Kridge  Park  was  an  ancient  park,  having 
iill  the  incidents  and  privileges  of  an  ancient  park,  to  which  rights 
iormerly  appertained  which  are  now  comparatively  valueless.  But  the 
i|uestion  will  not  turn  ui)ou  whether  Eridge  was  or  was  not  an  ancient 
jiark;  though,  at  the  same  time,  it  may  be  desirable  if  you  are  able  to 
lovm  an  opinion  upon  it,  that  you  should  state  it.  trn(U)ubtedly,  one 
\\ lu)  has  an  ancient  i)aik,  having  the  rights  and  inci<lents  of  a  legal 
piuk,  ought  to  preserve  tiie  boundaries  within  which  he  claims  to  exor- 
cise those  rights;  and  ])robably  there  (!an  be  no  doubt  that,  if  the 
lioundaries  are  so  eflaced  that  they  can  not  be  distinctly  ascertained, 
liis  franchise,  as  against  the  Crown,  would  be  lost. 

lUit  that  is  a  matter  which  does  not,  as  it  seems  to  me,  very  mucdi 
concern  the  question  now  before  us,  because,  though  some  rights  might 
lie  forfeited  by  the  destruction  of  the  ancient  boundaries,  still  the  nature 
n['  the  animals  would  remain  unchanged.  That  deer,  wlien  caught  and 
inclosed  in  a  pen,  would  pass  to  the  executors  there  can  be  no  doubt, 
and  probably  if  animals  of  this  sort  were  inclosed  in  a  small  liehl,  well 
icnced  round  and  well  kept,  it  could  hardly  be  said  that  they  were  not 
SI)  far  reduced  into  immediate  possession  as  to  beconu)  personal  property. 
it  is  (juite admitted,  upon  tli"  .  \  ulence  on  the  one  side  and  on  theother, 
tliat  therehavebeen,  from  time  to  time,  additions  made  to  what  formerly 
constituted  I'h-idge  Park,  though  there  is  some  ditfereuce  as  to  tho 
iiiiantity.  And  observing  upon  the  documentary  evidence  put  in  on 
tlie  part  of  the  defendant,  the  learned  judge  said,  with  reference  to  the 
(  \tract  from  Domesday  Book  and  to  the  inquisition  taken  in  the  reign 
II!  I'^dward  the  Third  upon  tho  death  of  Hugh  do  Spencer,  that  at  that 
|ii  liod,  when  the  forest  laws  were  in  full  vigor,  whenever  a  "park" 
WIS  mentioned  it  must  be  understood  to  mean  a  legal  park.  And  he 
concluded  by  asking  the  opinion  of  the  jury  upon  two  questions  which 
lie  gave  them  in  writing:  lirst,  whether  Eridge  Park  was  an  ancient 
l>  ik,  with  all  the  incidents  of  a  legal  park;  secondly,  whether  the 


ll 


I 


ir 


122 


' 


AKGUMKNT    Of    TIIK    UNITED    .STATICS. 


honndiirios  could  Ixi  iisciM'taiiiC'd  by  distinct  iiiiiilis.  (<'llin,ir  tlioin  tliat 
tlie  jdiiH-ipiil  (|uc.sti(>u  was  wlictlicr  flicy  iouiid  for  tiic  i)laiiitills  oi'  I'ui- 
tlic  (U'rciidant,  tiic  others  liciiij;'  only  incidcntiil. 

Tlie  juiy  retired,  and  al'ttT  a  protracted  absence  returned  into  court, 
the Jn<lj;e  liavinj;  left;  when,  upon  tlie  associate  asUin,n' them  whether 
they  found  for  tiu'  phiinlifts  or  the  defendant,  tho  I'orenian  .inswered: 

"  \Vo  find,  lirst,  tliat  it  was  <u'i};inally  a  lej;ai  park,  l)ut  tliat  its 
boundaries  have  been  altered  and  enlarf;ed;  secondly,  w<'  find  that  tho 
deer  have  bt'en  reclaimed  fnun  their  natural  wild  state.  What  the 
elfect  of  that  opinion  is  w(!  are  not  lawyers  enou;;ii  to  say." 

The  associate  declininj;'  to  receive  their  verdict  in  that  form,  tlu^jury 
a^i'ain  n'tired,  and  after  a  short  abseiHte  returned  into  court,  the  fore- 
man (addressing  tin;  associati')  sayiiifi':  "You  may  take  it  in  the  lirst 
instance  as  a  verdict  for  the  i)laintills."  The  associate  then  asked, 
"Do  you  lind  that  there  was  an  ancient  park,  with  the  incidents  of  a 
le}j;al  parkT'  To  which  tho  foreman  answered,  "  VVe  find  that  it  was 
orifrinally  a  Icfial  paik,  but  tliat  its  boundaries  have  been  altered  and 
enlaij;«'d."  Ass(»ciate:  "  Do  you  lind  that  there  was  an  ancicMit  i)ark, 
with  the  incidents  of  a  legal  park?"  roreuuin :  ''Yes."  Associate: 
"  Do  you  lind  that  there  were  distinct  marks  by  which  tho  boundaries 
could  be  ascertained?"     Foreman:  "Yes,  there  were." 

The  verdict  was  accordinjily  entered  for  the  ])laintilfs. 

Tat/ourd,  Seigeant,  in  the  Ibllowing'  Easter  term,  obtained  a  rule  nisi 
for  a  new  trial,  on  the  si'<»un<ls,  first,  that  there  had  been  no  eomi)let(^ 
iindinjj  by  the  Jury,  they  not  havinj''  distinctly  answered  the  real  (jues- 
tion  whicii  was  submitted  to  them,  viz,  whether  the  deer  were  wild  or 
reclaimed;  secondly,  that  the  learned  Judfje  misdirected  the  Jury,  in 
present inj;-  the  case  to  them  as  if  the  existence  or  nonexistence  of 
Eridjje  Tark,  with  all  the  lejjal  incidents  of  a  park,  was  a  mere  collateral 
question,  whereas  it  was  of  the  very  esseiu;e  of  the  iufpiiry  (Co.  Lift. 
8  a.;  The  case  of  Swans;  Davies  v.  I'owell);  thirdly,  that  there  was  no 
Huflicient  evidence  to  warrant  the  finding, 

JliDnphrcif,  ChittDicU,  Serj>t.,  and  BociU.  in  Easter  term,  1848,  showed 
cause  in  sup])ort  of  the  verdict,  and  Talfourd  and  Ijyles,  Terfts  and 
Willes  supported  the  rule  to  show  cause. 

IMaule,  J.,  now  delivered  the  Judgment  of  the  court: 

This  case  was  argued  in  K;)ster  term,  ISiS,  before  Lord  Chief  Justice 
Wilde  and  my  brothers  (\slfiiuin  and  Cresswell  and  myself.  In  the 
absence  of  the  Lord  Ciiicf  .'usticie,  I  now  proceed  to  pr{M»oun(!e  the 
judgment,  which  has  brc»!  i  repared  by  him,  and  in  substance  assented 
to  bj"  us. 

This  was  an  action  of  trover,  brought  to  recover  damages  for  the  con- 
version of  a  number  of  deer.  The  declaration  contained  two  <'ounts. 
The  first  count  stated  that  the  testator,  in  his  lifetime,  was  possessed 
of  a  certain  number  of  bucks,  does,  and  other  descriptions  of  deer,  being 
captured  and  reclaimed  from  their  luitural  wild  state  and  coniined  in 
the  close  of  the  testator,  and  that  the  plaintitfs,  after  his  death,  were 
]»ossessed  as  execaitors,  ami  that  the  defemlants  afterwards  converted 
the  deer,  etc.  The  second  count  stated  that  the  ])laintiffs,  as  executors, 
were  ]>ossessed  of  the  like  quantity  of  deer,  which  the  defeudanthad 
converted,  to  the  damage  of  the  plaintiffs. 

The  defendant,  except  as  to  a  certain  number  of  bucks,  uoes,  and 
fawns,  pleaded  not  guilty  to  the  whole  declaration;  and,  secondly, 
that  the  testator  was  not  ]iossessed.  nor  were  the  jtlaintift's,  as  his  ex- 
ecutors, possessed,  of  the  deer  as  alleged;  thirdly,  that  except  as  to  a 
certain  number  of  bucks,  does,  and  fawns,  the  deer  alleged  in  the  dec- 


APr'KNDIX    TO    TAUT    Tllllil) DIVISION    I. 


123 


tliom  that 
tills  or  lor 

into  ('(turt, 
II  wlu'tlu'V 
isw»M('(l: 
.t  tliiit  its 
d  tliiit  tlio 
VVliiit  tlio 

n,  the  J  my 
t,  tlu'  tore- 
ill  the  liist 
uMi  iiskcd, 
(h'lits  of  ii 
hat  it  was 
Itt'iMl  and 
(iient  jiaik, 
Associate: 
boundaries 


a  rnlp  nisi 
o  complete 
5  real  <nies- 
p,re  wild  or 
he  jury,  in 
xistenee  of 
e  collateral 
(Co.  Litt. 
lere  was  no 

i-tS,  showed 
Terfts  and 


lief  .Tustico 
elf.  In  tlie 
►nounce  the 
ce  assented 

for  the  con- 
two  counts, 
possessed 
"deer,  beinj,' 
conlined  in 
death,  were 
^  converted 
s  executors, 
leudaut  had 

,  does,  and 
I,  secondly, 
s,  as  his  ex- 
cept as  to  a 
I  iu  the  dec- 


laration were  not  captured,  reclaimed,  and  tamed,  or  kept  confined  i: 
inclosed  jurounds,  asalie^icd;  lastly,  as  to  the  except«'d  bucks,  does,  ana 
fauns,  the  defendant  paid  the  sum  of  jC85  into  c«)urt. 

issue  was  joined  on  these  pleas. 

The  cause  was  tried  bel'ore  (he  late  Mr.  .Justice  Coltman,  at  the  sit- 
tinji's  in  ^liddlesex,  after  llilaiy  term,  1S17.  when  the  Jury  found  a 
verdict  for  tin;  jtlaintill's  upon  tlie  issnes — testator  possessed — plaintilfs 
possessed — and  that  the  deer  were  tame  and  rechiiim  <I. 

A  rule  nisi  was  afterwards  obtained  by  the  delendaut  in  the  follow- 
ing ICaster  term  to  show  cause  why  tiiere  should  not  be  a  tH'W  trial 
upon  the  ;;round  of  niisdireelion.  that  there  had  been  nosullicientver- 
diet  found  by  the  Jury,  and  that,  if  a  sullicient  verdict  had  been  found, 
it  was  contiary  ti>  the  evidence. 

Several  (luestions  arose  upon  the  trial, — lirst,  whether  the  land 
called  Erid^e  Tark,  in  tlie  county  of  ^Sussex,  was  an  ancient  lepil  park; 
secondly,  whether  it  (tontinned  to  be  a  \v}in\  park,  or  whether  it  had 
become  dis])arked  by  the  addition  (tf  other  lands  to  the  original  i>ark, 
and  by  the  removal,  decay,  or  <lestruction  of  the  fences,  so  as  to  destroy 
the  evidence  of  the  boundaries  of  such  ancient  park;  and  whether  the 
deer  kept  iu  such  park  had  been  tamed  and  reclaimed. 

Jn  siippon  of  the  defendant's  case  various  ajuaent  documents  were 
given  in  evidence  to  eslablish  that  the  place  in  <iuestion  was  an  ancient 
legal  park,  and  that  from  a  very  <!arly  period  down  to  the  time  of  the 
death  of  the  testator  there  had  always  been  a  considerable  herd  of  deer 
maintaiiu'd  in  the  park.  And  it  was  also  i)roved  that  the  i)lace  iu 
(juestion,  consisting  of  upwards  of  TOO  acres  of  land,  was,  in  many  jiarts, 
of  a  very  wild  and  rough  description.  It  also  ajipeared  by  the  evidence 
that  certain  lands  had  been  added  to  the  origin.  I  i)ark;  and  there  was 
some  contrariety  of  evidence  in  legard  to  the  state  of  the  fences. 

It  was  also  proved  that  a  considerable  quantity  of  deer  had  the 
range  of  the  park;  and  that  some  were  tame,  as  it  was  called,  and 
others  wild.  What  in  particular  the  witnesses  meant  by  the  distinc- 
tions of  tame  and  wild  was  not  explained;  but  it  rather  seemed  that 
their  meaning  was  that  some  were  less  shy  and  timid  than  others.  It 
appeared  that  tlie  (U'er  very  rarely  escaped  out  of  the  boundaries;  that 
tliey  were  attended  by  keepers,  and  were  fed  in  tl'.e  winter  with  hay, 
beans,  and  other  fo(,d;  that  a  few  years  back  a  quantity  of  deer  had 
been  brought  from  some  other  ])la(^e  and  turned  into  Eridge  I'ark; 
that  the  d(jes  were  watched,  and  the  fawns,  as  they  dropj)ed,  were 
'•onstantiy  marked,  so  that  their  ago  at  a  future  tinie  might  be  ascer- 
tained; that,  at  certain  times,  a  number  of  deer  were  selected  from 
the  herd,  caught  with  the  assistance  of  dogs,  and  were  i)ut  into  cer- 
tain ])arts  of  tiie  park,  which  were  then  inclosed  from  the  rest,  of  sulli- 
lieut  extent  to  de[>asture  and  give  exercise  to  the  selected  deer,  which 
were  fattened  and  killed,  either  for  consumption,  or  for  sale  to  venison 
dealers;  that  the  deer  were  usually  killed  by  being  shot;  and  that  there 
was  a  regular  establishment  of  slaughterhouses  for  preparing  and 
dressing  them  for  use. 

Such  being  the  general  effect  of  the  evidence,  the  learned  judcro 
stated  to  the  Jury,  that,  by  the  general  law,  deer  in  a  park  went  to  the 
heir  at-law  of  the  owner  of  the  park;  but  that  deer  which  were  tame 
niid  reclaimed  became  personal  i>ioperty,  and  went  by  law  to  the  personal 
K'ltresentatives  of  the  owner  of  tlieni,  and  not  to  the  heir  of  the  owner 
of  the  ]tark  in  which  they  were  kept.  And  the  learned  Judge  left  it  to 
the  Jury,  whether  the  i)lace  iu  (piestion  was  pi'oved  by  the  evidence  to 
liave  beeu  an  aucient  i)ark,  with  the  legal  rights  of  a  i)ark,  and  told 


ti 

1! 


124 


ARGUMENT   OF   THE    TTNTTED    STATES. 


them  tliat,  if  it  liad  been  an  ancionr  ])ai'lc.  and  tlio  bfimularics  ('(mid 
not  now  l.'O  ascertained,  that  the  f'rancliise  ini<;iit  be  forfeited  in  refer- 
ence to  the  crown,  but  tiiat  that  would  not  a  fleet  the  ([nest  ion  bet  ween  t  iu^ 
parties  relative  to  the  deer,  that  question  beiii<,Mvhether  tiie  deer  were 
tamed  and  reclaimed;  whiidi  nuist  be  determined  with  reference  to  the 
state  and  condition  of  the  animals,  tln^  natnre  of  tlie  jdaee  where  they 
were  kept  and  the  mode  in  which  they  had  been  treated:  and  the 
learned  Judge  stated  in  writin;^  the  )|uestions  to  be  answered  by  tln^ 
jury,  which  were,  tirst,  whether  they  Ibnnd  for  the  plaintitfs,  tlie  exec- 
utors, or  for  the  defendant.  Lord  Aberjiavenny ;  secondly,  whether  they 
found  the  place  to  be  an  ancient  pai'k,  with  the  incidents  of  a  l'\';  il 
I)ark;  thirdly,  whether  the  bcmndaries  could  be  ascertained  by  distinct 
marks. 

The. jury  answered,  that  they  found  the  place  to  be  an  ancient  park, 
with  ail  the  incidents  of  a  legal  ])ark;  se<H)ndly,  that  th(>  boundaries  of 
the  ancient  park  could  be  ascertained.  And  the  Jury  e.\])vessed  a  wish 
to  abstain  from  finding  for  either  plaintiffs  or  defendant;  but,  ui)un 
being  required  to  do  so,  they  fouml  a  venlict  for  the  ])laintilfs,  and 
stated  that  the  animals  had  been  originally  wild,  but  had  been  re- 
claimed. 

The  rule  came  on  for  argument  in  Easter  term,  I.^IS;  and  it  a])])eared, 
upon  the  discussion,  that  the  objection  that  no  suflicient  verdict  !!a(l 
been  found  by  the  jury,  had  been  urged  npou  a  misapprehension  of  what 
the  Jury  had  said.  It  was  sujtposed  that  the  jury  had  not  fonnd,  in 
terms,  for  either  jdaintifis  or  defendant,  but  meiely  had  answered  the 
questions  put  to  them:  but  it  appeared,  ujion  incpiiry,  that  the  Jury 
had  been  required  to  lind  a  verdict  for  the  plaintilfs  or  for  the  defend- 
ant, in  addition  to  answering  the  ([uestions;  and  that  they  accordingly 
returned  a  verdict  for  the  plaintiffs. 

The  second  objection  was  that  thejndge  had  misdirected  the  Jury; 
and  it  has  been  contended,  in  sn])i)ort  of  that  ol»jection,  that  the  jndge 
nnist  be  held  to  have  inisdirocte<l  the  Jnry  in  having  omitted  to  im- 
press sufticientlyupon  them  the  importance  of  the  fact  of  the  deer  being 
kept  in  an  ancient  legal  park. 

JUit  the  Jndge  did  (listin<'tly  direct  the  attention  of  the  Jnry  to  the 
fact  of  the  deer  being  in  a  legal  park,  if  such  should  be  then'  ojunion 
ofthephu^e,  as  an  imi)ortant  ingredient  in  the  consideration  of  the 
question  Avhether  the  deer  were  reclaimed  or  not  when  he  directed  them 
that  the  (piestion  whether  the  deer  had  been  rechiimed  nuist  he  de- 
termined by  a  consideration,  anumg  the  othei'  matters  i»ointed  out,  of 
the  nature  and  dimensions  of  the  park  in  whicii  they  were  confined; 
and  we  do  not  perceive  any  objectionable  omission  in  thejndge's  direc- 
tion in  this  respect,  nnless  the  Jury  onght  to  have  been  directed  that 
such  fact  was  concbisive  to  negative  ihe  reclamation  of  the  deer. 

It  has  not  been,  on  the  part  t.i  the  defendant,  ('ontended.  in  terms, 
that  deer  kept  in  a  legal  park  can  in  no  case  be  deemed  to  have  been 
tamed  •)r  reclaimed,  althongh  the  argument  seemed  to  bear  thataspect; 
but  the  many  cases  to  be  found  in  the  books  in  which  tlie  (piestion  has 
been  agitated,  in  whom  the  pi»i»erty  was  of  deer  in  a  [)aik,seem  qiiite 
hiconsistent  with  such  a  position;  because  in  all  such  cases  the  argu- 
ments proceeded  upon  the  distinct  fact  that  the  deer  weie  in  a  park, 
that  is,  a  legal  park;  and  the  (piestion  was  whether  deer  eontiiiu<'d  to 
be  wild  animals,  in  which  n<»  ]»roperty  could  be  ac(piired.  and  which, 
therefore,  like  other  ganu^  and  wild  animals,  being  upon  the  land, 
]»assed  with  the  estate,  or  whether,  by  reason  of  their  being  tamed  :mi(I 
reclaimed,  a  property  could  be  ac(piired  in  the  deer  distinct  fiom  the 


(Ic; 
Jcc 

va 


:r^::^ 


AI'PKNDIX    TO    I'AUT    THIRD DIVISION    I. 


125 


ii'irs  ('(iiild 
'd  ill  H't'cr- 
I'twoeii  tlie 
1  (leer  were 

'IK'C  to  tll(^ 

.vlieiT  tlioy 
I:  and  tbe 
red  by  the, 
i,  tlic  cxcc- 
letlier  tliey 
i  of  a  1«\';;d 
by  distinct 

ciont  park, 
inidarics  of 
ist'd  a  wisli 
but,  upcm 
iiitilfs,  and 
d  been  le- 

t  ai)p!\U('d, 
rrdict  bad 
ion  of  what 
t  found,  ill 
swored  tlio 
it  tbr  jiii'y 
tlic  dcfciid- 
U'cordinyly 

1  tlic. jury; 
t  the  Judfi'o 
tti'd  to  ini- 
ideor  bc'iiij; 

jury  to  tlio 
Mr  ojniiion 

ion  of  tlio 
octcd  tbcm 
lust  be  (U'- 
itt'd  out,  of 
conliiu'd; 
;('"s  di ree- 
lected that 
deer. 

.  in  terms, 

have  been 
hat  aspect; 
lestioii  luis 

seeiii  quito 
^  the  ar.u'u- 
in  a  park, 
tntiiiu<'d  to 
and  ^vhlch, 
I  tlic  hind, 

tamed  ami 
.',t  I'loui  Llic 


estate,  altliougli  remainiiif;  in  the'  park,  and  wliich  wonld  pft««  in  like 
mail!!"'!'  as  other  ]»cisonal  ]>ro])erty. 

The  j'cneral  position,  tlierefore.  to  be  found  in  all  the  books,  that  deer 
in  a  ]tark  will  ))ass  to  the  heir  unless  tamed  and  reclaimed,  in  which 
case  t!M\v  would  pass  to  the  »!xecutor,  seems  to  be  incousistent  with  the 
]»osition  that  deer  can -not,  in  any  case,  be  c(nisidere<l  as  tamed  and 
reclaimed  whilst  they  continue  in  a  legal  jiark.  Many  authorities  are 
cit«'d  upon  that  subject,  the  names  of  which  it  is  not  necessary  to  ad- 
^•el•t  to. 

The;  observations  made  in  suii])ort  of  the  rule,  on  the  iiart  of  the 
defendant,  were  rather  addressed  to  a  complaint  thrt  the  learned  judfife 
(lid  not  give  so  much  weight  to  the  fact  of  this  being  a  legal  i>ark  as 
they  thought  belonged  to  it,  than  to  any  exception  to  what  the  Judge 
really  said  ui)on  the  subject.  There  can  be  no  doubt  that  the  learned 
counsel  on  the  part  of  the  defendant  did  not  omit  to  impress  upon  the 
jury  his  viewof  tiie  imi)ortance  of  the  factof  the  d<H'r  being  found  in  an 
ancient  and  legal  park;  and  nothing  is  stated  to  have  fallen  from  the 
judge  calculated  to  withdraw  the  att<Mition  (»f  the  jury  from  the  obser- 
\  atioiis  of  the  counsel  made  in  that  respect,  or  to  diminish  the  force 
which  justly  attaches  to  any  of  them. 

It  remains  to  be  considered  whether  the  auguments  in  support  of  the 
rule  have  shown  that  the  verdict  upon  the  issue,  whether  the  deer  were 
lame  and  reclaimed,  was  warranted  by  the  evidence.  In  showing 
cause,  on  the  i)ait  of  the  ])laintitl",  against  the  rule,  it  was  contended 
'iiat  the  con(!lusion  of  the  jury,  that  Eridge  Park  continued  to  possess 
:dl  the  incidents  of  a  hgal  i)ark,  was  not  warrant<'d  by  the  evidence; 
liecause  it  was  said  that  the  franchise  had  been  forfeited  by  the  addi- 
lion  of  other  lands  to  the  ancient  iiark,  and  the  destruction  of  the 
means  of  aceitaiiiing  the  ancient  boundaries;  and  numerous  authori- 
lies  were  I'cfei  red  t(»,  relating  to  the  rccpiisites  for  <'onstituting  an  exist- 
ing legal  jtaik,  and  of  the  causesof  the  forfeiture  of  the  franchise.  Hut 
I'm-  opinion  wi'.icii  thecouit  has  formed  upon  the  other  jiarts  of  the 
case,  render,-^  it  unnecessary  to  enter  into  the  consi('  'ration  of  that 
i|nestioii,  or  into  an  exainination  of  the  authorities  referred  to. 

riiat  it  was  jtropcv  U)  lea\ c  tiie  (luestion  to  the  jury  in  the  terms  in 
wiiicli  the  issue  is  e.\))!essly  joined  can  not  be  disputed,  and  the  direc- 
lion  that  that  (piestioii  /niistbe  <leterniiiied  by  referring  to  tiie  place  iu 
wiiich  the  deer  wi  re  kept,  to  tlu!  nature  and  liabits  of  tlie  animals,  and 
'  t  the  mode  in  which  they  were  treated,  appears  to  the  court  to  be  a 
I  oirect  divection;  aii'l  it  seems  ditlicult  to  ascertain  by  what  other 
neans  the  (piestion  sliould  be  deteiinined,  whether  the  evidence  in 
iiiis  case  was  such  as  to  warrant  a  ''oiicliision  that  the  deer  were  tamed 
ind  reclainiv'd. 

The  court  is,  'herefore.  of  opiii  cii  that  the  rule  can  not  be  supported 

I  the  gToiind  <  f  misdirection. 

It  is  not  colli '.'iided  that  there  was  no  evidence  fit  to  be  submitted  to 
tlie  jury,  and  that,  therefoie,  the  plaintilf  ought  to  have  been  non- 
-iiited;  but  it  is  said  that  the  weight  of  evidence  was  against  the  ver- 
<!ict. 

In  considering  whetiier  the  evidence  warranted  the  verdict  upon  the 
i-sue,  whether  the  deer  wen^  tamed  and  reclaimed,  the  oliserviitions 
'  ule  by  Lord  (3hief  .Justice  W'iiles  in  tlu^  case  of  i>avi(!S  r.  I'owell,  are 
licserving  of  attention.  The  dilference  in  regard  to  the  mode  and  ob- 
ject of  ke«'ping  dt  r  i:.  modern  times  from  that  which  anciently  pre- 
\  lileo.,  as  pointed  out  Ity  Lord  <"Iiief  Justice  Wilh^s,  can  not  be  over- 
li'uked.    It  is  truly  slated  that  ornament  and  profit  are  the  sole  ob- 


126 


ARGUMENT   OF    TIIR    UNITED    STATES. 


jectR  for  wliich  deer  are  now  ordinarily  kept,  wlietlier  in  aiioiont  lo^al 
parks  or  in  modern  inclosnres  so  called;  the  instances  licinji-  very  rare 
in  wiiieh  deer  in  sueli  |)laees  are  kept  and  nsed  for  sport;  indeed,  tlieir 
wliole  management  dill'erins  very  little,  if  at  all,  fiom  tliat  of  slicop,  or 
of  any  other  animals  kept  for  profit.  And,  in  this  case,  the  evidence 
before  adverted  to  was  that  tli<'  deer  were  reji'nlarly  fed  in  the  winter; 
the  does  with  yonnj;  were  watched;  the  fawns  taken  as  soon  as  dropped, 
and  marked;  selections  from  the  herd  nmde  from  time  to  (im(\  (atteiied 
in  places  prepared  for  them,  and  afterwards  sold  or  consnincd,  with  no 
dilferenee  of  eircnmstance  than  what  attached,  as  before  stated,  to 
animals  kei)t  for  ])rofit  and  food. 

As  to  some  bein<;'  wild,  and  some  tame,  as  it  is  said,  individual  ani- 
mals, no  donbt,  diifered,  as  imlividnals  in  almost  every  race  of  animals 
are  found,  under  any  cinnimstanees  to  differ,  in  tliede<;r«'e  of  tameness 
that  belonfjs  to  them.  Of  deer  kept  in  stalls,  some  wonhl  be  toniid 
tame  and  j^entle,  and  others  (piite  irreclainnible,  in  the  sense  of  tcii;,)e, 
and  quietness. 

lJ])on  a  (piestion  whether  deer  are  tamed  and  reclaimed,  <^h!  •t^^> 
must  depend  upon  the  particular  facts  of  it;  and  in  this  case,  tlu-cou)  L 
think  that  the;  facts  were  such  as  were  proper  to  be  submitted  to  the 
jury;  aiul,  as  it  was  a  question  of  fact  for  the  Jury,  the  c(»urt  can  not 
])erceive  any  sullicient  jj^iw  unds  to  warrant  it  in  saying'  that  the  jury 
Lave  come  to  a  wronj>'  (tonclusion  upon  the  evidence,  and  do  not  feel 
authorized  to  <listurb  the  verdi(!t;  and  the  rule  for  a  new  trial  must, 
therefore,  be  discharged.     Kule  discharged. 


fJolin  Diivics  r.  Thomas  Powell  and  six  others.    Wilh's's  Iicports,  17;>7-1T58.] 

The  following  opinion  of  the  court  was  thus  given  by  NN'illes,  bord 
Chief  Justice: 

Trespass  for  breaking  and  entering  the  close  of  the  i)laiiili!f  called 
(,'aversham  I'ark,  containing  (»()(»  acies  of  land,  in  the  parisli  of  <;a\-er- 
sliam  in  the  county  of  Oxford,  for  treading  down  the  grass,  and  for 
chasing  taking  and  carrying  away  ilircrsas  J'trns,  riihli"tt,  lOO  l)ucks 
100  does  and  (iO  fawns  of  tiie  valne  ol'  .CflOO  of  the  said  plaiiitil!'  iitclii- 
na.s  etcoarctdla.s 'u[  the  said  close  of  the  said  i)Iaintitf.     Dannige  jCTOO. 

The  defendants  all  Join  in  the  same  ])lea;  and  as  to  the  force  and 
arms,  etc.  they  i)lead  not  guilty,  but  as  to  tlu'  icsidue  of  the  trespass 
theyjuslify  as  servants  of  !IiiarU'.>,  ijord  Cadogan,  and  set  forth  tliat  the 
])laee  where,  etc.,  at  the  time  when,  etc.,  was,  and  isapaik  inclosed  and 
fenced  with  jiales  and  rails,  called  and  known  l>y  the  name  of  ("aver 
sham  Park,  etc.;  and  that  the  said  Lord  ('adogaii  was  seized  tliereol 
and  als(K)f  a  messuage,  etc.,  in  his  demesne  as  of  fee,  and  being  so  seized 
on  the  .'{(!  of  August,  17.'5((,  by  indenture  demised  the  sanu^  to  the  plain- 
tiff by  the  nanu'  (iiili-r  (din)  of  all  the  said  park  cidled  Caveisliam  Tark 
from  Jjady-day  then  last  past  tor  the  term  of  7  yeais,  uinler  the 
rent  of  jC1l'+  L'.v.  The  deer  are  not  ])a)ticularl>  demised,  but  there 
is  a  covemmt  that  the  plaintiff,  his  executors,  and  administrators 
slnudd  from  tinu^  to  time  during  the  term  iceep  the  full  iiuiidter  of 
100  living  deer  in  and  ui)on  the  said  demised  premises,  or  in  or  upon 
S(Uiu^  parts  thereof.  And  Lord  ('adogan  c  -nants  '^n  allow  the 
plaintiff  in  the  wi'iter  yearly  during  the  term  i  Acnty  ioiMs  of  boughs 
and  lops  of  trees  ibr  britwse  lor ///.v  drer  to  fe"'1  oi-,  Ci.llinfr  iicui  there,  as 
hedoes  in  other  i)artsof  the  lease,  tiu'deer  of  tl;<  sai;!  'vina  iJavies;  and 
likewis<' covenants  that  if  tiie  piaiuliri' sliall  on  llie  n^ast  of  St.  Michael 
next  before  the  e\j[iiration  tiie:eol'  p.iy  Lord  Cadogan  all  tlie  rent  that 


I 


APi'ENDIX    TO    PAIiT    THIRD DIVISION    I. 


127 


iont  lo£?al 
very  rare 
('('(I,  tlieir 
slicop,  or 
evidence 
le  winter; 
1  (hopped, 
.  latteued 
1,  witli  no 
•stated,  to 

idiuil  ani- 
)!'  luiinials 
taineness 
be  touiid 

of  tiM>!,)e. 
,  tlu-t  (HI)  I 

ted  to  the 
rt  can  not 
t  the  jury 
lo  not  feel 
rial  must, 


;;7-i7r)8.] 
illes,  Lord 

tin'  called 
(if  <':iver- 
.  and  lor 
(to  Idieks 
it  if!'  iiielK- 
;iye  .JCTMO. 
force  iiii(' 
'  irespass 
h  tliatthe 
•loscd  and 
(if  Caver- 
cd  tliereol 
X  so  seized 
tlic  piain- 
,haui  I'ailv 
luder   the 
hut    there 
iuistrators 
MUMiher  of 
u  or  upon 

allow  the 
of  houji'lis 

II  there,  as 
avics;  and 
>t.  Michael 
e  rent  that 


I 


would  be  due  at  the  expiration  (»f  the  lease,  then  the  jdaiutifl",  his  ex- 
ecutors, etc.,  niijiiit  sell  or  dispose  of  anv  or  all  (»f  the  deer  that  lie  or 
they  should  have  in  the  said  parU  at  any  time  in  the  last  year  of  the 
said  term,  aiiythiuji'  ill  the  said  indenture  to  the  contrary  in  anywise 
notwithstanding;'.  And  tin;  defendants  justify  taking  the  said  deer  as 
a  distress  for  £ISC)  rent  due  at  St.  Tliom  sday.  17;51,an(l  say  that 
they  did  seize,  ehase,  anc'  drive  away  the  said  deer  in  the  <leelara- 
tion  mentioned  then  and  there  found,  *•  beinj;'  the  propei'ty  of  and  be- 
lon^iii}?  to  the  said  John  Da  vies,''  in  tlui  name  of  a  distress  for  the 
said  rent;  and  then  set  forth  that  they  c<)mi>lied  wirli  the  several 
re(iuisites  directed  by  the  act  eoneernin^' distresses  (and  to  which  there 
is  no  objection  taken)  that  the  deer  were  ap])raised  at  £1(11  lo.v.  (w/., 
and  that  they  were  afteiwards  sold  lor  JC80  i!).s'.,  beinji"  the  best  ])rice 
they  (tonld  jict  for  the  same;  and  that  the  said  sum  was  jiaid  to  Lord 
Cado<;an  towards  satisfaction  of  the  rent  in  arrear;  and  that  in  tak- 
iufi  such  distress  they  did  as  little  damaj^'e  as  they  could. 

To  this  plea  the  plaintilf  demurs  generally,  and  the  defendants  join 
in  demurrer. 

And  the  sinjiie  (piestion  that  was  sul)mitted  to  the  judj;inent  of  the 
court  is  whetliei'  these  deer  under  tiiese  eireumstanees,  as  they  are  set 
forth  in  the  i)leadin,i;s,  were  distrainable  or  not.  It  was  insisted  for 
the  i)laintiff  that  Ihey  were  not; 

(1)  Beeause  they  were  _/"6'>(r  «<(^»rrt',  and  no  one  can  have  absolute 
l>roperty  in  fhem. 

(U)  JJecause  they  are  not  chattels,  but  are  to  be  considered  as  here- 
ditaments and  incident  to  the  pai'k. 

(;i)  Jiecause,  if  not  hereditaments,  they  were  at  least  part  of  the 
thinji'  demiseiL 

(4)  Their  last  arf-ument  was  drawn  (th  iint.sitato,  because  there  is  no 
instance  in  which  de(M'  have  been  adjud.ued  to  be  distrainable. 

First.  To  support  the  lirst  objection,  ami  which  was  ]uiiicipally  re- 
lied on  by  the  counsel  for  the  ])laiutiif.  they  cited  I'incli  17(i;  l>ro.  Abr., 
't.     Projierty,"' 1)1  L'O;   Keilway,  ;j\)  b;  Oo.  Lit.  47  a  ;  1  liol.  Abr.  (»»»('»;  and 
Si  \ci'al  otluM'  old  books,  wherein  it  is  laid  down  as  a  rule  that  deer  are 
^.^  distrainable;  and  the  case  of  Mallocke    i'.    ICasrley,  ;{  Lvv.  'JL'7, 
'  'i-re  it  was  holden  that   trespass   will    not  lie  foi'  det-r,  unless  it  ap- 
cars  rhat  they  are  tame  and  reclaimed.     They  likewise  tnted  3  Inst. 
•  0-  -i(»,  and  1  Hawk.  I'.  O.  !I4  to  prove  that    it  is  n(»t  felony  to  take 
away  deer,  conies,  etc.,  uidess  tanu'  and  reclaimed. 

I  do  admit  that  it  is  generally  laid  down  as  a  ride  in  the  old  books 
that  deer,  coides,  etc..  are  /"cnr  natiour,  and  that  they  are  not  distrain- 
;il)le;  and  a  man  can  only  have  a  pioperty  in  thorn  rafionc  luci.  And 
liiereforein  the  case  of  swans,  (7  Co.  lo.  1»»,  17,  18)  and  in  sevei-al  other 
I  links  there  cited  it  is  laid  down  as  a  rule  that  wlnne  a  man  brings  an 
iirtioii  for  chasing  and  taking  away  deer,  hares,  rabbits,  etc.,  he  shall  not 
-ly  Niiox.  because  lie  has  (hem  only  for  his  game  and  pleasure  ralioim 
! '  iril('fi!i  whilst  they  are  in  his  i)ark,  warren,  etc.  iJiit  there  are  writs 
li:  the  register  (fed.  lOL'),  a  book  of  the  greatest  authority,  and  .several 
ii:;i(r  pli  (;es  in  that  book  which  show  that  this  ride  is  not  always 
;i  lliered  to.  The  writ  in  folio  UL'  is  ''qnnrv,  dmiaum  iihsius  A.J'm/ct  il 
i  travit,  d"  cunicnlos  nudn  ccyjiV." 

I'he  reason  gi\en  for  this  opinion  in  the  books  why  they  are  not 
(li->trainable  is  that  a  man  can  have  no  valiial)h'  property  in  them.  J>ut 
tlicruleis  plainly  too  geiieial,  for  the  rule  in  Co.  iat.  is  extended  to 
<l"gs,  yet  it  is  clear  now  that  a  man  may  have  a  valuable  pr()])crty  in  a 


"«■• 


Trover  has  been  several  times   brought  for  a  dog,  and  great 


128 


ARGUMENT   OF    THE    UNITED    STATES. 


if' 


damsifres  have  been  recovered.  Besides  the  nature  of  thfiijivs  is  now 
very  much  altered,  and  the  reason  which  is  ^iven  lor  the  rnh^  tails. 
Deer  were  formerly  k(^i)t  only  in  forests  or  chases,  or  such  i)arks  as 
were  parks  either  by  }>raiit  or  prescription,  and  were  considered  rather 
as  things  of  i)leasure  than  of  prolit;  but  now  they  are  fre(]uently  kei)t 
in  in(!losed  grounds  which  aie  not  ])roperly  ])arks,  and  are  kept  princi- 
pally for  the  sake  of  prolit,  and  therefore  must  be  considered  as  other 
cattle. 

And  that  this  is  the  case  of  the  deer  which  are  distrained  iu  the  pres- 
ent case  is  adnutted  in  the  i>lea(1ings.  The  plaintiff  by  bringing  an 
action  of  trespass  for  them  in  sr  ae  measure  admits  himself  to  have  a 
property  in  them;  and  they  ai\j  laid  to  be  hwhistis  ef  <'0<irctrilfis  in  his 
close,  which  at  least  gave  hiui  a  property  rationc  loci ;  iind  they  are  laid  to 
betaken  aic  i  istrMiued  there;  but  what  follows  makes  it  still  stronger, 
for  in  tlie  dt.r.  t  forth  in  the  plea,  and  on  which  the  question  de- 

pends, they  are :  jal  times  called  the  (leer  of  John  Davies,  the  plaintiff, 
and  he  is  at  libeii>  to  dispose  of  them  as  his  own  belbre  the  expiration 
of  the  term  on  the  condition  there  mentioned.  And  it  is  expressly  s;ri<l 
that  the  defendants  distrained  the  deer  being  tiie  property  of  the  said 
John  Davies;  it  is  also  ]tlain  that  he  had  a  valuable  proi)erty  in  them, 
they  having  been  sold  for  jCS(»  l!>.v,  both  which  facts  are  admitted  by  the 
demurrer.  The  plaintiff  therefore  in  this  case  is  estopped  to  say  eitiier 
that  he  had  no  property  in  them  or  that  his  property  was  of  no  value. 
Besides  it  is  exjiressly  said  in  15ro.  Abr.,  tit.  "Troperty,"  pi.  4t,  and 
agreed  in  all  the  '  ooks,  that  if  deer  or  any  otiier  things  fcrw  naturw 
beconte  tame  a  man  may  have  a  proi>erty  in  them.  And  if  a  man  steal 
such  deer  it  is  certainly  felony,  as  is  admitted  in  .'i  Inst.,  110,  and 
Hawk  P.  C,  in  the  i)lace  belbre  cited. 

Upon  a  suj)position,  therefore,  which  I  do  not  admit  to  be  law  now, 
that  a  man  can  have  no  ])r(>]>erty  iu  any  but  tame  deer,  these  nuist  be 
taken  to  be  tame  deer,  because  it  is  admitted  that  the  i)laintilf  had  a 
lU'operty  in  them. 

Second.  As  to  their  not  being  chattels  but  hereditaments  and  in<!i- 
dent  to  the  park  and  so  not  distrainable,  scneral  cases  were  cited:  Co. 
Lit.,  47  b.  and  7  Co.  17  b. ;  where  it  is  said  that  if  the  owner  of  a  i)ark 
die  the  deer  shall  go  to  his  heir  and  not  to  his  executors;  and  the 
statute  of  Marlbridge  (ai'  Hen.  Ill,  c.  L*2),  where  it  is  said  that  no  one 
shall  distrain  his  tenants  Wc  lihcro  tcnenienio  sno  hit  de  aliiiiiihvs  ad 
libcrum  tvnementum  spcctautilrKs.  I  do  admit  the  rule  that  heredita- 
ments or  things  annexed  to  the  freehold  are  not  distrainable;  and 
l)ossibly  in  the  case  of  a  park,  properly  so  called,  which  nuist  be  either 
by  grant  or  prescription,  the  deer  amy  in  some  measure  be  said  to  be 
incident  to  the  park;  but  it  does  not  appear  that  this  is  such  a  paik, 
nay  it  must  be  taken  not  to  be  so.  In  the  declaration  it  is  stiled  tlir 
clo.se  of  the  plaintiff]  called  (Javersham  Park.  In  the  ]dca  indeed  it  is 
stiled  a  park,  called  (Javersham  Park;  but  it  is  not  said  that  it  is  a 
park  either  by  grant  or  presia-iption;  and  it  can  not  be  taken  to  be  so 
on  these  pleadings,  but  must  be  taken  to  be  a  close  where  deer  have 
been  kept,  and  which  therefore  has  obtained  the  name  of  a  park,  because 
the  deer,  as  1  mentioned  before,  are  called  the  deer  of  John  Davies,  and 
because  he  is  at  liberty  to  sell  them,  and  so  to  sever  them  from  the 
jiark  before  the  exi)iration  of  the  term.  And  in  Hale's  History  of  the 
I'leas  of  the  Crown  (1  vol.  fol.  4i»l),  cited  for  the  defendants,  it  is  ex- 
])ressly  said  that  there  may  be  a  park  in  reputation,  "  as  it  a  man 
iucluse  &  piece  of  ground  and  put  deer  in  it,  but  that  makes  it  not  a 


Ari'KNDIX    TO    PART    THIRD DlVI!?lON    I. 


120 


is  now 
W  fails, 
iuks  as 
I  ratlicr 
tly  ki'i't 
I  priiM'i- 
iis  other 

l\«i  pres- 
}riii«>-  an 
»  Inive  a 
ns  in  his 
10  hiUl  to 
;tro)i}j,er, 
stion  (le- 
plaintiff. 
^epilation 
>ssly  said 
t"  the  said 

in  them, 
ed  by  the 
;ay  either 
no  vaUie. 
,1.  44,  and 
(V  »«/»»•«• 
man  steal 

110,  and 

law  now, 
must  be 
it  ill' had  a 

and  inei- 
jited:  Co, 
of  a  i)ark 
;  and  the 
iit  no  one 
'KliiilniN  ad 
■j  h<'redita- 
able;  and 
be  either 
aid  to  be 
•li  it  park, 
stiled  the 
kleed  it  is 
Init  it  is  a 
111  to  be  s(> 
|d(>er  have 
I/,-,  beeause 
hiv'u's,  am 
In  from  the 
ory  of  the 
"it  is  ex- 
it a  man 
.'S  it  not  ii 


l)ark,  without  a  prescription  time  out  of  mind  or  the  Kind's  charter." 
(V'id.  Stat..  -I  K(l.  I.  df  iiKtlc/'iictdi-ilui.s  in  fxacis  there  rcl'cired  to). 

Third.  As  to  tlic  tliinl  objection  tiiat  tlie  (h'cr  are  i»art  of  tiie  thinj; 
demised,  nid  eoiise(inently  not  dislrainabh'.  tlie  only  case  which  was 
cited  to  prove  this  was  the  case  of  tithes,  whicli  is  notiiiii,t:'  to  tlie  pur- 
pose; because  wliere  tit  lies  only  are  h't  a  man  can  not  reerve  a  rent, 
il  bein,H()nly  a  pcisonal  contract.  Witiumt  (U'nyiiiii'  the  rnle,  whicii  I 
l)elie\e  is  <i'enerally  triu',  the  fact  iiere  will  not  wai'raiit  it,  for  they  are 
not  pait  of  the  tliinj;'  demise<l.  They  are  not  mentioned  in  the  descrip- 
lion  of  the  i)articii!ars,  and  can  not  be  ])art  of  the  Ihinj;-  demised  for 
tlie  reason  before  };iven,  bi'cause  tliey  may  be  sold  and  disposed  of  by 
the  i)laintiff  betore  the  e.\|»iration  of  the  demise. 

Fourth.  The  last  arji'iiment,  (ii'awii  ah  iniisitato,  thouu'li  ficneridly  a 
very  ^ood  one,  does  iu)t  hold  in  the  present  case.  When  tln^  miture  of 
t  liinji's  elianjies,  the  rnles  of  law  must  change  too.  When  it  was  holden 
I  Mat  deer  were  not  distrainable,  it  was  because  they  were  kept  princi- 
pally for  |)leasure  and  not  for  prolit,  and  wen^  m)t  sold  and  turned  into 
!iio;u'y  as  they  are  now.  But  now  they  aie  become  as  nnich  a  sort  of 
husbandry  as  horses,  cows,  shee]).  or  any  other  cattle.  Whenever  they 
are  so  and  it  is  universally  known,  it  woidd  be  ridicnious  to  say  that 
when  they  are  ke|)t  nu'rely  tor  ]>rolit  they  are  not  distrainabh-  as  other 
cattle,  though  it  has  been  liolden  that  tliey  were  not  so  when  they  were 
kept  only  Ibr  i»leasure,  The  rnles  concerning  ])ersoiial  estates,  which 
were  laid  down  when  ]iersonal  estates  were  bnt  small  in  jnoportion  to 
lands,  are  (piite  varied  both  in  courts  of  law  and  equity,  now  that  ])er- 
siinal  estates  are  so  innch  increased  and  become  so  considerable  a  part 
nt  the  property  of  this  kingdom. 

Therefore,  without  contradicting  the  reasons  which  are  laid  down 
concerning  this  matter  in  the  ancient  books,  and  withont  determining 
anything  with  respect  to  deer  in  tbrests  and  (liases  or  parks  jn-operly 
so  called,  concerning  which  we  do  not  think  it  necessary  to  determine 
anything  at  present,  we  are  all  of  opinion  that  we  are  well  warranted 
liy  the  ])lcadings  to  determine  that  these  deer,  under  the  circumstances 
iu  which  they  ajtpear  to  ha\('  l)een  kept  at  the  time  when  this  distress 
was  taken,  were  i)roperly  and  legally  distrabied  for  the  rent  thai  was 
;ii  arrear. 

There  mnst  therefore  be  jiidguieut  fur  Llie  dcieudauta. 
1474U U 


I 


It 


130 


AKCiLIiMENT   VF    THE    UNITEJJ    iiTATES. 


^f 


ir. — TuE  Eight  of  tub  United  States  to  Tuotect  their  Seal- 
ing Interests  and  Industuy. 

The  principal  qacstioti  which  the  United  States  Governiiient  con- 
ceives to  be  in-esentecl  for  tlie  decision  of  tliis  Jliyli  Tribunal,  is  thus 
stated  in  tlie  Case  of  the  United  States  (p.  L'U'J) : 

Whether  individuals,  not  subjects  of  tlie  United  States,  have  a  riyht 
as  afjainstthat  Government  and  to  which  it  inii  !  submit,  to  enj^aj;!'  in 
the  devastation  complained  of,  which  it  forbids  ^  its  own  c'  izens,  and 
which  must  result  in  the  speedy  <lestiuclion  of  the  entire  property,  in- 
dustry, and  interests  involved  in  the  i»reservation  of  the  seal  herd. 

In  reply  on  its  part  to  this  question,  three  propositions  of  law  are  set 
forth  by  the  United  States  Government  in  its  Case  (p.  300): 

Kirst.  That  in  view  of  the  facts  and  circumstances  established  by 
the  evidence,  it  has  such  a  property  in  the  Alaskan  seal  herd,  as  the 
natural  produet  of  its  soil,  made  cliielly  available  by  its  protection 
and  expenditure,  iiighly  valuable  to  its  people,  and  a  considerable 
source  of  public  revenue,  as  entitles  it  to  preserve  the  lierd  from 
destruction  in  the  nuinuer  complained  of,  by  an  empk)yment  of  such 
reasonable  force  as  may  be  necessary. 

Second.  That,  irrespective  of  the  distinct  right  of  property  in  the 
seal  herd,  the  United  States  Government  has  I'or  itself  and  for  its 
people,  an  interest,  an  industry,  and  a  commerce  derived  from  the  legit- 
imate and  proper  use  of  tlie  produce  of  the  seal  herd  on  its  teriitory, 
which  it  is  entitled,  upon  all  principles  applicable  to  the  case,  to  pro- 
tect against  wanton  destruction  by  individuals,  lor  the  sake  of  the 
snuill  and  casual  profits  in  that  way  to  be  gained;  and  that  no  part  of 
the  high  sea  is  or  ought  to  be  open  to  individuals,  tor  the  pui[)ose  oi 
accomplishing  the  destruction  of  mitional  interests  of  such  a  character 
and  im[)ortanee. 

Third.  That  the  United  States,  possessing  as  they  alone  possess,  the 
power  of  preserving  and  cherishing  tliis  valuable  interest,  are  in  a 
nu)st  Just  sense  the  trustee  thereof  for  the  benetit  of  nninkind,  and 
should  be  permitte«l  to  discharge  their  trust  without  hindrance. 


KIGllT    TO    I'lJOTKCT    INTKliKSTS    AND    INDUSTRY. 


131 


in  tlie  division  (if  the  iirj>iijnent  that  lias  boon  niado  botwcoii  ('(tunsi'l 

for  coiivt'iiieiu'e'  .sake,  the  liist  and  third  of  those  propositions,  which 

are  naturally  connected,  have   been  exhaustively   discussed  by  Mr. 
Carter. 


Eiu  Seal- 


lUACUt   cou- 

lal,  is  thus 


avo  a  riiiht 
I,  enj;agc  in 
i  izens,  and 
iioperty,  iu- 
!al  herd. 

flaw  arc  set 


ablished  by 
herd,  as  the 
s  protection 

onsiderable 
herd    from 

tent  of  such 

)orty  in  the 
and   for  its 
)in  tlie  h'jjfit- 
its  territory, 
case.  t(»  pro- 
sake  of  the 
at  no  part  of 
le  purpose  of 
1  a  character 

possess,  the 
■est,  are  in  a 
iuankind,  and 
Irauce. 


{  ! 


Before  proceeding  to  that  consideration  of  the  secoiul  projjositiou 
which  is  the  princii)al  puri»ose  of  this  argument,  the  undersigned  de- 
sires to  add  in  respect  to  the  lirst,  S(nne  brief  suggestions,  which  are 
perhaps  only  a  restatement  in  aditlerent  form,  of  what  has  been  already 
advanced. 

Whatever  else  is  in  dispute,  certain  facts  in  rehition  to  tiie  seal  herd, 
its  qiuilities,  and  its  necessities,  are  not  denied. 

The  seal  is  an  am])hibiousaninuil,  polygamous,  altogether  SMi</CHe/-j.s', 
and  very  peculiar  in  its  habits.  A  lixed  home  upon  land  during  several 
months  in  the  year  is  necessary  to  its  reproduction,  ami  to  the  per[)et- 
uation  of  its  species.  It  has  established  this  home,  from  the  earliest 
known  period  of  its  existence,  on  the  L*ribilof  Islands,  to  which  it  returns 
annually  with  an  unfailing  animus  revortciuU  and  an  irresistible  in- 
stinct, and  \vhere  it  remains  during  several  months,  and  unlii  the 
young  which  are  born  there  have  acquired  sutlicient  growth  and 
strength  to  depart  on  their  periodic  and  regular  migration. 

While  on  land  it  submits  readily  to  the  control  of  num,  and  indeed 
cnnunits  itself  to  his  i)rotection.  And  it  is  testified  by  credible  wit- 
nesses that  every  seal  in  the  herd,  were  it  desired,  could  be  branded 
with  the  mark  of  the  United  States. 

The  (rovernment  has  fostered  and  protected  the  seals,  as  did  the 
Itussian  Government,  its  predecessor  in  the  ownership  of  these  islands, 
l».v  careful  legislation  and  by  constant  and  salutary  executive  control, 
and  has  established  out  of  the  seal  i)roducts  an  important  and  vahnible 
industry.  Without  this  protection  the  animal  wouhl  long  since  have 
l)een  exterminated,  as  it  has  been  almost  everywhere  else. 

When  the  female  seals  arrive  on  tie  islands,  they  are  pregnant  with 
tlie  young  which  were  begotten  there  during  the  previous  season. 
After  the  young  are  born,  the  mothers,  while  suckling  them,  are 
accustomed  almost  daily,  and  from  necessity,  to  run  out  to  sea  beyond 
the  linnts  of  the  territorial  waters  in  pursuit  of  food,  leaving  the  young 
iiM  tiie  islands  during  their  absence. 

Upon  these  facts  alone,  it  is  insisted  by  theUnitcd  States  Government, 
that  it  has  such  a  property  in  the  seal  herd,  the  produce  of  its  territory 
a)i(l  appurtenant  thereto,  as  entitles  that  Government  to  protect  it 
I'louiexternunation  or  other  unauthorized  and  injurious  interference. 


132 


AUGUMKNT    OF    TIIK    t'MTEI)    STATES. 


The  complete  liylit  of  i>r(>|)Oity  in  tlio  (Joveinment  while,  Iho  iiiiiniuls 
are  njtoii  tlie  shore  or  within  the  ciumoiisliot  ranye  which  marks  the 
hiiiit  of  territorial  waters  can  not  be  denied.  The  only  (luestion  is 
whether  it  has  such  a  rij^ht  oiitsicU*  of  that  line,  while  the  seals  are  on 
their  way  to  tlie  islands  in  the  re<;nlar  i)ro^ress  of  their  migration  at 
the  season  of  reproduction,  or  when,  while  remaining  on  the  islands, 
the  females  are  passing  to  and  fro  in  the  open  sea  in  (piestof  the  food 
necessary  to  sustain  the  young  left  there,  and  wiiich  would  perish  if 
their  mothers  were  destroyed.  The  clear  statement  of  this  (pu'stion 
and  of  the  facts  ui)ou  which  it  depends,  woukl  seem  to  render  its  answer 
obvious. 

(1)  Even  upon  the  ordinary  principles  of  municipal  hiw  as  adminis- 
tered in  courts  of  Justice,  sucii  a  p/operty  woukl  exist  under  the  cir- 
cumstances stated.  It  is  a  general  rule,  long  settled  in  the  common 
law  of  England  and  America,  thatwhere  useful  animals, naturally,  wild 
have  become  by  their  own  act,  or  by  the  act  of  those  wiio  have  sub- 
jected them  to  control,  established  in  a  home  upon  the  land  of  such  per- 
sons, to  which  the  aninnils  have  au  animum  revcrtendi  or  fixed  habit  of 
return,  and  do  therefore  regularly  leturn,  where  they  are  nurtured,  pro- 
te  ted,  and  made  valuable  by  industry  and  expenditure,  a  title  arises 
in  the  proprietors  of  the  land,  which  enables  them  to  prevent  the  de- 
struction of  the  animals  while  temporarily  absent  from  the  territory 
where  they  belong;  a  title,  however,  which  would  be  lost  should  they 
abandon  permanently  their  habit  of  return,  and  regain  their  former  wild 
state. 

It  is  under  this  rule,  the  justice  of  whicli  is  apparent,  that  property  is 
admitted  in  bees,  in  swans  and  wild  geese,  iu  pigeons,  in  deer,  and  in 
many  other  animals  originally /(;>•(«  iiatnf(e,  hut  yet  capable  of  being 
Ijartially  subjected  to  the  control  of  man,  as  is  fully  shown  by  the 
numerous  authorities  cvted  in  and  ap[)ended  to  Mr.  Carter's  argument; 
and  that  i)oint  need  not  be  further  elaborated.'  The  case  of  the  seals 
is  much  stronger,  iu  conseipience  of  their  peculiar  nature  and  habits  of 
life.  Their  home  on  American  soil  is  not  only  of  their  owu  selection, 
but  is  a  ])ermanent  home,  necessary  to  their  existence,  and  in  respect  to 
which  they  uever  lose  the  animum  rcccrtcndi.     Upon  tlie  evidence  in 

•  Seo  also  tbd  ciiscs  of  llaniiaiu  v,  Mockett,  2  I5;irius\v,»ll  v.  Crt\s.s\vell'8,  Rep.,  p. 
013;  Kecl)l«  r.  Iliiliciliiuill,  Holt's  K'c|i.,  p.  17,  mikI  Ciirriiii;ton  r.  Tiiylor,  1  Eust'a 
Ki'p.,  p.  571,  and  Kopovter's  iioto,  from  wliicU  oxtracts  are  yi\uu  iu  appoudix  to  this 
poitiou  of  the  arguiucul,,  p.  16U. 


RIGHT    TO    riiOTKCT    INTERESTS    AND    INDtSTllY, 


in3 


uiiinuls 
rks  the 
stioii  is 
i  are  on 
iition  at 
islamls, 
tlie  food 
perish  if 
[jueslioii 
s  answer 


ailininis- 
L-  the  cir- 
coiuuiou 
iUly,\viUl 
ave  sub- 
such  per- 
l  habit  of 

ure(l.pi't>- 
tle  arises 
it  the  de- 
ter ritory 
>uld  they 
uicr  wild 

roperty  ia 

n',  and  in 
of  being 

\n  by  tlio 
ryi  nient; 

'  the  seals 

habits  of 

seleetion, 

respeet  to 

videncc  in 

ii's,  Rop.,  p. 
lor,  1  EiiBt's 
udix  to  this 


this  ease  it  is  «;ravely  to  be  doubled,  whether  if  tlie  United  Slates  (lov- 
ernnient  should  now  rei»elthein  from  tlie  i'ribylof  Islands,  and  ]n'eveiit 
lienceforth  tluir  lauding  theic  as  they  are  accustouied  to  do,  thert;  is 
any  other  laud  in  those  seas,  affording  tiie  requisite  (pialilies  of  soil, 
climate,  atmosphere,  approach,  propinquity  to  tlie  water,  food,  and 
freedom  from  disturbance,  on  ^vhi(•ll  tiny  woidd  be  able  to  reestablish 
themselves,  so  as  to  continue  their  existence. 

Especially  di)es  the  rule  of  law  above  stated  a])])ly  to  animals,  which 
in  their  temporary  departure  from  their  a('custi)iiie<l  home,  enter  upon 
no  other  jurisdiction,  and  derive  neither  sustenance  nor  iirotection  from 
any  other  proprietor,  but  only  pass  through  the  waters  of  the  common 
highway  of  nations,  where  all  rights  are  relative. 

(2)  But  upon  the  broader  princi[>le-i  of  international  law  apiilica- 
ble  to  the  case,  the  right  of  pi'operty  in  these  seals  in  the  United 
States  Government  becomes  still  clearer.  Wlnn-e  animals  of  any 
sort,  wild  in  their  original  nature,  are  attached  and  become  appur- 
tenant to  a  maritime  territory,  are  not  iiiexliaustible  in  their  pro- 
<luct,  are  made  the  basis  of  an  iuqiortant  industry  on  such  territory, 
and  would  be  exterminated  if  thrown  ()[)en  to  the  general  and  unre- 
stricted pursuit  of  mankind,  they  become  the  Just  i)r<q)erty  of  the 
nation  to  which  they  are  so  attached,  and  from  which  they  derive  the 
]»rotection  without  which  they  would  cease  to  exist,  even  though  in 
the  habits  or  necessities  of  their  life  some  of  them  jiass  from  time  to 
tiaie  into  the  adjat'cnt  sea,  beyond  those  limits  which  by  omition  con- 
sent and  for  the  purposes  of  defense,  are  regarded  as  constituting  a  i>ait 
of  the  national  territory.  In  such  a  case  as  this,  the  herd  and  the 
industiy  arising  out  of  it  become  indivisible,  and  constitute  but  one 
])roprietorship. 

While  the  United  States  Cov<'!'n!U(Mit  asserts  and  stands  ujion  the 
fidl  claim  of  pro])erty  in  the  seals  wliieh  we  have  atf empied  to  establish, 
it  is  still  to  be  borne  in  mind  that  a  more  qualilii'd  rigid  would  yet  be 
sMiTicient  for  the  actual  refpiirements  of  the  present  case.  The  ques- 
tion here  is  not  what  is  the  right  of  ownership  in  an  individual 
seal,  should  it  wander  in  some  other  period  into  some  other  and  flir 
distant  sea;  that  is  an  inquiry  not  essential  to  he  gone  into;  but  what 
is  the  right  of  property  in  the  herd  as  a  whole,  in  the  seas,  and  under 
tlie  circumstances,  in  which  it  is  thus  availed  of  by  the  United  States 
Goverumeut  as  the  foundation  of  an  important  national  concern,  and  in 


l{ 


13i 


■ttii 


AliGUMKNT    or    TIIK    IINITKI)    STATKS. 


i'^    1! 


I 


which  it  is  assiiiU'd  by  llio  Ciuiadiiiiis  in  the  iiiiiiiiici'  (.'(tin])hiiiiO(l  i)fj 
When  this  point  is  determined,  all  the  dispute  that  has  arisen  iu  this 
case  is  disposed  of. 

The  iH'ineiple  of  law  hist  stated  is  not  ojily  assorted,  vithout  eon- 
tradietion,  by  the  authoritative  writers  i\]Hm  intennitional  Jurispru- 
dcTiee,  but  Las  been  acted  upon,  with  the  assent  of  all  Uiitions,  in  every 
case  that  has  arisen  in  civilized  times,  within  the  couditious  above 
stated.  And  upon  that  tenure  is  held  and  controlled  to-dny,  by  uations 
whose  borders  are  upon  the  sea,  all  simihir  proj)erty,  of  many  descrip- 
tions, that  under  like  cireumstanees  is  known  to  exist. 

Says  Puiiendorf  (Law  of  Nature  and  Nations,  Ijook  4,  chap.  5,  sec.  7) : 

As  for  fishing,  thougli  it  hath  nuudi  nioie  abundant  subject  in  the  sea 
than  in  lakes  or  rivers,  yet  'tis  manifest  that  it  may  in  ])art  be  ex- 
hausted, and  that  if  all  nations  should  desire  such  rij^ht  and  liberty 
n<'ar  tiie  coast  of  any  ]»articular  country,  that  country  must  ])e  very 
nuutli  ]»rejudiced  in  this  respect;  especially  since 'tis  very  usual  that 
some  i)articular  kind  of  fish,  or  ])erhaps  soiiu'  more  i)ieci(ms  connnodity, 
as  pearls,  coral,  amber,  or  the  like,  are  to  be  fonml  only  in  one  ])art  of 
tlie  sea,  and  that  of  no  considerable  extent.  In  this  case  tiiere  is  no 
reason  why  the  borderers  should  not  rather  clialU'n<;e  to  themselves 
this  hai»piness  of  a  wealthy  shore  or  sea  than  tiiose  who  are  seated  at 
a  distance  from  it. 

Says  Yattel  (P.ook  1,  chap.  23,  sec.  287,  p.  ]2(>): 

The  various  uses  of  the  sea  near  the  coasts  render  it  very  suscejitible 
of  property.  It  furiushes  iish,  shells,  pearls,  amber,  etc.;  now  in  all 
these  respects  its  use  is  not  inexhaustible.  AVherefore,  the  luition  to 
whom  the  (toasts  belonj;'  may  .'appropriate  to  themselves,  and  convert 
to  tlieir  own  profit,  an  advantage  wliich  nature  has  so  placed  witln'n 
tiieirreacii  as  to  enable  tliem  conveniently  to  take  i)ossessi(m  of  it,  in 
the  same  nuinner  as  they  i)ossess  themselves  of  tlu'  dominion  of  the  laud 
they  inhabit.  Wiio  can  doubt  that  the  i)earl  fisheries  of  Jiahrem  and 
Ccjlon  may  lawfully  become  property  if  And  though,  where  the  catcii- 
ingoffish  is  the  only  object,  the  fishery  appears  less  liable  to  be 
exiiausted,  yet  if  a  nation  imve  on  their  coasts  a  particular  fishery  of  a 
I)roiitable  nature,  and  of  Avhieh  they  may  become  masters,  shall  they 
not  be  i)ermitted  to  ai)propriate  to  themselves  that  bounteous  gift  of 
nature  as  an  appendage  to  the  country  they  jxtssess,  and  to  reserve  to 
themselves  the  great  advantages  which  their  commerce  may  thence 
derive,  iu  case  tliere  be  a  sufficient  abundance  of  Iish  to  furnish  the 
lU'ighboring  luitions?  #  *  *  [tSec,  JL\Ss.)  A  nation  may  api)ropriat«i 
to  herself  those  tilings  of  which  the  free  and  common  use  would  be  prej- 
udicial or  dangerous  to  her.  This  is  a  second  reason  for  which  govern- 
ments extend  tlieir  dominion  over  the  sea  along  their  coasts,  as  far  as 
they  are  able  to  protect  their  right. 

Another  suggestion  is  pertinent  to  the  question. 
The  whole  herd  owes  its  existence,  not  merely  to  the  care  and  protec- 
tion, but  to  the  forbearance  of  the  United  States  Government  within  its 


KKillT    TO    I'lJoTECT   INTKUESTS    AND    IXDU.STKY. 


135 


lined  iif  1 
II  iu  tlii.s 

lout  coii- 
iurispru- 
in  every 
IS  above 
y  nations 
desciip- 

5,  sec.  7): 

I  the  fjea 
it  be  ex- 
d  liberty 
,  be  very 
uial  that 
ininodity, 
le  part  of 
lere  is  no 
eniselves 
seated  at 


sreptible 
►w  ill  all 
nation  to 
1  convert 
_'d  within 
n  of  it,  in 
f  the  laud 
ireni  and 
he  eatch- 
)le  to  be 
iheiy  of  a 
>liall  they 
ms  }iift  of 
■eserve  to 
ly  tlienei^ 
rnish  the 
propriate, 
d  be  prej- 
h  govern- 
as  far  as 


id  protec- 
witliin  its 


exclusive  jdiisdiction.  While  the  seals  are  upon  Tnited  States  terri- 
tory diniiii;  the  season  of  i-eprodiiction  and  nurture,  that  (loveriiinent 
ini<;ht  easily  destroy  tlie  herd  by  killin<jf  them  all,  at  a  considerable 
iinniediiite  jjiolit.  From  such  a  slauj;hter  it  is  not  bound  to  refrain,  if 
the  only  object  is  to  ])reserve  the  animals  lonjj  enough  to  enable  them 
to  lie  exterminated  by  Ibreigners  at  sea.  If  that  is  to  be  the  result,  it 
would  be  for  the  interest  of  the  Government  and  jdainly  within  its 
right  and  i)owers,  to  avail  itself  at  once  of  such  present  vai-;'  as  its 
in'operty  possesses,  if  the  future  product  of  it  can  not  be  ;  ■  ^'ved. 
Can  there  be  more  conclusive  jiroof  than  this  of  such  l:iuiui  i  sses- 
sion  and  control  as  constitutes  proi)erty,  and  alone  produces  and  con- 
tinues the  existence  of  the  subject  of  it? 

The  justice  and  pro])riety  of  these  pro])ositions,  their  ne(!essityto  the 
general  interests  of  mankind,  and  the  foundation  upon  which  they  rest 
in  the  original  piiiciples  from  which  rights  of  ownership  are  derived, 
have  been  clearly  and  forcibly  pointed  out  by  Mr.  Carter. 

In  a  later  part  of  this  argument  (i)p.  KJ-t-lGD)  many  instances,  jiast  and 
present,  in  respect  to  many  descriptions  of  marine  and  submarine  prop- 
<'rty,  from  many  nations,  and  from  Great  Britain  and  its  colonies  espe- 
cially, are  gathered  together  to  show  what  the  usage  of  mankind  on  this 
subject  has  been  and  is.  It  is  that  general  usage  which  constitutes  the 
law  of  this  case.  And  on  this  point,  if  it  can  be  shown  that  any  ditferent 
usage  has  ever  prevailed  in  the  case  of  any  nation  able  to  assert  its  iiide- 
]iendencc,  touching  any  similar  property  on  which  it  set  value,  let  such 
evidence  be  produciMl  by  those  who  are  able  to  find  it,  and  whoso 
claims  it  will  subserve.  If  in  this  instance  the  United  States  Govern- 
ment has  no  right  of  ])roi)erty  which  it  is  entitled  to  protect,  the  case 
w(mld  present  the  singular  anomaly  of  being  the  only  one  in  which 
that  right  has  not  been  maintained,  in  respect  to  any  v.  luable  marine 
lu'Mduct  similarly  situated,  or  appurtenant  in  like  manner  to  the  terri- 
liivy  of  a  maritime  country. 

It  is  against  this  view  of  the  case,  too  obvious  to  escape  the  attention 
'•I'  the  distinguished  counsel  for  Her  Majesty's  Government,  that  they 
have  chiefly  struggled  throughout  the  British  Counter  Case,  for  which 
I  hey  have  tlumght  it  right  to  reserve  their  contentions,  both  in  propo- 
-irions  and  evidence,  in  respect  to  the  piineipal  questii»ns  involved. 
r>ut  they  liave  struggled  in  vain.  The  broad  facts  upon  which  it  rests 
are  either  admitted  or  are  incontestable.  No  mere  attempt  to  disi)ar- 
:ige  or  diminish  them,  no  cavil  over  details,  no  conjectural  suggestions 


13G 


AlUiUMKNT    OF    TIIK    I'M  I'KD    STATES. 


uiisiistaiiiod  by  proof,  can  break  their  force  or  clianjjc  tlieir  elTeet. 
And  the  h'jful  coiichisioiis  to  wlii(;li  they  coiidiu't,  ean  not  be  legardt'd 
at  this  (biy  as  oiM^n  to  serious  question. 

Tiie  (iase  of  the  United  States  has  thus  far  proceeded  upon  the 
ground  of  a  national  pro])erty  in  the  seal  herd  itself.  Let  it  now  be 
nssunied,fbrthei)iiri)ose.softhearf]fument,  that  no  such  ri^fhtolpi'o])erty 
Is  to  be  admitted,  and  that  the  seals  are  to  lie  rejjarded,  outside  of  ter- 
ritorial waters,  as/crrr  naturw  in  the  full  sense  of  that  term.  T^et  them 
be  likened,  if  that  be  possible,  to  the  iish  whose  birthplace  and  home 
arc  in  the  open  sea,  and  which  only  appioach  the  shoi-es  for  the  purpose 
of  food  at  certain  seasons,  in  such  numbers  as  to  render  tlie  fisidng 
there  productive. 

The  (piestion  then  remains,  whether  upon  that  hypnthesis,  the  indus- 
try established  and  maintained  by  the  United  States  Governnient  on 
the  Pribilof  Islands,  in  the  taking  of  the  seals  and  the  eoninu'rce  that 
is  based  upon  it,  are  open  to  be  destroyed  at  the  i)leasure  of  eit'-ensof 
Canada,  by  a  method  of  pursuit  outside  tlie  ordinary  line  oft  »rial 
jurisdiction,  which  must  result  in  the  extermination  of  tlie  ,i....iials. 
Is  there,  even  in  that  view  of  the  case,  any  principle  of  international 
law  which  deprives  the  United  States  Government  of  the  right  to  de- 
fend itself  against  this  destruction  ofits  unquestioned  interests, planted 
and  established  on  its  own  territory?  In  other  words,  is  the  light  of 
individual  citizens  of  another  country  to  the  temporary  profit  to  be 
derived  out  of  such  extermination,  superior  on  the  high  sea  to  that 
of  the  United  States  Government  to  protect  itself  against  the  conse- 
quences. 

This,  if  the  strict  right  of  property  can  be  successfully  denied,  is  the 
precise  question  addressed  to  the  consideration  of  the  Tribunal.  Ab- 
stract speculations  can  oidy  be  usefu  ,  so  far  as  they  tend  to  conduct 
to  ajust  determinatiim  of  it. 

Before  proceeding  to  a  discussion  of  this  question,  the  material  facts 
and  conditions  upon  which  it  arises  should  bo  clearly  perceived  and 
understood.  For  it  is  upon  these  and  not  upon  theoretical  considera- 
tions that  the  argument  reposes. 

(1)  It  is  to  bo  observed  in  the  first  place,  that  the  interest  in  the 
business  which  it  is  s(mght  to  pvote;'t,  is  an  imjjortant  interest  and 
resource  of  the  Government  itself. 

The  seal  industry  on  these  islands  was  one  of  the  principal  induce- 
ments to  the  j)urchaso  of  x\laska  by  the  United  States  from  the  Kus- 


liKiHT   TO    PllOTECT    INTRRKSTS    AND    INDUSTRY. 


137 


poll  the 
now  ho, 
ln'opcM'ty 
li'  of  tor- 
Ijct  tlicm 
1(1  homo 
purpose 
I'  fishing 

lie  iiuliis- 

incut  on 

ice  that 

it'"cn8of 

ivial 

.1.  .uials. 

r  national 

it  to  de- 

,phintcd 

light  of 

t  to  be 

to  that 

be  conse- 

d,  is  tlie 

ml.    Ab- 

conduct 

rial  facts 
ived  and 
onsidera- 

t  in  the 
^rest  and 

1  indiice- 
the  lius- 


sliin  Oiivcrnniont,  for  a  large  sum  of  money.  The  care  and  pnrsnit  of 
the  seals  were  immediately  made  thc!  snl)ject  of  legislation  by  Congress, 
niider  whi(rh  tlie  whole  business  has  been  since  regulated,  )»rotected, 
and  carried  on  by  thc  (xovernnKMit.  as  it  had  been  helbre  by  Uussia,  in 
such  manner  as  to  pr<>serve  tlu'  existeiu'C  ami  to  in(a"eas(>  tlie  numbers 
ol  till' seal  herd,  and  to  make  its  ])rodn(!t  valnal>Ie  to  those  engaged 
ill  it.  anil  a  source  of  acjonsidcrable  public  reveune  to  the  Government. 
(See  U.  8.  llevised  Statutes,  sees.  i!)r.(i-l!»7r>.) 

It  jiays  to  the  (rovernment,  as  tlie  evidence  shows,  a  direct  revenue 
(if  about  !$1()  per  skin,  and  a  considerable  indirect  revenue  upon  the  ini- 
]i!)rtation  of  the  dressed  furs;  and  to  thc  company,  which  under  lease 
irom  the  Government  and  subject  to  its  regulations  carries  on  the 
lmsiiiess,it  affords  a  largo  annual  return,  which  enables  them  to  make 
their  payments  to  the  Government.  To  tlie  inhabitants  of  tin;  islands 
;iii(l  manyothei's  directly  oinployed  or  indirectly  cancerned,  it  gives  tlio 
means  of  subsistence. 

Nor  are  the  United  States  alone  tlie  recipients  of  the  profits,  or  in- 
terested to  preserve  this  industry.  The  principal  manufacture  of  mer- 
chantable furs  from  the  raw  skins  is  carried  on  in  London,  where  largo 
liduses  are  engaged  in  it,  employing  as  the  proof  shows,  between  2,000 
and  3,000  persons.  London  is  also  the  iiead(iuarters  of  the  trade  in  the 
jirodnct,  and  of  the  commerce  through  whi(!h  it  is  distributed.  It  is 
lii'obable  that  the  interest  of  Great  Britain  in  the  preservation  of  the 
seal  herd  is  almost  as  great  as  that  of  the  United  States. 

The  civilized  world  outside  of  these  two  countries  is  likewise  con- 
cenied  in  preserving  from  extinction  the  valuable  product  of  these 
islands.  It  enters  largely  into  human  use;  there  is  no  substitute  for 
it,  especially  in  view  of  the  great  decrease  of  I'nr-bearing  animals;  and 
nowhere  else  on  the  globe  is  the  seal  fur  produced  in  any  considerable 
fiuantities.  Almost  everywhere  this  valuable  animal  has  been  exter- 
minated, by  the  same  reckless  and  wasteful  pursuit  that  is  complained 
of  here. 

It  is  pertinent  to  remember,  in  this  connection,  that  if  thc  nation 
that  is  contending  for  the  preservation  of  this  product  ol  its  territory 
was  but  small  and  poor,  and  this  res(mrce  for  revenue  and  subsistence, 
instead  of  being  one  out  of  many,  were  the  only  one  it  possessed,  so  that 
its  very  existence  depended  upon  the  maintenance  of  it,  the  principles 
of  international  law  applicable  to  the  subject  would  be  precisely  the 
same  as  they  are  now.    The  case  would  be  relatively  of  greater  iin- 


T 

i 

i 

' 

1 

138 


ARGUMENT    OF    THE    UNITED    STATER. 


poitiUice  to  one  of  tli"  partios;  tlie  law  tliat  would  control  it  wiMiUl  lie 
the,  law  tliiit  conti'ols  this  case;  for  a  nation  has  the  same  right  to 
defend  one  material  interest,  or  one  class  of  citizens,  that  it  has  to  de- 
fend all  it  i)ossesscs,  anu  all  the  conditions  of  its  e\ist<'nce. 

(L')  The  pursuit  of  the  seals  in  the  open  sea,  at  the  times  and  in  the 
i:„;nner  comidained  of,  leads  to  the  early  extermination  of  the  whole 
her  i, 

J I  's  not  necessary  to  the  arnnment  that  this  extreme  result  should 
be  made  out.  It  would  be  enoujiii  to  show  that  the  interest  in  (luestioii 
is  seriously  embarrassed  and  ])rejudiced,  or  its  product  materially  re- 
duced, even  thouj;h  it  were  not  altogeth'or  destroyed.  ]>ut  the  evidence 
in  the  case,  of  which  a  large  amount  has  been  submitted,  com]»letcly 
establishes  the  fact  that  the  herd  has  by  these  ineans  been  already 
largely  diminished,  and  that  it  must  nec^essarily,  if  the  same  condr.ct 
is  continued,  be  at  no  distant  day  entirely  annihilated. 

(?>)  The  method  of  i»iu'suit  employed  by  the  Canadian  vessels,  and 
against  which  the  United  States  rjoverninent  protests,  not  only  tends  to 
the  rai)id  c.vtermination  of  the  seal,  but  is  in  itself  barbarous,  inhuman, 
and  wasteful. 

A  very  large  proportion  of  the  seals  talien  are  females,  either  ])reg- 
nant  and  about  to  give  birth  to  their  young,  or  engaged  in  suckling 
their  ollsiu-ing,  which,  by  the  killing  of  the  mothers,  arc  Icl't  to  jierisli  in 
great  numbers  by  stavvation.  Some  are  in  both  tliese  conditions  at  the 
same  time.  And  of  those  thus  destroyed  in  the  water,  a  considerable 
share  certainly,  and  probably  a  very  large  share,  are  lost  to  tin?  hunter. 

The  killing  of  female  seals  at  any  li'ue  is  made  criminal  by  the  stat- 
utes of  the  United  States.     (TT.  S.  l?evised  Statutes,  sec.  HXll). 

The  destruction  during  the  breeiling  season  of  wild  animals  of  any 
kind  whicli  are  in  any  respeet useful  to  man,  is  prohibited,  not  only  by 
all  the  ins'iucts  of  humanity,  but  by  the  laws  of  every  civilizeil  coun- 
try, and  especially  by  the  laws  o"the  United  States  ami  (»f  (Ireat  Itrit- 
ain.  That  i)rotection,  as  will  be,  more  fully  pointed  out  h(»reafter,  has 
long  been  and  now  is  extended  to  the  seals  in  every  country  in  tlie 
world  wlici.e  they  are  to  be  found.  In  no  part  of  tlie  world  that  is 
within  territorial  /iurisdiction  could  such  ciuidnct  take  ])lace,  without 
ex])osing  the  perpetrator  to  criminal  i)rosecution  (s(>,  >  (!ase  of  the  United 
Slates,  ])p.  l;l'()-22!)).  So  that  in  order  to  Justify  it  in  this  case,  the  sea 
must  be  held  to  be  free  for  acts  which  are  not  only  destructive  of  tlie 
valuable  interests  of  an  adjacent  nation,  but  are  forbidden  everywiicro 
else  by  universal  law. 


RIGHT    TO    rnOTECT    INTKRl'.STS    AND    IN'Drs^TRY, 


130 


^4)  The  (Icpi'CMlations  in  question,  dignified  in  the  Hepoit  of  tlie 
British  Commissioners  by  the  name  of  an  "industry,"  are  the  worlv  of 
individuals  who  fit  out  vessels  for  this  puriiose.  Their  number,  though 
increasing,  is  not  great.  The  business  is  speenlative,  and  as  a  whole 
not  remunerative,  thougli  it  has  instaiu'.es  of  large  gains  which  stiniu- 
liite  the  ent'irprise  of  those  concerned,  and  make  the  ])rosiieet  attract- 
ive, like  all  occu])ations  which  have  a  touch  of  adventure,  an  ele- 
ment of  gand)ling,  and  a  taste  of  cruelty. 

It  is  this  casual  and  nncertai.'i  profit,  of  these  comparatively  few  in- 
ilividuals,  Avhich  must  of  course  terminate  when  the  seal  herd  is  de- 
stroyed or  even  much  reduced,  that  is  to  l)e  balanced  against  the  loss 
tliat  will  be  sustained  by  the  United  States,  if  that  destruction  is  com- 
lileted. 

(a)  Against  this  injury,  which  the  United  States  Government  has 
made  the  subject  of  vain  remonstrance,  there  are  absolutely  no  meiuis 
of  defense  that  can  l)e  made  available  within  the  limits  of  territorial 
jurisdiction.  The  destruction  is  Avrought  outside  those  limits,  and 
must  be  repressed  there  or  it  can  not  be  repressed  at  all. 

As  it  is  impossible,  when  seals  are  hunted  in  the  water,  that  the  sex 
can  ever  be  discrimiimted  before  the  killing  takes  plac^e,  it  follows  that 
if  Avhat  is  called  "pelagic  sealing"  is  allowed  to  be  cariied  on,  the 
enormous  proportion  of  pregnant  and  suckling  females  and  of  nursing 
young  before  referred  to,  must  continue  to  be  destroyed. 

That  method  of  pursuit  conduces  also  unavoidably  to  injurious  raids 
by  those  concerned  in  it,  upon  the  seals  on  the  islands.  The  extent  of 
the  shores  and  the  peculiarity  of  the  (climate  and  atmosphere,  as  des- 
cribed in  the  evidence,  nmlce  it  extremely  dilUcult  and  at  times  impos 
sible  to  maintaii)  such  vigilance  as  will  prevent  these  incursions,  if  seal- 
luinting  in  the  neighboi-ing  waters  is  permitted.  The  result  of  these 
laids  is  suggested  in  tlu^  Britisli  Counter  Casr  us  one  of  ihe  means  by 
wliich  lin;  gradual  extermination  of  the  seals,  too  obvious  to  be  de- 
nied, is  taking  idace.  How  much  the  suggestion  is  worth,  will  be  seen 
when  the  whole  evidence  is  reviewed.  Dut  the  couns(>l  seem  to  forget, 
in  making  it,  that  it  is  only  the  toleration  of  foreign  sealing  vessels  in 
waters  near  the  islands,  that  renders  such  raids  possible. 

The  inevitable  conclusion  from  these  ficts  is,  that  there  is  an  absolute 
necessity  for  the  repression  of  killing  seals  in  the  water  in  the  seas  near 
the  Pribilof  Islands,  if  the  herd  is  to  be  preserved  from  extin(!tion.  Is'o 
middle  course  is  practicable  consistently  with  ita  preservation. 


140 


ARGUMENT    OF   THE    UNITED    STATES. 


I 


T\w  evidciico  adduced  on  the.part  of  tlic  Uiiilod  States  in  support  of 
the  foro^^oin;;'  jji'opositions  of  fact,  and  tliat  relied  upon  to  tlie  contrary, 
so  far  as  we  liav<'  liad  an  ()j)portuiiity  to  see  it,  is  fully  discussed  iu  a 
later  branch  ot  the  argument  {infra,  pp.  L'2S-313). 

The  ,i>round  upon  which  the  destruction  of  tlui  seal  is  souj^ht  to  be 
instilled,  is  that  theo])en  sea  is  free;  and  that  since  this  slaughter  takes 
jdace  there,  it  s  done  in  tlie  exercise  of  an  indefeasible  rij;ht  in  the 
individuals  en.^aficd  in  it;  that  the  nation  injured  can  not  defend  itself 
on  the  sea,  and  therefore  upon  the  circumstances  of  this  case  can  not 
deiend  itself  at  all,  let  the  consequences  be  what  they  may. 

The  United  States  (iovernment  denies  this  proi)osition.  While  con- 
ceding and  interested  to  maintain  the  general  rule  of  the  freedom  of 
the  sea,  as  established  by  modern  usage  and  cDiiscnsioi  of  opinion,  it 
asserts  that  the  sea  is  free  only  for  innocent  and  inoiVensive  use,  not 
injurious  to  the  just  interests  of  any  nation  wliich  borders  upon  it; 
that  to  the  invasion  of  such  interests,  for  the  purposes  of  private  gain, 
it  is  not  free;  that  tin'  right  ol'  self-defense  on  tlie  ])art  of  a  nation  is 
a  perfect  and  paramount  right,  to  which  all  otliers  .are  subordinate, 
and  which  upon  no  admitted  theory  of  international  law  has  ever  been 
surrendered;  that  it  extends  to  all  tlie  mateiial  inteiests  of  a  nation 
important  to  be  detended;  that  iu  the  time,  the  place,  the  manner,  and 
the  extent  of  its  execution,  it  is  limited  only  by  the  actual  necessity  of 
the  particular  case;  that  it  may,  therefore,  be  exercised  upon  the  high 
sea,  {"IS  well  as  upon  the  land,  and  even  upon  the  territoiy  of  other  and 
friendly  nations,  provided  only  that  the  necessity  for  it  i>lainly  ap- 
])ears;  and  that  wherever  an  important  and  just  national  interest  of 
any  description  is  put  iu  peril  for  the  sake  of  individual  profit  by  an 
act  upon  the  high  sea,  even  though  such  act  would  be  otherwise  justi- 
iiable,  the  right  of  the  individual  nnist  give  way,  and  the  imtion  will 
be  entitled  to  protect  itself  against  the  injury,  l)y  whatever  force  may 
be  reasonably  necessary,  according  to  the  usages  established  iu  aual- 
agous  (>ases. 

It  is  believed  that  these  general  principles  will  be  found  to  underlie 
the  whole  theory  and  system  of  the  hnv  of  the  sea,  so  far  as  it  has  been 
formulated  by  the  consent  and  usagii  of  nmnkind;  that  they  are  the 
foundation  of  many  maritime  rights,  long  recognized  and  established; 
that  they  have  received  the  sanction  of  courts  of  justice  whenever  they 
have  been  brought  un(h>r  judicial  consideration,  and  of  .all  writers  ujmn 
the  subject  whose  views  are  entitled  to  weight;  that  they  are  supported 


KIGIIT    TO    r'KOTECT    INTERESTS    AND    INDUSTUV. 


141 


1  support  of 
lie  oontraiy, 
scussod  in  a 

wj^lit  to  be 
i,ulilortiikos 
iliht  ill  tlie 
do  tend  itself 
!ase  can  not 

r 

While  con- 

tieedoin  of 

f  opinion,  it 

ive  use,  not 

3rs  iTpon  it; 

irivate  gain, 

'  a  natitui  is 

subordinate, 

IS  ever  been 

of  a  nation 

nauner,  and 

necessity  of 

lou  tlie  liigli 

)f  otlier  and 

plainly  ap- 

interest  of 

)rofit  by  an 

wise  justi- 

iiation  will 

force  may 

ed  in  anal- 

to  underlie 
it  has  been 
ley  are  the 
stablished; 
inever they 
riters  ui)on 
supported 


by  many  historic  precedents,  the  rightfulness  <»f  which  has  never  l)cen 
tailed  in  question;  and  tluit  no  precedent  or  authority  can  be  pro- 
dined,  judicial,  juridical,  or  historical,  for  such  a  right  in  the  oi)cu  sea 
as  is  claimed  by  the  Canadians  in  tlie  present  case. 

Tliat  the  sea  was  at  an  early  day  regarded  as  subject  to  no  law  is 
probably  true.  It  was  the  theatre  of  lawless  vhdcnce  and  the  home  of 
jiiracy.  Ibit  this  condition  was  soon  found  intolerable.  The  as.sump- 
lidii  of  a  dominion  over  it  by  adjacent  maritime  nations  became  a  neces- 
>ity  to  self  protection,  and  was  thcrelbre  generally  assented  to.  The 
mare  llhcruin  in  all  such  waters  gave  way  to  mare  clitnsKiHj  not  upon 
ininciple,  but  for  the  sake  of  defense.  Says  Sir  licniy  Maine  (Ijccturos 
upon  International  Law,  pp.  75-77): 

The  first  l^ranch  of  our  inquiry  brings  us  to  what,  at  the  birth  of  iii- 
leriiatioiial  law,  was  one  of  the  most  bitterly  disputed  of  all  (pies- 
lidiis,  the  (piestion  of  Diarc  (■h(t<siint  nud  indrc  lilxTiiin — sen  iitidcr  tlu^ 
dominion  of  a  partieular  powi  r,  or  sen  (qten  to  all — nanii's  idciit  ilicd 
with  the  great  reputations  of  (liotius  and  Seidell.  In  all  probability 
tlic  (piestion  would  not  have  arisen  but  for  the-  dictum  of  the  institu- 
tional Roman  writers  tiiat  the  sea  was  by  nature  (Common  propcity. 
And  the  moot  point  was  whether  tiicre  was  anytiiing  in  nature,  what- 
ever that  word  inigiit  have  meant,  which  either  i»ointed  to  the  eoiu- 
iiiuuity  of  sea  or  of  rivers;  and  also  what  did  history  siiow  to  have  been 
the  actual  jiractice  of  mankind,  and  wliether  it  ]iointed  in  any  delinite 
way  to  a  general  sense  of  mankind  on  thr  ulijci't.  We  do  not  know 
exactly  what  was  in  the  niind  of  a  liomaii  lawyei' wlirii  he  sjioke  of 
nature.  Nor  is  it  easy  Ibr  us  to  Ibrm  even  a  -peeiilative  nniiiioii  as  to 
wiiat  can  have  been  the  actual  condition  of  the  sea  ii 


I  those  priinilive 

ages,  sonu'how  associated  with  the  conception  of  nature.  The  slendir 
exidence  belbre  us  seems  to  suggest  that  tlu^  sea  at  first  w  as  eommon, 
only  in  the  sense  of  being  universally  open  to  depredation.     •     *     * 

Whatever  jurisdiction  may  have  been  asserted,  probably  di<l  not 
spring  from  anything  which  may  be  called  natuns  but  wasperhipsa 
security  against  piracy.  At  all  events  this  is  certain,  that  the  e;i:iiest 
(levelopment  (»f  maritime  law  seems  to  have  consisted  in  a  movnnent 
from  mare  liheni))i^  whatever  that  may  have  meant,  to  mare  clausKin — 
from  navigation  in  waters  over  which  nobody  claimed  autiiwrily,  to 
waters  under  the  control  of  a  sejiarate  sovereign.  The  closing  of  sens 
meant  delivery  from  violent  depredation  at  the  cost  or  by  tlu^  everiioii 
ot  some  power  or  powers  stronger  than  the  rest.  No  doubt  sovereigidy 
over  water  began  as  a  beuelit  to  all  navigators,  aiitl  it  ended  in  taking 
the  Ibriu  of  protection.' 

'  sir  Ilonry  Miiiiio  iiroceiMls  as  follow.s:  "Mr.  W.  W  ll:ill,  in  ;i  very  interesting 
iliaiitcr  of  Ills  volnnio  (I'iirt  ii,  L')  Ikih  siiown  tliiit  intcriiatiDnMl  liiw,  in  the  nioilcni 
-' !i>e,  of  tlic  words,  bo;^!iii  in  a  genor.il  system  of  oufrc  e/a/(.ti(i/i.  Tlie  Adiiiitie,  tho 
I  illof  (ienoii.  tlio  Xoi'th  Sea,  and  tlio  I'aUie  were  all  elosed  ami  were  under  antlior- 
!■> ,  and  l';ii<;;land  claimed  to  liavo  pnieedcmo  and  to  exercise  Jnrisdietion  of  various 
Muds  from  tiiisXorth  Soaand  the  parts  (d'  the  Atlanlie  adjoin  in^Jieotlaiid  and  Ireland, 
^  uthwards  to  tln^  bay  of  liiseay.  In  all  these  waters  tln^  ondssion  lo  lower  the  lhi;i  to  » 
I'MtishsUip  would  have  boen  followed  Ic.  a  eannon  shot.     I'honeelbrward  theproyresa 


142 


ARGUMENT    OF   TIIK    UNITED    STATES. 


When  commerce  beciime  more  extensive  unci  better  able  to  i)rotect 
itself,  the  modem  conception  of  the  freedom  of  the  sea,  ttrst  formally 
set  forth  by  Grotius,  ciimo  gradnally  to  be  established.  But  the  con- 
trary doctrine  was  contended  for  by  the  great  jiulh  ial  authorities  in 
England.  The  views  of  Sir  Matthew  Hale  and  of  Sehlen  are  well 
known.  The  powerful  argument  of  the  latter  is  a  permanent  monu- 
ment of  the  contention  of  his  time  in  England.  The  opinion  of  Black- 
stone  was  to  the  same  ettect.  As  late  as  1824  another  eminent  English 
writer,  Mr.  Ohitty,  in  his  Commerciiil  Law,  maintained  the  right  of 
dominion  by  maritime  nations  over  neigliboring  seas,  founded  upon 
the  necessities  of  their  situation.  Tlie  surrender  by  England  and  other 
maritime  powers  of  their  control  over  the  seas,  so  long  maintained,  in 
deference  to  the  growing  sentiment  of  the  world  and  the  demands  of 
free  commerce,  was  slowly  and  reluctantly  given.  But  that  surrender 
was,  as  universally  understood,  for  the  purposes  of  just,  innocent,  and 
nuitually  profitably  use  by  the  luitions  whose  borders  touched  the  sea. 
It  was  not  thrown  open  agaiu  to  general  lawlessness.  The  whole  argu- 
ment in  favor  of  the  freedom  of  the  sea  was  based  upon  the  ground 
that  its  free  use  by  mankind  was  inottensive  and  harudess  and  con- 
ductive to  the  general  good;  and,  therefore,  ought  not  to  be  arbitrarily 
restricted.' 


Says  Mr.  Justice  Story : 

Every  ship  sails  there  [in  the  open  sea]  with  the  unquestionable 
ri"ht  of  pursuing  her  own  lawful  business  without  interruption,  but 
whatever  may  be  that  business,  she  is  bound  to  pursue  it  in  such  a 
nuinner  as  not  to  violate  the  rights  of  others.  The  general  maxim  in 
such  cases  is  sia  utera  tiio  ut  (ilUnnm  iwii  Uvilaa.  (The  Marianua  Elora, 
11  Wheaton's  licjtts.,  \J.  S.  Sup.  Court,  p.  il.) 

ofiuaritiiiiojuristlictiou  wiisrtivi'i'.sed — fruiii  mare clansumto marc  Jiherum;  aiultlioaov- 
t'l'i'l^nty  allowi'd  by  int(!niati(iiiiil  law  ovcjr  a  ixntioii  of  tlio  sea  is  in  fact  a  ilocaycil 
iindcoiitrai'teil  roimiantof  tliu  authority  oncti  allowed  to  pai'ticular  states  over  a  groat 
partot'tlio  known  sea  and  ocean"  (p.  77). 

"(Jrotiii.s  (iiook  ii,  chap,  in,  sec.  12,  p.  415)  remarks:  "It  is  certain  that  ho  wlio 
would  take  jiossiLssion  of  the  sea  hy  occupation  could  not  i)reveut  a  jivacrl'iil  and  in- 
nocent narii/alion,  since  such  a.  trausifc  can  not  be  interdicted  oven  on  land,  though 
ordinarily  it  would  lie  less  necessary  and  more  danjjcrous." 

And  Mr.  Twiss([nt.  Law,  sees.  172,  18.'))  says:  "  liui  this  is  not  the  case  with  the 
open  sea,  upon  which  all  persona  may  navigate  without  the  least  jirejudico  to  any 
nation  whatever,  and  without  ex])osing  any  nation  thereby  to  danger.  It  would 
thiiH  8ccm  that  there  is  no  natur;il  warrant  for  any  iiation  to  seek  to  take  possession 
of  the  open  sea,  or  even  to  restrict  the  innocent  use  of  it  by  other  nations.  *  *  • 
The  right  of  lishiiig  in  the  o])en  sea  or  main  ocean  is  comuion  to  all  nations  on  the 
same  principle  which  sanctions  a  coiumoii  right  of  iia\  igation,  vi/,  thai  lie  trhojiiihvs 
in  the  open  xca  docs  no  injiirii  to  aiiijonv,  and  tin  piodttctn  of  llic  nea  arc,  in  tkU  re»j)cvl, 
inexhaustible  and  sufficient  for  all," 


RIGHT    TO    PROTECT    1NTKR1:.STS    AND    INDU.STRY. 


113 


Says  ChaiK.'t'llof  Kent  {1  Com  menhir  its,  '^7)'. 

Every  vessel  in  time  of  peace  lias  a  right  to  consult  its  own  safety 
Mild  coiivenieiu'e,  and  to  i)ursue  its  own  course  and  business  witliout 
beinn'  disturbed,  when  it  does  not  violate  the  ritjhts  of  others. 

'ilie  Ireedoni  of  tlie  liij;li  seas  for  the  inoffensive  iiavi};ation  of  all 
nations  is  liriiily  established.  (Aniphlett,  J.,  Queen  v.  Kehn,  li  Law 
itep.  Exch.  Div.,  p.  IIJ).) 

Nor  was  the  rij^lit  of  self-defense  on  the  sea  ever  yielded  up  or  relin- 
(jiiished  by  any  nation.  On  the  contrary,  in  every  successive  instance 
in  tiie  progress  of  civilization  and  tiie  advance  of  conunerce,  in  which 
restriction:;  upon  the  fiee(h)m  of  the  sea  were  found  necessary  to  the 
]iiotection  of  any  material  interest  or  right,  general  or  special,  sudi 
restrictions  were  at  (nice  asserted,  were  recognized  by  general  assent, 
and  became  iiu;or])orated  into  the  growth  of  that  system  of  rules  and 
usages  known  as  international  law.  Some  of  them  will  be  more  i)ar- 
t  icuhirly  adverted  to  hereafter.  Tiie  safety  of  states  and  the  protection 
of  their  commercial  interests  were  not  sacrificed  to  the  idea  of  the 
iVeedom  of  the  sea.  That  freedom  was  conceded  tor  the  purposes  of 
such  protection,  and  as  allbrdiiig  its  best  security. 

There  are  no  arbitrary  restrictions  imposed  in  modern  times  upon 
the  freedom  of  the  sea.  Neither  are  there  any  arbitrary  rigiits  there. 
Tliere,  as  elsewhere,  liberty  has  two  conditions;  submission  to  just 
principles  of  law,  and  due  regard  for  the  rights  of  others.  And  these 
conditions  are  enforced  by  the  injiued  party,  because  they  can  be  en- 
Lbi'ced  in  no  otlier  way.' 


'"Since,  tlii'u,  n,  iiation  is  oblifjcd  to  proscrvo  itsulf,  it  lias  a  rij;;lit  to  ovorytliing 
iierossary  for  its  preservation,  for  tlio  law  of  uiitiiro  gives  us  a  riglit  to  ovcrytliiiii' 
williout  wliieli  \vc  eaii  not  fulfill  our  ()blij:;atious. 

"A  ujition  or  stato  has  a  rij^ht  to  overythinij  tliat  ean  help  to  ward  oil'  imminent 
(lauj;(^r  ami  to  lieej)  at  a  distaueo  wliatever  is  capable,  of  eausinji;  its  ruin,  and  tliat; 
I'lom  tlie  very  samt?  reasons  that  establisli  its  rij^lit  to  things  neecssury  to  its  preser- 
\  alien."     (Vattel,  sees.  IS,  I'J.) 

"Tlio  right  of  sclf-defeusc  is,  aeeordin;;ly,  a  priniai'y  right  of  nations,  and  it  may 
lie  (jxoreisod,  either  liy  way  of  resistance  to  an  immediato  assault  or  by  way  of  pro- 
'■antion  against  threatened  aggressinu.  I'lie  iudefeasil)h!  riglit  of  every  nation  to 
jiroviile  for  its  own  defense  is  classed  by  Vattel  among  its  ptu'feet  rights."  (Twiss, 
Int.  Liiw,  part  I,  see.  12.) 

"Tlie  rigiit  of  self-preservation  is  th((  first  law  of  nations,  as  it  is  of  imliviiluals." 
"  *  *  "For  international  law  considers  tlio  right  of  self-preservation  as  prior 
iiid  paramount  to  that  of  territorial  inviolability."  (I'hillimoro,  lut.  Law,  chai).  10, 
M!C8.  IJl,  Hi) 

"In  the  last  resort  almost  the  whole  of  the  duties  of  states  are  Huhordinated  to 
I  he  right  of  self-protection.  Where  law  allords  inadequate  protection  to  the  indi- 
>  idual,  ho  must  bo  permitted,  if  his  existence  is  in  iiuestion,  to  protect  himself  by 
whatever  nKiaus  may  be  necessary.  »  *  *  There  are,  however,  circumstances 
lalliiig  short  of  occasions  upon  whicii  existence  is  immediately  ia^uestiou,  iu  which, 


144 


ARGUilENT   OF    THE    U>:iTED    STATES. 


'it ' 
"3 


Tlio  rij>lit  of  sclfdofeuse  by  a  nation  upon  the  sea,  and  the  lij^ht  of 
municipal  jurisdiction  over  a  limited  part  of  the  sea  adjacent  to  the 
coast,  are  uot  to  be  confounded,  for  the  U\o  are  totally  distinct.  The 
littoral  jurisdiction,  indeed,  is  only  a  brancli  of  the  general  ri^ht  of 
self  defense,  accorded  by  iisage  and  common  consent:  first,  because  it 
is  always  necessary  for  self-protection,  and  next,  because  it  is  usually 
suflicient  for  it.  U[)ou  no  other  ground  was  it  ever  attempted  to  be 
sustained.  That  jurisdiction  Uiust  be  limited  by  an  ascertained  or 
as(;ertainable  line,  is  its  necessaiy  condition.  That  the  right  of  self- 
defense  is  subject  to  no  territorial  line,  is  equally  plain.  All  rights 
of  self  defense  are  the  result  of  necessity.  They  are  coextensive  with 
the  necessity  that  gives  rise  to  them,  and  can  be  restricted  by  no 
other  boundary.  As  remarked  by  Chief  Justice  Marshall,  "All  that  is 
necessary  to  this  object  is  lawful,  all  that  transcends  it  is  uulawlul." 

Precisely  what  is  the  limit  of  jurisdiction  upon  the  littoral  sea,  and 
precisely  what  are  the  nature  and  extent  of  the  jurisdictio)ithatcan])e 
asserted  within  it,  whether  it  is  absolute  or  qualified,  territorial  or 
extraterritorial,  are  questions  that  have  been  the  subject  of  grave  dif- 
ference of  opinion  among  jurists.  Nor  have  they  ever  been  entirely 
settled.  They  will  be  found  to  be  discussed  with  a  fullness  of  learning, 
a  depth  of  research,  and  a  nuisterly  power  of  reasoning,  to  which  noth- 
ing can  be  added,  in  the  opinions  of  the  English  judges  in  the  iiiii)ortant 
and  leading  case  of  The  (^ueen  v.  Kehu  (2  Law  Kep.  Exch.  Div.,  lS7'«-'77, 
l)p.  03  to  239).  These  learned  aiul  eminent  judges  were  not  fortunate 
enough  to  agree  upon  all  the  questions  involved,  and  every  view  that 
can  be  taken  of  them,  and  every  consideration  that  is  pertinent,  are  ex- 
haustively presented  in  their  opinions. 

Upon  these  vexed  questions  it  is  not  at  all  necessary  to  enter  in  the 
present  ease,  for  they  have  little  to  do  with  it.     Whether  the  conclu- 


tlir<)ii,!j;h  ii  soi'f ofcxteiiHioii  of  tho  idea  of  Helf-))i'c.sorviitiou  to  includo  si'l(-]>i'()t('cti<iii 
ajiaiust  Hciioiis  liiirts,  states  ai"e  iillowcd  to  disrej^urd  certain  of  tho  ordinary  rnlcH 
of  law,  in  the  sanio  mauuer  as  if  their  existouco  wero  involved."  (Hall,  lu*^.  Law, 
ehaj).  7,  sec.  S3.) 

"If  a  nation  is  obliged  to  preserve  itself,  it  is  uo  less  ohlifj^ed  carefnlly  to  jircscrvo 
all  its  members.  Tho  nation  owes  this  to  itself,  since  the  loss  even  of  one  of  its 
members  wealu  ns  it  and  is  injnrions  to  its  jirescrvation.  It  owes  this  also  to  (he 
members  in  i)articnlar,  in  conseqiu'uce  of  the  very  act  of  association;  for  those  who 
eompoHo  a  nation  are  nnited  for  their  defense  and  eonnnou  advantaj>'e,  and  none  can 
justly  bo  deprived  of  this  anion  and  of  tho  advantages  he  expects  to  derive  from  it, 
while  he,  on  his  side,  fnllills  the  coiiditiuns.  'I'hebody  of  a  nation  can  not,  (hen, 
abandon  a  province,  a  town,  or  even  a  siniile  iiidividnal  who  is  a  part  of  It,  unless 
conuielled  to  it  liy  neci'ssity  or  indis]iciisal)ly  nbllged  to  it  by  tlio  strongest  reasoua 
founded  on  the  public  safety."     (Vattel,  sec.  17.) 


KKIIIT    TO    riiOJECT    INTKHKSTS    AND    INDUSTRY. 


145 


;  lij^lif  of 
cut  to  t]ie 
net.  The 
[  ri|;lit  of 
because  it 
is  usually 
[)ted  to  be 
taiiied  or 
it  of  self- 
ill  liylits 
isive  with 
ed  by  no 
\.ll  thiit  is 
lawful." 
'.  sea,  and 
liat  can  bo 
itorial  or 
grave  dif- 
1  entirely 
"learninji', 
licli  niitli- 
mjxntant 
lS7*''-'77, 
brtunalo 
iew  111  at 


it,  are  ex- 


ter  in  tlie 
e  conclu- 

•prott'i'lion 

iiiiiry  I'ulcH 

Inn  Liiw, 

0  iircscrvo 
(mo  of  its 

lliSI)  tt)  tll(^ 

tliose  >vlio 

1  uoiu!  can 
VI'  from  it, 
not,  tluMi, 

t,  niihsss 
rit  reasoiia 


sions  of  one  or  tlie  other  of  these  conllietinjj  opinions  are  to  be  ac- 
cepted, is  immaterial  here.  All  authorities  agree  that  the  sole  reason 
uiion  which  a  certain  right  of  Jtirisdiction  upon  the  sea,  and  within  a 
limit  that  is  variously  stated,  has  been  (Conceded  to  maritime  natior.s, 
is  found  in  the  necessities  of  self-defense.  This  part  of  the  d(»ininion 
o\er  the  sea,  whether  it  be  greater  or  less,  has  never  been  surrendered. 
It  is  a  remnant  of  the  former  more  extended  dominion,  retained  for  the 
same  reason  for  which  that  was  assert(!d.  Lord  Chief  .Justice  Cock- 
burn,  in  his  opinion  in  the  case  just  cited,  reviews  the  histiny  of  this 
subject,  quoting  the  language  of  every  previous  writer  of  rc[>ut<',  and 
rcfcriing  to  every  judicial  decision  respecting  it  which  then  existed. 
He  points  out  very  clearly  the  different  views  that  have  prevailed  and 
which  then  prevailed  as  to  the  nature  of  the  jurisdiction,  and  as  to  the 
distance  over  which  it  could  be  extended.  This  litnit  has  been  vari- 
ously asserted  by  writers  of  distinctioa  and  authority,  at  two  days' 
sad,  one  hundred  miles,  sixty  miles,  the  horizon  line,  as  far  as  can  be 
seen  from  the  shore,  as  far  as  bottom  can  be  hnind  \vith  the  dead  line, 
tlie  range  of  a  cannon  shot,  two  leagues,  one  league,  or  so  far  as  the 
(ii)vernment  might  think  necessary.' 

On  the  other  point,  the  character  of  the  jurisdiction,  it  may  be 
assumed  that  by  the  controlling  opinion  of  the  present  time,  and  by 

'Tlie  lord  cli'cf  justice  observes:  "From  tlio  review  of  these  authorities  wo 
arrive  at  the  following  rvj.sults:  There,  can  bo  no  doubt  that  the  siiifgestioii  of  ISyu- 
kcrslioelc  that  the  sea  surrounding  the  coast  to  the  extent  of  cannon  range  should  Ijo 
treated  as  l)elonging  to  the  state  owning  tlio  coast,  has,  with  but  very  few  exeep- 
linus,  boeu  accepted  and  adopted  by  the  publicists  who  have  followed  him  during 
liie  last  two  centuries.  But  it  is  e([tially  clear  in  the  practical  application  of  the 
rule  ill  the  res))0('t  of  the  partii'ular  of  distauco,  as  also  in  the  still  more  essential 
jiarticular  of  tlio  character  of  sovereignty  and  dominion  to  bo  exercised,  great  dif- 
ferences of  opinion  have  prevailed  and  still  continue  to  exist.  As  regards  distance, 
wliili"  the  majority  of  authors  have  ailhered  to  the  lliree-mile  zone,  others,  like  11. 
Ortolan  and  Mr.  Ilalleok,  aiiplying  with  great<'r  consistency  tlio  principle  on  wiiich 
the  whole  doctrine  rests,  insist  on  extending  the  distance  to  the  modern  raTigi^  of 
car.iiou — in  other  words,  doubling  it.  This  dilVereuce  of  opinion  may  be  of  little 
practical  importance  in  the  ])res('nfc  "ircuinstances,  inasmuch  as  the  place  at  which 
the  oll'ense  occurred  was  within  the  lesser  distance;  but  it  is  nevertheless  not  imma- 
terial as  showing  how  unsettled  this  dcetrine  still  is.  The  iiuestion  of  sovereignty, 
on  the  other  hand,   is  all  important,  aad  hero  we   have   every   shade  of  o]Mnion. 

■  *  *  Looking  at  tills  we  may  jirojierly  .s^k  ttiose  w!io  contend  for  the  ap])lieation 
«  r  the,  existing  law  to  the  littoral  sea,  inde])endently  of  legislation,  to  tell  us  the 
extent  to  which  we  are  to  go  in  api)lying  it.  Are  we  to  limit  it  to  three  miles,  or  to 
extend  it  to  six?  Are  we  totr(>at  tin;  whole  l)u<ly  of  the  criminal  law  as  applicable 
to  it,  or  only  so  inui'li  as  relates  to  police  and  safety?     Or  are  wo  to  limit  it,  .as  one 

r  I lieso  authors  iM'0]ioses,  to  the  ])rotection   of  (islieries  and  customs,  the  exacting 

■  liarbor  find  likt>  <liie9,  and  the  ))rotoetion  of  oui"  coasta  in  time  of  warf    Which 
■:  these  writers  are  wo  to  follow  t" 

UTIU 10 


146 


ARGUMKNT    OF    THE    LMTED    STATES. 


If  i'i 


3r 


i 


tlic  usage  of  nations,  it  is  not  i('j;iii'(l('(l  as  so  tar  absolute  tliat  a  nation 
may  exclude  altogether  I'  oni  witliin  the  range  of  tannon  shot  the 
ships  of  another  country,  innoeeiitly  navigating,  and  violating  no 
reasonable  regulation  of  the  iiuinieii)al  law.  But  the  power  which  may 
be  exerted  within  that  limit  is  only  coextensive  with  the  just  reijuire- 
ments  of  the  self  protection  for  which  it  exists,  altiu)Mgh  undoubtedly 
the  nation  exercising  the  jurisdiction  nuist  be  allowed,  so  long  as  it  acts 
in  good  faith,  to  be  its  own  judge  as  to  the  regulations  proper  to  be 
l)rescribed,  and  the  nnmuer  of  their  enforcement.' 

This  somewhat  indclinite  area  of  a  greater  or  less  jurisdiction  over 
the  marginal  sea,  which  has  thus  come  to  be  recognized  and  conceded, 
tliougli  accorded  for  the  puiposes  of  uatioiuil  self-protection,  is  by  no 
means  its  boundary.  It  illustrates  the  right  of  which  it  is  an  example, 
but  does  not  exhaust  it.  It  is  but  one  application  of  the  principle  out 
of  many.  The  necessity  which  gave  rise  to  it  justilies  likewise  the 
larger  power,  and  further  means  of  defence,  which  may  from  time  to 
time  be  reipiired.  Xo  nation,  iu  whatever  statute  or  treaty  it  may 
have  assented  to  the  three-mile  or  cannon-shot  limit  of  muni(;ipal  juris- 
diction, bas  ever  agreed  to  surrender  its  right  of  self  defense  outside 
of  that  boundary,  or  to  substitute  for  that  right  the  contracted  and 
qualilied  power  which  is  only  one  of  the  results  of  it,  aiul  which  must 

'Says  Sir  Ivolit'it  Pliilliinovi',  in  his  oi)iiii(in  in  Qiiccii  v.  Kelm:  "The  sound  cou- 
clusiuns  wliich  result  from  tlio  iiivesti;{;ition  of  tlio  authorities  which  have  Ijeeii  re- 
ferred to  appear  to  me  to  he  these:  The  concensus  of  civilized  independent  states 
has  recognized  a  niaritini((  extension  of  frontier  to  the  distance  of  three  miles  from 
low  water  mark,  hecause  such  a  frontier  or  belt  of  water  is  necessary  for  the  defence 
aud  security  of  the  adjacent  state. 

"It  us  lor  the  attainment  of  these  particnlar  objects  that  a  doruiniou  has  heen 
granted  over  these  portions  of  the  hi.nh  seas. 

"This  proposition  is  materially  ditfereut  from  the  propositiou  contended  for,  viz: 
that  it  is  competent  to  a  state  to  exercise  within  these  waters  the  same  rij^lits  of 
jurisdiction  and  property  which  appertain  to  it  in  respect  to  its  lands  and  its  ports. 
Tliere  is  one  obvious  test  by  which  the  two  sovereignties  may  be  distinguished. 

"According  to  modern  international  law  it  is  ceitainly  a  right  ineidimt  to  each 
state  to  refuse  a  passag(t  to  foreigners  over  its  territory  liy  hind,  whether  in  time  of 
peace  or  war.  15ut  it  does  not  appear  to  have  the  same  right  with  respect  to  pro- 
venting  tin  i>assage  of  foreign  shiiis  over  this  portion  of  the  high  seas. 

"In  tile  former  case  there  is  no  jus  traimitus;  in  the  hitter  case  there  is. 

"The  reason  of  the  thing  is  that  the  defence  and  iceurity  of  the  state  does  not  re- 
quire or  warrant  the  exclusion  of  peaceable  foreign  vessels  from  passing  over  these 
waters,  and  the  custom  and  usage  of  nations  has  not  sanctioned  it." 

Lord  Coekbiini,  in  Queen  v.  Kelm,  speaking  of  the  claim  that  a  nation  has  the  right 
of  excluding  foreign  sliii>s  from  innocent  passage  within  the  tliree-mile  limit,  says 
it  is  a  "doctrine  too  monstrous  to  bo  admitted."  And  again,  "No  nation  has  arro- 
gated to  itself  the  right  of  excluding  foreign  vessels  from  the  use  of  the  exieiii.ii 
littoral  waters  for  the  purpose  of  navigation." 


EltillT    TO    PROTECT    INTERESTS    AND    INDUSTRY. 


147 


t  a  nation 
shot  tlie 
)li\tiiig  no 
vhicli  niiiy 
it  rc(iuiie- 
cloubtedly 
r  as  it  acts 
)\)Qr  to  bo 

iction  over 
I  coiuecled, 
II,  is  by  no 
,n  example, 
•iiR'iple  out 
kewise  tlio 
•om  time  to 
eaty  it  may 
iicipal  juris- 
iuse  outside 
tracted  and 
which  must 


:!  souml  cou- 
iivc  been  ro- 

leiideiit  states 
o  miles  from 

or  tlio  defence 

iiiionliaa  been 

■mkd  for,  vi/.: 
auio  rit^lits  of 
and  its  potts, 
nj^uiijlied. 
ideut  to  each 
[her  in  time  of 
lesiieet  to  pro- 
is. 

to  does  not  ro- 
ug  over  these 

nhasthorif^ht 
lile  limit,  says 
itiou  has  arro- 
f  the  exteniiil 


often  prove  inadequate  or  imipidieable.  On  Hie  contrary,  as  will  be 
seen  hereafter,  many  nations  have  been  comiielled  to  assert,  and  have 
successfully  asserted,  nuieli  wider  and  larger  powers  iu  the  defence  of 
their  manifold  interests. 

It  is  under  the  operation  of  the  same  principle  on  which  jurisdiction 
is  awarded  to  nations  over  the  sea  within  tlie  .J mile  or  cannon-shot 
limit,  that  a  similar  jurisdiction  is  allowed  to  be  exercised  not  only 
over  navij;able  rivers,  bays,  and  estuaries,  which  nuiy  be  fairly  re- 
garded as  lying  within  territorial  boundaiies,  but  over  those  larger 
jiortions  of  the  ocean  conquisi-d  within  lines  drawn  between  distant 
piomontories  or  lieadlands,  and  often  extending  mucli  more  than  tliree 
miles  from  the  nearest  coast.  Such  waters  were  formerly  known  iu 
English  law  as  "the  King's  Chambers." ' 

Chancellor  Kent  remarks  on  tliis  subject  (1  Com.,  pp.  .'50,  31): 

Considering  the  great  extent  of  the  line  of  the  American  coasts,  we 
liave  a  right  to  cliiini  for  liscal  and  delensive  regulations  a  liijeral  cx- 
tcMsion  of  maritime  jurisdiction;  and  it  would  not  lie  unreasonahk',  as 
I  apprehend,  to  assume,  for  domestic  purposes  connected  with  our  safety 
and  welfare,  tlie  control  of  the  waters  on  our  coasts,  though  included 
witliin  lines  stretcliing  from  quite  distant  he.ullands,  as  for  instance, 
iVom  Cape  Ann  to  Cape  Cod,  and  from  Nantuclvct  to  jNIontauk  I'oint, 
and  from  that  point  to  the  capes  of  the  Delaware,  and  from  the  south 
cape  of  Florida  to  tlie  3Iississipx)i. 

The  princii)le  on  which  this  exercise  of  maritime  jurisdiction  reposes 
is  only  that  of  self-defense.  As  Chancellor  Kent  further  observes  (1 
Com.,  p.  2G): 

Xavigable  rivers  which  flow  through  a  territory,  and  the  seacoast  ad- 
joining it  *  *  *  belong  to  the  sovereign  of  the  adjoining  ter- 
ritory, as  being  necessary  to  the  safety  of  the  nation  and  to  the  undis- 
liubed  use  of  the  neighluuing  shores. 

That  the  right  of  self-defence  is  not  limited  by  any  physical  bouiulary, 
Imt  may  be  exerted  wherever  and  whenever  necessity  requiretut,  upon 
tli(^  high  sea  or  even  upon  forei-jn  territory,  is  not  only  the  inevitable 
result  of  the  application  of  just  principles,  but  is  established  by  the 
hi'diest  authorities  iu  the  law  of  nations. 


^^ir  Henry  Maine  8n\s  (Lcctnrcs  on  International  Law,  p.  80):  "Another  enrvival 
III' hirger  pretensions  i>  tho  English  claim  to  exchisivo  anthority  over  what  were 
I  ill  led  the  King's  Chauihers.  Tlusso  are  portions  of  tho  sea  cut  oil"  by  lines  drawn 
ti'  111  one  promontory  of  our  coast  to  anotlier,  as  from  Lauds  End  to  Milford  Haven. 
Thi' claim  has  been  loUowed  ill  Amcjrica,  and  a  jurisdiction  of  the  like  kind  is  as- 
siited  by  tlie  l-nited  States  over  Delaware  13ay  aud  other  oatuaricsi  whicU  outer  iuto 
l»iuou8  of  their  territory." 


il 


U8 


ARGUMENT   OF    TlfK    UNITED   STA'l'ES. 


I 


I 


V^ittel  says  iii)oii  this  suhjccit  (p.  Il.'8,  sec.  280): 

Tt  is  not  easy  to  detoiinine  to  wliat  distance  the  nation  may  extoiul  its 
ri<;litsover  tlie  st'iiby  wliicli  it  is  sunoviuded.  *  *  •  Eacii  stateuiiiy 
on  tliis  Iiead  make  wiiat  regulation  it  ph'ascs  so  far  as  respects  the  trans- 
a(!tions  of  the  citizens  witli  eacli  otiier,  oi-  tlieir  concerns  witli  tlie  sov- 
ori'ijun;  but,  between  nation  and  nation,  all  tiiat  <'an  reasonably  be  said 
is  tiiat  in  ;;«'neral  the  doniinion  of  the  state  over  the  neij^hborin,!''  seas 
extends  as  far  as  her  safety  renders  it  necessary,  and  her  power  is  able 
to  assert  it. 

Cliancellor  Kent  observes  (1  Com.,  p.  29): 

It  is  ditlieult  to  draw  any  precise  or  determinate  conclusion  amidst 
the  variety  of  opinions  as  to  the  distance  to  which  a  state  may  law- 
fully exteiul  its  exclusive  dominion  over  the  sea  adjoininff  its  territories 
and  beyond  those  pcutions  of  the  sea  which  are  end)raced  by  harbors, 
gulfs,  bays,  and  estuaries,  and  over  which  its  jurisdicti(»n  unquestion- 
ably extends.  All  that  can  reasonably  be  asserted  is,  thattlu^  doniin- 
i(tn  of  the  sovereijju  of  the  siiore  over  the  contij;uous  sea  extends  as 
far  as  is  requisite  for  his  safety  and  tor  some  lawful  end. 

And  states  may  exercise  a  more  qualitied  jurisdiction  over  the  seas 
near  their  coast  for  more  than  the  three  (or  five)  mile  limit  for  fiscal  and 
defensive  puri)oses.  liotli  Cheat  Uritain  and  the  United  States  have 
l)roliibited  the  transshi])nu'nt  within  four  leagues  of  their  coast  of  for- 
eign goods  without  payment  of  duties.^     (Kent  Com.  i,  p.  31.) 

Ill  the  case  of  Church  v.  llubbart  (2  Cranch,  IJep.  287),  the  Supreme 
Court  of  the  United  States  unanimously  held  that  "the  right  of  a 
nation  to  seize  vessels  attempting  an  illicit  trade  is  notcontined  totheir 
harbors  or  to  the  range  of  their  baiteries."  It  ap])eared  in  that  case 
that  Portugal  had  prohibited  trade  with  its  colonies  by  foreigners.    A 


'  Mr.  Twiss  snys  (vol.  i,  pp.  2H,  L'lL',  Int  Law) :  "  Fiutlier,  if  the  free  and  cdtiimon 
use  of  il  tiling  wliicli  is  inciiiiiibli;  of  IxMiig  ,ii>pr()priatc(l  wero  lilcely  to  be  prejiKlicial 
or  (iMnjicroiiH  to  a  nation,  tlio  care  of  its  own  .-lafcty  wonld  autiiorizo  it  to  redneo 
tliat  tliinj^  under  its  cxeliisive  enii)ire  if  ])ossil)le,  in  order  to  restrict  the  use  of  it  on 
the  part  of  otliers,  by  sneh  precautions  as  prudence  ini{>iit  dictate." 

Wildinan,  on  tlie  same  })oint,  says  (Int.  Law,  vol.  i,  p.  70):  "The  soa  within  gun- 
shot of  tli(!  .shores  is  occiqiied  l)y  the  occupation  of  ihe  coast.  lieyond  this  limit  mar- 
itiino  statcis  have  claimed  a  right  of  visitation  and  inciuiry  within  those  parts  of  the 
ocean  adjoining  to  their  shores,  which  the  connnon  courtesy  of  niitious  Iiad  for  their 
common  convenicnco  allowed  to  bo  i'onsi(h'red  as  ])arts  of  their  dominions  for  vari- 
ous domestic  i)iiri)oses,  and  particularly  for  fiscal  and  defensive  regulations  more  im- 
mediately attecting  their  safety  aud  welfare." 

Creasy  (Int.  Law,  see.  215)  remarks;  ''States  may  exei  'se  a  (pialified  jurisdic- 
tion over  the  seas  near  their  coasts  for  more  than  the  three  (  )r  five)  miles  limit,  for 
liscal  and  defensive  purposes,  that  is,  for  the  ])uri)oso  of  onforw^ment  of  their 
revenue  laws,  and  in  order  to  i)reveut  foreign  armed  vessels  from  hovering  on  their 
coasts  in  a  menacing  and  annoying  manner." 

And  Halleck  says  (Int.  Law,  chap.  (>,  sec.  1.3)  the  tliree-mile  belt  is  the  subject 
of  territorial  jurisdiction.  "  Kveu  lK>yond  tliis  limit  Btatcs  may  exercise  a  (uiulitied 
jurisditttiuo  for  liscal  aud  dofeusive  pur|)uscs," 


RIGHT   TO    PKOTKCT    INTEHKSTS    AN!)    INDl'STRY. 


149 


Inroif^n  vessel  foniHl  to  liiive  been  intending'  siicli  trade  was  seized  on 
ilic  liiji'li  seas,  eanied  into  a  P(H'tu;iuese,  port,  and  tliere  condenined. 
And  it  was  held  that  the  selznrc  was  le;jal,  ChielMustiee  IMarshall  de- 
li veiiii};' the  o])inion  of  tiie  eourt.  He  points  ont  witli  {jreat  <'learness 
the  dillereiuie  between  the  riyht  of  a  nation  to  exercise  jurisdiction, 
;ind  its  ri{;ht  of  self  <lei'ense.' 

Lord  Chief  .Tustice  Oockburn,  in  his  opinion  in  the  ease  of  (JneiMi  r. 
I\clin.  supra,  cites  this  decision  with  ai>i)roval,  and  (piotes  from  the 
opinion.     He  says  (2  Law  liep.,  L'14): 

Hitherto  lejiislation,  so  far  as  relates  to  foreis'iiers  in  foreign  ships 
ill  tliis  part  of  the  sea,  has  l)een  confined  to  the  niainteiiance  of  neutral 
1  iulits  and  oblipjations,  the  ])rev(!ntion  of  breaciies  of  tln^  reveiuu'  ami 
lisliery  laws,  and,  under  parti(!ular ciicuinstancics,  to  cases  of  co]lisi()n. 
Ill  the  two  first,  the  le<;is]ation  is  altoj;'etlier  irrespective  of  the  tliree 
iii'le  distance,  beinj^  founded  on  a  totally  different  jtriiiciple,  viz,  the 
rij;iit  of  the  state  to  take  all  necessary  measures  for  the  iu'ote(!tion  of 
its  territory  and  rights,  and  the  jjrevention  of  any  breach  of  its  revenue 
l;i\vs.  This  principle  was  well  exi>lained  by  Marshall,  (J.  J.,  in  the 
case  of  Church  v.  Jlubbart.^ 

The  opinion  of  Chief  Justice  Marshall  and  the  language  of  TiOrd 
("ockburn,  above  cited,  very  clearly  illustrate  the  distinction  between 
a  municipal  statute  and  a  defen.^ive  regulation.  Tlie  one  emanates  from 
the  legislative  power,  and  has  elfect  oidy  within  the  territorial  Jurisdic- 
lion  in  which  it  is  enacted,  atul  upon  those  subject  to  that  jurisdic- 
tion elsewhere.  The  other  is  the  exertion  of  executive  authority  when 
necessary  for  the  protection  of  the  national  interest,  and  may  take  ]>la(;o 
wiierever  that  necessity  exists.  Statutes  intended  for  such  protection 
may,  therefore,  have  effect  as  statutes  within  the  jurisdiction,  and  as 
(Ict'ensive  regulations  without  it,if  the  Government  choose  so  to  enforce 
Uiem,  provided  only  that  su(;h  enforcement  is  necessary  for  just  defense, 
and  that  the  regulations   are  reasoiuible  for  that  purpose.     [ISupni., 

\>\>.  ioy-171). 

Such  was  the  view  of  the  United  States  Supreme  Court  in  the  Say- 
u  ird  Case,  in  respect  to  the  operation  of  the,  acts  of  Congress  before 
li  I'erred  to,  for  the  protection  of  the  se.d  in  J>ering  Sea.      In  that  <'ase 


'  I'or  full  quotations  from  tbis  opinion,  see  Appendix  to  tliisjir.utunicnt,  in/ra,  p.  181. 
Alter  (juoting  at  large  from  Chief  .Justice  Marshall's  oijjiiion,  J^ord  Cookliurn 
jiiiii'i'eds  to  say:  "To  this  class  of  eiiactnients  belong  the  acts  imposing  iienalties 
liii  tlie  violation  of  neutrality  and  tlie  so-called  'hovering  acts'  and  acts  relating 
t'  :  lie  custoius.  Thus,  the  foreign  enlistment  act  (33  and  31  Vic.  C.  90)  which  im- 
l'ii-i>s  penalties  for  various  acts  done  in  violation  of  neutral  obligations,  some  of 
Avhidi  are  applicable,  to  foreigners  as  well  as  to  British  subjects,  is  extended  in  S.  2 
ti   ill  the  dominions  of  Ilor  Majesty,  'including  the  adjaeout  territorial  waters.'" 


^ 


150 


AKfJUMKNT   or    TIIK    IJNITFJ)    STATKS. 


a  Canaflimi  vessel  liiul  bocn  <Mi)tiirt'(l  on  llio  lii;,'li  sea  by  a  T'^nitcd 
Statos  cruiser,  aiid  coiKlciimcd  by  decree  of  the.  United  States  Distriet 
court,  for  vi(»l;iliou  of  the  rc;4;uhili()ii.s  prescribed  in  tlios(>  a<'ts;  and 
it  was  (daiiucd  by  the  owners  that  the  ciii»ture  was  nnjustiliable,  as 
beiufj  an  attenijjt  to  {^ive  ollect  to  a  niniii(ii)al  statute  outsiih.^  the 
municipal  Jurisdiction.  Tiic  case  was  dismissed  becituse  it  was  not 
])roperly  before  the  court.  Jiut  in  the  opinion  it  is  intimated  that  if 
it  had  been  necessary  to  decide  the  question  the  cai»ture  wonhl  liave 
been  rcjjjarded  as  an  executive  act  in  defense  of  national  interests,  and 
not  as  t,heenforc<'nientofa  statute  beyond  t!ie  limits  of  its  etfect.  (Case 
of  tho  Sayrard,  U.  S.  Sup.  Ct.  IJcp.,  Book  30,  U.  S.  Led.,  p.  170. 

As  such  defensive  regulations,  if  the  United  States  Government 
thinks  proper  so  to  enforce  them  beyond  the  territorial  line,  the  pro- 
visions of  those,  acts  of  Cdu^i'uss  fullill  th!^  conditions  of  ix'ingboth 
ne(!essary  and  reasonable.  They  interfere  in  no  resi)e('t  with  the  fiee- 
doiu  of  tho  sea,  except  for  the  protection  of  the  seal.  And  for  the  ])ur- 
poses  of  that  protection  they  are  not  only  such  as  the  Government 
prescribes  as  against  its  own  subjetits,  but  are  (jlearly  shown  by  the 
evidence  to  be  necessary  to  be  so  entbrced,  in  order  to  prevent  the  ex- 
termination of  the  seals  and  its  conscq[uences  to  the  United  States. 

The  decision  in  Church  v.  Jlubbart  is  cited  as  statin^'  the  law,  by 
Chancellor  Kent  (1  Com.,  31) ;  and  idso  by  IMr.  Wharton  {Dig.  Int.  Law, 
p.  113)  and  by  Wheaton  (Int.  Law,  6tb  ed.,  p.  23.i).  It  was  followed 
in  the  same,  court  by  the  case  of  Hudson  v.  Gucstier  (0  Craiudi  Hep., 
2S1),  in  which  it  was  held  that  the  jurisdiction  of  tlie  French  court  as 
to  seizures  is  not  contined  to  seizures  made  within  two  leagues  of  the 
coast.  And  that  a  seizure  beyond  the  limits  of  the  territorial  juris- 
diction ibr  breach  of  a  municipal  regulation  is  warranted  by  the  law  of 
nations. 

This  decision  overruled  a  previous  case  (Iaoso  v.  Ilimcly,  4  Cranch 
Kep.,  287)  made,  though  upon  very  difterent  facts,  by  a  divided  court. 
The  dissenting  opinion  of  Johnson,  J.,  in  that  case,  which  by  the  sub- 
sequent decision  became  the  law,  is  worthy  of  perusal.' 

Mr.  Dana,  who  published  an  edition  of  Wheaton,  Avith  notes  which 
80  far  as  they  were  his  own  did  not  ad<l  to  its  value,  is  of  opinion  that 
in  the  decision  in  Ciiurch  t\  II ubbart,  Chief  Justice  Marshall  and  his 
eminent  associates  were  mistaken.  And  this  remark  of  his  is  cited 
in  the  British  Case.    Mr.  Dana  has  no  such  repute  as  umkes  him  an 


*  For  opiuiou  see  Apiieiulix,  infra  p.  182. 


niUllT   TO    I'UOTKCT    INTKKHSTS    AM*    INDUSTRY. 


ir,i 


r  a  riiilo<l 
cs  District 
\  nets  I  and 
Uiliable,  as 
•ut.side  tlic 
it  M-as  not 
ted  that  if 
ivould  liave 
cM(!sls,  and 
L'ct.  (Case 
).  1 70. 
ovcrnnieiit 
le,  the  pro- 
IxMng  both 
:h  the  fi'ce- 
or  the  pur- 
overnnient 
»wn  by  the 
ent  the  ex- 
States, 
he  law,  by 
.  Int.  Law, 
ibllowcd 
inch  Kep., 

I  eonrt  as 
lies  of  the 
wial  juris- 

the  law  of 

4  Cianch 
ded  (;ourt. 
y  the  sub- 

)tes  which 
iiiioii  that 

II  and  his 
s  is  cited 
is  him  an 


authority,  especially  wiien  he  uiidertalies  to  overrule  tlio  }jr<'.itcst  of 
American  Jiidjjes,  and  the  repeated  decisions  of  the  SuiJreine  Court  of 
the  United  States.  No  other  writer  or  ,in(l<;e,  so  far  as  we  are  aware, 
has  ever  shared  his  oi)inioii.  And,  as  has  liccn  seen,  the  decision  of 
Chief  .Justice  Marshall  has  received  the  approval  of  very  great  lawyers. 

In  the  comments  in  his  note  up'Ui  these  cases,  I\Ir.  Dana  docs  not 
(iorrectly  state  them.  Th(!  decision  in  Church  v.  Ilnbbart  was  upon 
tlic  unanimous  ojiinion  of  the  court,  .and  has  never  been  questioned 
cxce])t  by  him.  Tiie  siibscriuent  ease  of  Hose  v.  Flimely  deei<led  that 
the  seizure  of  a  vessel  without  the  territorial  domain  of  the  sovereign 
Milder  cover  of  wliose  authority  it  is  made  will  not  give  Jurisdiction  to 
condemn  the  vessel,  if  it  is  never  brought  within  the  dominions  of 
that  sovereign.  It  would  seem  from  some  of  the  language  of  Ciiief 
.liistice  Marshall,  that  Ik^  mn}i  have  been  of  opinion  that  the  seizure 
itself  was  unwarranted,  irrespective  of  the  fact  that  the  vessel  never 
was  brought  in,  though  this  is  by  no  means  clear.  Judges  Livingston, 
Cushing,  and  Chase  concurred  in  the  decision,  on  the  sole  ground  that 
the  cai)tured  ship  was  not  brought  into  a  port  of  the  country  to  which 
the  capturing  vessel  belonged;  and  declined  to  express  an  opinion  as 
to  the  validity  of  the  seizure  upon  the  high  sea,  for  I)re<aeh  of  a  munici- 
]tal  regulati(m,  provided  the  vessel  had  been  so  brought  in.  While 
.Indge  .lohnsoii  dissented  altogether,  holding  in  the  opinion  above 
referred  to,  tliat  the  seizure  was  valid,  although  nev'er  brought  in. 
^fr.  Dana  mistakes  the  case  of  Hose  r.  Ilimely  in  siiying  tliat  it  was 
lliere  de;'ided  that  a  seizure  of  a  vessel  outside  of  the  territorial  juris- 
diction is  unwarranted.  And  he  mistakes  the  ease  of  Hudson  v.  (lues- 
tier,  in  which  the  contrary  is  distinctly  held,  Chief  Justice  Marshall 
concuiTing. 

Tiie  cases  of  the  Marianna  Flora  (11  Wiieaton  Kep.  TJ.  S.  Sup. 
Court),  above  cited,  in  which  the  opinion  was  delivered  by  Mr.  Justice 
rttory,  and  the  case  of  the  Schooner  Betsey  (Mason's  Itep.  351),  a  de- 
cision of  Judge  Story,  were  to  the  same  efi'ect.' 

'In  tlio  recput  case  (1800)  of  iranclicstcr  i".  JVrjmsaclmsotts  (139  U.  S.  Suiircino 
Ciiurt  Rep.,  210),  the  law  on  this  subjec't  was  tlins  stated  by  Mr.  Clioati',  of  connsel: 
"Withont  those  limits  wcn^  the  *liinh  seas,'  tlio  roinnion  ]);'opcrt,y  of  all  nations. 
I  )vrr  these  Kni^flanrt,  as  one  of  t!io  common  sov(!T>m.;iis  of  the  oecian,  had  certain  rifrlits 
111  ,jiirisdicti(m  and  dominion  derived  from  and  sanctioned  by  the  agreement  of  ua- 
tiiins  express(!d  or  implied. 

"  Such  jnri.sdicti<m  and  dominion  she  had  for  all  purposes  of  self-defenso,  and  for 
the  regulation  of  coast  tislierics. 

"The  exercise  of  such  rights  over  adjacent  waters  would  not  necessarily  ho  limited 


152 


AllGUMEXT    OF    THE    UNITED    STATES. 


The  Continontail  publicists  arc  in  full  coucurrcuce  on  this  jwiiit  witli 
Eiiiilish  and  American  authorities.' 


In  respect  to  the  exercise  of  the  ri/jlii  of  self-defense,  not  merely 
npoii  the  liigh  seas  but  in  the  torrit  ,ryor  territorial  watei's  of  a  lorcMj^n 
iiu.i  friendly  state,  authority  is  equally  strong.  Says  Mr.  Wliarton  (1 
Dig.  of  Int.  Law.,  p.  oO): 

Intrusion  on  the  territory  or  territorial  waters  of  a  foreign  slate  is 
excusable  wIumi  necessary  for  self  protcrtioii  in  matters  of  vital  impor- 
tance, and  when  no  other  mode  of  reUef  is  attainable. 


i 


And  (pp.  221,  222): 

Wiien  there  is  n(>  other  way  of  warding  oft'  a  ])eril()us  attack  njion  a 
country,  the  sovereign  of  sucii  country  can  int«'r\ cue  by  force  in  the 
t(!iritory  from  wliich  the  attack  is  threatened,  in  order  to  prevent  sucli 
attack. 

A  belligerent  may,  nnder  extreme  nee  essity,  enter  neutral  territory 
and  do  what  is  actually  necessary  tor  protection. 

And  he  cites  the  case  of  Amelia  Island,  in  resi)ect  to  which  he  says: 

Amelia  Island,  at  the  month  of  St.  ]\[ary's  Kiver,  and  at  that  time  in 
Si)anish  tei'ritory,  was  s<'i/.e(l  in  1S17  by  a  band  of  buccaneers,  nnder 
the  direction  of  an  adventurer  named  McGregor,  who,  in  the  name  of 
the  insurgent  colonies  of  Btu'uos  Ayi'es  and  V'enezuela,  preyed  indis- 
criminalely  on  the  conrniei'ce  of  Spain  and  of  the  United  States. 
The  Spanish  (lovernnu'ut  not  being  al)ie  or  willing  to  diive  them  otf, 
and  the  nuisance  being  one  which  required  immediate  action,  President 


to  ii  3-nuIe  Ijclt,  but  would  undoubvedly  bo  sanctioned  us  far  as  leasouuldy  7ioc- 
essavy  to  socuri!  the  ])rarti('al  bcueiits  of  tboir  jiossossiou.  If  scdf-dcfi'iise  or  rcifula- 
tion  of  lislicrit'H  slioiilil  icMsoiiably  rciiiiiri-  assuiui)tiim  of  couti'iil  to  a  i^rcatcr  distance 
tlnin  3  miles,  it  would  un(loul)ti'diy  lie  aciiuicsccd  in  by  otlitT  nations. 

"Tlio  marine  leayne  distance  has  ac'inirrd  ])roniincnce  merely  liecause  of  its  adop- 
tion as  a  boundary  in  certain  aurcenicnls  and  tiealies,  and  from  its  lVei|Uent  lueiition 
in  text-books,  but  lias  never  liceu  cslaldislicd  in  law  as  a  lixed  Itoundary. 

"These  rights  l)elonu,ed  to  l'".n<4laiid  as  a  nienibcr  of  thi;  laniily  of  nations,  and  did 
not  constitute  In^r  tlie  jtosscssor  of  a  ])ro])rietary  title  in  any  jiart  of  the  lii;;h  seas 
nor  add  any  j)ortion  of  tiu'se  waters  to  luT  reahu.  Jn  t  iieir  nature  tlicy  were  riylits 
of  dominion  and  sovereij^nty  ratluT  tlian  of  jn'operty." 

Mr.  .Justice  IJlatchlbrd,  in  dcliveriuL;  the  o]tinion  of  tlie  court,  says:  "We  thiulv 
it  must  be  reijarilcd  as  estal)lished  that,  .as  liet  ween  nat  ions,  the  uiininiuni  liiiiitot' 
tlie  tei'i'ltorial  jurisdiction  of  a  nation  <iver  tide-waters  is  a  marine  lcaj;ue  I'nun  its 
coast;  that  l)ays  wholly  within  its  t.rritory  not  exccedinu;  two  nuiriiie  lea;;ues  in 
width  at  the  niuuth,  are  within  this  lini'.t;  an<'  that  included  in  this  territorial  Juris- 
diction is  the  rif^ht  of  control  over  lisli>uaes,  whether  the  tish  be  niij;rat(U'y,  frce- 
swiinniinL!;  tish,  or  (Vce-nioviui;  tish,  or  fish  at  tached  to  or  emliedded  in  the  soil.  The 
ojieii  sea  within  this  liiidt  is,  of  course,  sul)Ject  to  the  conmion  ri}.'ht  of  navij^ation, 
and  all  {fnviMiiments,  for  the  i)uri)ose  of  8olf|)rotecti(Ui  in  tiuuMif  war  or  for  the  pre- 
vention of  fiiinds  on  its  res'euuc,  e.  'rcise  an  authority  beyond  this  limit." 

'For  citations  from  A/.uni,  Ploe.|u  ,  Ij.i  four,  Ualvo,  licli'lor,  lihmtschli,  uud  Cur- 
iiazza-Aniaii,  tiue  Aiipeudix,  iiij'ru  n-     183-lbU. 


IIIGHT    TO    rUOTKCT    IXTEHESTS    AND    INDUSTRY. 


lo3 


[)oiiit  with 


ot  merely 
fji  iureigu 
niaitoii  (1 


II  sliite  is 
till  iiiipor- 


ck  upon  a 
('('  ill  tlie 
vent  such 


territory 
1  he  says: 

lat  time  in 
L'ls,  luider 
e  name  of 
^•('(1  iiidis- 

(1  tStatea. 

them  off, 
L'jesident 


or  I'l'mila- 
er  distiiiii'i' 

f  its  iidop- 
ut  iiiciitioii 

IS,  luid  (lid 

v<T('  i-i,i;lits 

We  tliinlc 

III  limit  of 
ic  IVdin  its 
lrM;Ljiies  in 

orial  Jiiris- 
liiry,  lVci»- 
Hoil.  The 
:i\  itr.it  ion, 

IV  tlic  2)ro- 

uiid  C'ar- 


INTonroe  eall('(l  liis  Cabinet  ton-ether  in  O.-tobor,  1S17.  mikI  directed  tliat 
a  v.'sscl  ol'  war  should  proceed  to  the  ishuul  and  expel  tiie  marauders, 
destroying  their  worlcs  and  vessels. 

In  the  ease  of  the  Caroline,  in  tlie  year  183S,  during  the  Canadian 
icbelliou,  a  r)iitisli  armed  force  pursued  that  vessel  into  an  American 
]»(>rt  on  Lake  l<]rie.  cut  her  out  and  destroyed  her  by  lire,  killing  one  or 
more  of  her  crew.  This  otherwise  gross  violation  of  the  territiuy  of  a 
friendly  nation  was  justified  by  tlie  British  Government  as  a  necessary 
measure  of  self  defense,  since  the  Caroline  had  been  engaged  in  (rarry- 
iiig  supplies  to  the  insurgents.  In  the  correspondence  that  ensiu'd 
between  the  two  governments,  the  lUitish  right  to  intrude  as  they  did 
ui)on  American  territory  was  conceded  by  IMr.  Webster,  the  American 
Secretary  of  State,  provided  the  necessities  of  self-defense  required  it, 
and  the  only  question  made  was  whether  the  necessity  for  its  exercise 
actnally  existed.  In  the  end,  that  ])oint  seems  to  have  been  given  nj), 
and  no  rei)aration  or  apology  was  ever  mad- .  Though  it  is  certainly 
diflicult  to  see  liow  any  greater  necessity  was  to  be  found  in  that  ease 
llian  may  always  be  said  to  exist  f'«r  attacking  an  enemy's  shij),  the 
case  presents  a  very  strong  illustration  of  the  application  of  an  un- 
donl)ted  princijde.  A  very  interesting  discussiou  of  the  question  Avil 
be  toMiid  in  the  correspondence.' 

riiilliinore  says  of  the  Caroline  case  (vol.  I,  p.  ^o."),  sec.  coxvi): 

The  act  was  made  the  siibject  of  cinni)laint  o'l  the  ground  of  viola- 
tion of  territory  by  the  Aineric'in  Government,  and  v  ndicated  by  Great 
r.ritain  on  the  gntund  of  self-preservation  ;  which,  if  her  version  of  the 
facts  were  correiit,  was  a  sullieient  answer  and  a  eoini)Iete  vindication. 

Hall  (Int.  Law,  p.  2(17,  par.  ;>i)  ex])resses  similar  views. 

Ill  ISlo,  under  orders  of  Mr.  Monioe,  measures  were  taken  for  the 
(hsf  ruction  of  a  fort  held  by  outlaws  of  all  kinds  on  the  Ai)palaclii<,'ola 
Iv'iver,  then  within  Spaiiish  territory,  from  which  ]»aities  had  gone 
fdiili  to  i)illage  within  the  United  States.  The  governor  of  Pensacola 
had  liecn  called  upon  to  repress  the  evil  and  punish  the  maramlers,  but 
he  refused;  and  on  his  refusal  the  Spanish  territory  was  entered,  and 
iIh'  I'nit  attacked  and  destroyed,  on  the  ground  of  necessity. 

A  similar  case  was  thatof  Greytown.  It  was  a  port  on  the  Mosipiito 
cnast,  in  which  some  United  States  citizens  resided.  These  citizens, 
;iiid  others  interesteil  with  them  in  business,  were  subjected  to  gross 
indignities  and  injuries  by  the  local  authorities,  who  were  British,  but 


'  For  ('orrc^iiDiKlciici-  lictwocn  Mr.  AVchstor  mid   T.onl  Awlilmiloii,  iiiid  ii'iiiarkrt  of 
Mr.  C'allioiiii  mid  Lord  Cimipltt'li,  st-o  Apinuidix,  inj'ra,  p.  iiHi. 


154 


ARGUMIiN'I'   OP   TIIK   UNITED   STATES. 


^i 


wlio  professed  to  aet  from  the  authority  of  the  king  or  chief  of  the 
Mosquito  Ishuids.  The  parties  then  api)ealed  to  the  commander  of  the 
United  States  sh)op  of  war  Cyanc,  tlien  lying  near  the  port,  for  pro- 
tection. To  ])unish  tlie  authorities  for  their  action  lie  bombarded  tlie 
town.  For  tliis  act  he  was  denounced  by  the  British  residents,  who 
chiimed  that  tlie  British  Government  had  a  protectorate  over  that 
region.  His  action  was  sustained  by  the  Government  of  the  United 
States,  the  ground  being  the  necessity  of  punishing  in  this  way  tiie 
wrong  to  citizens  of  the  United  States,  and  preventing  its  continuance. 
(1  Wharton's  Dig.,  p.  229.) 

When  the  sovereign  of  a  territory  permits  it  to  be  made  the  base  of 
hostilities  by  outlaws  and  savages  against  a  country  witli  which  such 
sovereign  is  at  ])eace,  the  government  of  the  latter  country  is  entitled, 
as  a  matter  of  necessity,  to  pnrsue  the  assailants  wherever  they  may 
be,  and  to  take  such  measures  as  are  necessary  to  put  an  end  to  their 
aggressicms.     (//>.,  ]).  22(t.) 

An  incursion  into  the  territory  of  iNFexico  for  the  purpose  of  dispers- 
ing a  band  of  Indian  marauders  is,  if  necessaryj  not  a  violation  of  the 
law  of  nations.     (//>,,  p.  233.) ' 

In  all  these  cases  the  discussion  proceeded  upon  the  question  of  the 
existence  of  the  particular  necessity.  The  right  to  enter  upon  neutral 
territory,  if  necessity  really  required  it,  was  not  controverted  by  any 
of  the  governments  concerned. 

A  still  more  striking  illustration  of  the  exercise  of  the  national  right 
of  self-defense  upon  the  high  seas,  at  the  expense  of  innocent  commerce, 
and  to  the  entire  subordination  of  i)rivate  rights,  which,  except  for  tlie 
consequences  to  national  interests,  would  have  been  unquestionable,  is 
found  in  the  British  Orders  in  Council  in  the  year  1809,  pi'ohihiting 
neutral  commerce  of  every  kind  with  ])orts  wlii(;h  the  Emi)eror  of 
France  had  declared  to  be  closed  against  British  trade.     The  ell'ect  of 


•  "TeinpoiMi'y  itivMsioii  of  tlio  territory  of  an  Jidjoiiiiin;  roiiiitry,  when  iioccssai'y 
to  prevent  mid  elieek  erinie.  'rests  njioii  iirineijiles  ol  lli  •  law  of  na  linns  entirely  dis- 
tinct from  tliose  on  uliicli  war  is  justifu'd — n])on  tlie  iiiunntalde  iirineijilcH  of  self- 
dcfenso — upon  the  ])rin(i|des  wliieh  Justify  decisive  measures  of  jirecautions  to  pre- 
vent irrei»aralde  evil  to  oiir  own  or  to  a  neiyhltorin^  people.'"  (Mr.  Vorsyth,  Sec. 
of  .State,  I  Wharton,  ]).  'IWO.) 

"TIio  firnt  duly  of  a  f^dx  emnient  is  to  protect  life  and  property.  This  is  a  para- 
mount olili'i.ilion.  I'or  this  ^aver.inients  an'  instituted,  and  govermuents  nej;]eet- 
ing  or  lailinij  to  iierfonn  it  heeonn>  woi'se  than  useless,  *  »  *  The  United  , States 
'(lovernnient  can  notr  allow  marauding  bands  to  establish  themselves  u])on  its  bordc^rs 
with  lil)erty  to  invade  and  plunder  I'niteil  States  territory  with  iiiijiunity,  jiTulthen, 
•whi'U  pursued,  to  take  refiiifti  across  the  liMo  (Jrande  under  the  ])r(iteetion  of  the  plea 
of  the  integrity  of  the  soil  of  the  Mexican  Kepublic."  (Mr.  Evarts,  .Sec,  of  State,  I 
Wharton,  p.  2',V1.) 


r.iGHT  TO  pi;o'ri:<  T  inti:kk8Ts  and  indi'stuy. 


155 


f  of  tlie 
!!•  of  tlie 
for  pro- 
•iled  the 
its,  who 
/er  that 
United 
way  the 
iuuance. 


',  base  of 
idi  such 
eutitU'd, 
icy  may 
to  their 

'dispers- 
al of  the 


m  of  tlie 
1  neutral 
1  by  any 

al  right 

)ininor('e, 

>t  for  the 

lable,  is 

diibitiuft- 

xM'or  of 

ellect  of 


iirci'saavy 
iliicly  <liH- 
)lCH  of  sclf- 
(iiis  to  prc- 
iMytli,  Sec. 

is  ii  pririi- 
ts  nrnloct- 
ited  States 
its  boi'diTS 

and  then, 
of  tho  pica 

of  Stale,  I 


these  orders  was  to  arrest  iijion  the  sea  the  lawful  tiadi' of  neutrals,  not 
with  blockaded  ports,  nor  even  belligerent  ports  not  blockaded,  but  with 
neutral  ports.  Yet  the  validity  of  these  orders  upon  the  prineijdes  of 
international  law,  se\cre  as  their  consequences  were,  was  atlirined  l)y 
the  j;ieat  judicial  authority  of  Lord  Stowell,  then  Sir  AVilliain  Scott, 
iu  several  cases  of  eai)ture  that  came  before  him  in  admiralty,  ujxin  the 
};i»)und  that  tiiey  were  necessary  measures  of  self  defense  to  which  all 
])i  ivate  rights  must  give  way. 
In  the  ease  of  the  Success  (1  Dodson  IJep.,  p.  133),  he  said: 

The  blockade  thus  imposed  is  certainly  of  a  new  and  extended  kind, 
l)ut  lias  arisen  necessarily  out  of  the  extraordinary  decrees  issued  by 
tiie  ruler  of  I'^rance  auaiust  tiu;  commerce  of  this  c<mntry,  and  subsists, 
therefore,  in  the  ajjprehension  of  the  court  at  least,  in  i)erfect  justice. 

In  the  case  of  the  Fox  (1  ICdwards  Adni.  llei).,  31-1),  he  remarked  in 
relereuce  to  the  same  orders: 

Wlien  tlie  state,  in  consefjuence  of  gross  outrages  upon  the  laws  of 
nations  committed  by  its  adversary,  was  eon)pelled  by  a  necessity 
which  it  laments,  in  resort  to  measures  which  it  otherwise  condemns,  it 
])ledged  itself  to  the  revocation  of  those  measures  as  soon  as  the 
necessity  ceases. 

Again,  speaking  of  those  retaliatory  measures  as  necessary  for  the 
defense  of  commerce,  he  says  in  another  case: 

in  that  (tliaracter  they  have  been  justly,  in  my  a]>prehension.  deenuMl 
reconcilable  with  those  rules  of  natural  justice  by  which  tlie  inter- 
u;;tional  communication  of  independent  states  is  usually  governed. 
{The  f>)tiii/\  ImIw.  Adm.  Itcp,,  381!.) 

fjord  Stowell's  judgments  in  these  cases  have  never  been  criticised 
or  disapproved  by  any  court  of  justice,  nor  by  a.iy  writer  of  repute  on 
iiiteinational  law.  'llie  necessity  relied  upon  might  jterhaps  be  (pu's- 
tioned,  but  when  that  is  established,  it  is  not  to  be  doubted  that  it 
lici'omes  the  measure  of  the  right. 

Another  very  forcible  illusi ration  of  the  principle  contended  Uw.  is  to 
lie  seen  in  the  exclusive  riglit  asserted  by  (Jreat  Hritain  to  the  fisheries 
(Ml  the  Newfoundland  and  Nova  Scotia  coasts,  not  only  within  what 
are  called  the  teiritorial  seas,  but  as  far  from  the  coast  as  the  fisheries 
ixtend.  The  full  diplomatic  discussion  of  this  subject  will  be  found  in 
ilie  "  Documenis  relnfin;/  io  lite  fidiisaetions  at  the  negotiatioit  of  Ghent^ 
'ollccfed  and  published  by  John  Quincy  Adams,  one  of  the  Commissioners 
of  the  United  tStaics.''^  The  occasion  was  the  negotiation  of  the  treaty 
of  |»eace  between  the  ITnited  States  and  Great  Britain,  at  the  conclu- 
sidi:  of  the  war  of  1812. 


15G 


ARCnniEXT   OF    THE    UNITED    STATES. 


I  I? 


Olio  matoriiil  (luostiou  very  imicli  discussed  mid  coiisidcrod,  was  tho 
right  to  1h'  iiccorded  to  the  United  States  in  tliese  fislieiies.  By  tlio 
treaty  of  ]  78,'J  between  those  countries,  at  the  close  of  the  lieNohitioiiary 
War,  certain  ri<ilits  in  them  had  been  conceded  bj'^  Great  liritain  to  her 
colonies,  whose  independence  was  in  tlnit  treaty  admitted.  When  the 
treaty  of  J815  was  made,  it  was  claimed  by  Gx-eat  Britain  that  the 
treaty  of  178.'5  had  been  abrogated  by  the  subsequent  war,  and  tliatthe 
right  of  the  Americans  to  participate  in  the  fisheries,  granted  by  that 
treaty,  had  by  its  abrogation  been  lost.  The  relative  contentions  of 
the  parties  will  be  clearly  seen  by  ])erusal  of  Mr.  Adams's  exhaustive 
rcsunu'' of  the  history  and  merits  of  the  question,  and  from  the  citations 
he  adduced.     (Pp.  1()0-1()!>,  1(J7-1(>9,  181-18"),  187-190.) 

It  was  contended  by  Great  Britain  and  conceded  by  the  United 
States  that  all  tliose  llsherics,  both  within  and  without  the  line  of  ter- 
ritorial jnrisdiction,  were  i)revious  to  the  Bevolntionary  War,  the  ex- 
clusive property  ol  Great  Britain,  as  an  appurtenant  to  its  territory. 
On  this  point  there  'vas  no  dis^>ute,  although  the  fisheries  in  question 
extemled  in  the  oi)en  sea  almost  five  degrees  of  latitude  from  the  coast, 
and  along  the  whole  northern  coast  of  New  li^ugland,  Nova  Scotia,  the 
Gulf  of  St.  Lawrence,  and  Labrador.' 

Upon  lliis^iew,  entertained  by  belli  nations  and  by  all  the  eminent 
diplomatists  and  statesmen  who  participated  in  making  or  discnssing 
these  treaties,  the  contention  turned  njion  the  true  construction  of  the 
grant  of  fishing  rights  contained  in  the  treaty  of  1783.  It  was  claimed 
by  tlie  Britisii  (iovernment  that  this  was  a  ])nre  grant  of  rights  belong- 
ing exclusively  to  (!rcat  Britain,  and  to  which  the  Americans  could 
Inive  no  claim,  excejit  so  far  as  they  were  conferred  by  treaty.  It  was 
contended  on  the  otlier  side,  tliatthe  Americans,  lieiiig  British  subjects 
up  to  the  time  of  the  L'evoliitionary  War,  entitled  and  accustomed  as 
Kuch  to  share  in  these  fisheries,  the  ac(iuisitioii  of  which  from  France 
liad  been  largely  due  to  their  valour  and  exertions,  their  light  to  par- 
ticipate in  them  was  not  lost  by  the  Bevolutioii,  nor  by  the  change  of 
government  Avhich  it  brought  about,  when  c(»nsummatcd  by  the  treaty 
of  1783.  And  that  the  ])rovisions  of  that  treaty  on  the  subject  were  to 
be  construed,  not  as  a  grant  of  a  new  right,  but  as  a  recognition  of  the 
American  title  still  to  i>articii»ate  in  a  |»ropeity  that  before  the  war  was 
common  to  botii  countries.  vVlilch  side  of  this  contention  was  right, 
it  is  (iuite  foreign  to  the  present  pui-pose  to  consider.    It  is  enough  to 


Tor  lull  (iHolatioiis  iVimi  Mr.  Adiiiiis,  sco  Appendix,  infra,  pp.  187-189. 


RKJIIT    TO    PU0TP:CT    INTERESTS    AND    INDUSTRY 


157 


perceive  tliat  it  never  oecjurred  to  the  United  States  (loverinnent  or  its 
eminent  rei)resentative.s  to  claim,  far  less  to  the  Hiitish  (iovernment  to 
concede,  nor  to  any  diplomatist  or  writer,  either  in  17S;>  or  1815,  to  con- 
ceive, that  these  fisheries,  extending  far  beyond  and  outside  of  any 
limit  of  territorial  Jurisdiction  over  the  sea  that  ever  was  asserted  there 
or  elsewhere,  were  the  general  property  of  mankind,  or  that  a  partici- 
pation in  them  was  a  ])art  of  the  liberty  of  the  open  sea.  If  that  prop- 
osition could  have  been  maintained,  the  light  of  the  Americans  would 
have  been  plain  and  dear.  Xo  treaty  stii)ulati(>ns  would  have  been 
necessary  at  the  end  of  either  war.  (See  also  Wharton's  Dig.  vol.  iii, 
pp.  39-48.) 

It  will  be  perceived,  also,  that  in  the  case  of  these  fisheries  there  was 
no  pretense  that  an  exclusion  of  the  world  from  parti<'i[)atiiig  in  them 
outside  the  line  of  the  littoral  sea  was  necessary  to  their  preservation, 
<n' that  such  iiarticipation  would  tend  tu  their  extinction;  though  un- 
(piestioiiably  it  might  lead  to  a  diminution  of  the  profits  to  be  derived 
from  them  by  the  inhabitants  of  the  territory  to  which  they  appertained. 

If  the  countries  now  contending  were  right  then  in  the  views  enter- 
tained by  both  governments  and  by  all  who  werti  concerned  for  them, 
in  cabinets,  diplomacy.  Congress,  and  Parliament,  and  in  the  claims 
then  made,  conceded  and  acted  upon  ever  since,  the  ]>recedent 
thus  established  must  be  decisive  between  them  in  the  present  case. 
There  can  not  be  one  international  l;i\v  tor  tlie  Ati.mtic  and  another 
for  the  Pacilic.  If  the  seals  may  bo  treated,  like  tlie  lish,  as  only  fcrw 
ii((tu)'(V,  and  not  property,  if  the  maintenance  of  tlie  herd  in  the 
Pribih)f  Islands  is  only  a  fishery,  how  tlieii  c;in  the  case  be  distin- 
guished from  tluit  of  the  fisheries  of  Nova  Scotia  and  XewfoiindlamH 
Why  would  it  not  be,  until  (ioneeded  away  by  treaty  or  thrown  <»iien 
to  the  world  by  consent,  a  proprietary  right  belonging  to  tlie  territory 
to  which  it  appertains,  and  which  the  Government  has  a  right  to 
defend? 

But  the  case  of  the  seal  industry  is  far  stronger  than  that  of  the 
lisheries  in  favor  of  such  a  right.  'I'lie  great  facts  of  the  nature  of 
the  ainmals,  their  attachment  to  the  land,  without  wliieh  they  could  n(tt 
exist,  their  constant  uaimufi  rcvrrtondi,  the  protection  there,  in  default 
of  which  they  would  perish,  and  the  absolute  necessity  of  excluding 
outside  interference  with  them,  in  order  to  i)reveiit  theii- extinction,  not 
only  greatly  strengthen  the  i)roprietary  title,  but  annex  to  it  the 
further  and  uuquestionablo  right  of  ticlf-defeuse,  in  respect  to  those 


158 


ARGUMENT    O  "    THE    UNITED    STATES. 


I' 


■}  .■■ 
'■'  I'i 

i 

i 


interests  on  shore  in  wliicli  the  property  is  not  denied  nor  open  to 
dispute. 

The  jurisdietion  ii(!Corded  to  nations  over  1  le  littoral  seas  is  by  no 
means  tlio  only  instanee  in  \vhl(;h  rales  of  international  law,  now  com- 
pletely establislied  and  universally  recognized,  and  niider  whieh  tlio 
freedom  of  the  sea  has  been  largely  abri  dged,  liave  ari>en  out  of  the 
right  and  necessity  of  self-defense,  and  out  of  tlio  general  principle 
that  to  such  ne(;essity  individual  rights  and  the  acquisition  of  private 
emoluments  upon  the  ocean  must  give  way. 

Some  of  these  rules  relate  to  the  interests  of  nations  when  engaged 
in  war,  and  others,  like  tliat  which  concedes  thejuristliction  over  terri- 
torial seas,  chielly  to  the  interests  of  peace. 

The  right  of  self-defense,  as  alfecting  nations,  is  no  greater  in  war 
than  in  peace.  Certain  necessities  are  sometinu's  greater  in  one  state 
than  in  the  other.  But  in  both  the  nuiasure  of  the  necessity  is  the 
measure  of  the  right,  aad  the  justitiabic  means  of  self- protection  are 
such  as  the  case  reipiives.  It  is  the  princii)le  that  controls  the  case, 
not  the  case  thac  controls  the  principle.  The  state  of  war  only  exists 
between  the  belligerents,  and  is  only  material  between  tiiem  and 
neutrals,  so  far  as  it  gives  rise  to  a  i)arti(*ular  necessity  on  the  i)art  of 
a  belligerent,  that  would  iu)t  otherwise  arise.   . 

The  international  law  of  piracy  is  an  infringement  of  the  right  which 
even  a  criminal  has,  to  be  tried  in  the  Jurisdiction  where  his  crime  was 
conunitted,  and  if  upon  tiie  high  sea,  in  the  jurisdiction  to  which  his 
vessel  beh)ngs.  Such  is  the  rule  in  res[)ect  to  every  other  crime  known 
to  the  law.  But  if  an  American  in  an  American  ship  commits  au  actot 
piracy  on  the  high  seas  on  a  British  vessel,  he  may,  by  the  rules  of 
international  law,  be  captured  by  a  French  cruiser,  taken  into  a  French 
l)ort,  and  there  tried  and  executed,  if  I'rance  thinks  proper  to  extend 
the  jurisdiction  of  her  courts  to  such  a  case.  The  reason  of  this  well" 
settled  rule  is  not  found  in  the  character  of  the  crime,  which  is  but  rob- 
bery and  murder  at  worst,  but  in  the  necessity  of  general  defense,  iu 
which  all  seagoing  mitions  have  a  like  interest  and  therefore  a  like 
right  to  interveue,  without  waiting  for  the  tardy  or  uncertain  action  of 
others. 

The  slave  trade  is  an  offense  for  which  the  sea  is  not  free,  though  not 
yet  regarded  in  international  law  as  piracy,  because  there  are  still 
countries  where  slavery  is  legalized.  But  there  is  no  (pu'stiou  that  a 
nation  whose  laws  prohibit  slavery  may  capture  on  the  high  sea  any 
vessel  ladei  with  slaves  intended  to  be  landed  on  her  coaat,  or  any  vea- 


UIGHT    TO    PROTECT    INTERESTS    AND    INDUSTRY. 


159 


scl  sailing  for  the  purpose  of  proseontiiigj  the  shive  trodo  on  her  shores. 
Nor  is  there  any  doubt  that  so  soon  as  the  abolition  of  slavery  becomes 
universal,  international  law  will  sanction  dealing  with  a  slaver  as  with 
a  pirate,  and  for  the  same  reason  of  general  self-defense. 

Xor  is  the  sea  free  to  any  vessel  whatever,  not  carrying  the  flag  of 
some  country,  and  shown  by  its  papers  to  be  entitled  to  carry  tluit  flag; 
and  the  armed  vessel  of  any  nation  may  capture  a  vessel  not  so  pro- 
tected. Sailing  independently  of  any  particular  luitionality  is  harmless 
in  itself,  and  uuiy  be  consistent  with  entire  innocence  of  conduct.  lUit 
if  allowed,  it  might  offer  a  convenient  shelter  for  many  wrongs,  and  it 
is  therefore  prohibited  by  the  law  of  nations. 

Innocent  trade  may  also  bo  prohibited  by  any  nation  between  other 
nations  and  its  colonies,  for  reasons  of  policy.  Such  restrictions  have 
been  frequent,  and  their  propriety  has  never  been  (piestioned.  That  a 
vessel  engaged  in  such  prohibited  trade  may  be  captured  on  the  higii 
seas  and  condemned,  is  shown  by  the  case  of  Church  v.  LIubbart,  and 
other  authorities  above  cited. 

These  are  instances  of  the  exercise  upon  the  sea  of  the  general  right 
of  self-protection,  for  the  common  benefit  of  nations,  irrespective  of  the 
])articular  necessity  of  any  one  country.  In  most  cases,  restrictions 
imposed  upon  the  freedom  of  the  sea  arise  out  of  some  particular 
national  necessity. 

Thus  it  is  well  settled,  that  any  vessel  guilty  of  an  infraction  of  a 
revenue  or  other  law  within  the  territorial  waters  of  a  nation,  may  be 
pursued  and  captured  on  the  high  seas;  because,  otherwise,  such  laws, 

devised  for  the  protection  of  the  national  interests,  might  fail  of  being 
adequately  enforced. 

Upon  this  principle  also,  was  based  the  British  act  putting  restric- 
tions upon  the  passage  of  a  vessel  on  the  high  sea,  approaching  Great 
Dritain  from  a  port  where  infectious  disease  was  raging.  (Juarantiue 
and  health  regulations  are  usually  enforced  within  the  Jurisdictional 
limit,  and  so  confined,  are  in  ordinary  cases  sutlicient  for  their  purpose. 
I  hit  when  in  a  i)articular  case  they  are  insutticient,  and  the  necessity 
of  protecting  the  country  from  incursion  of  d-.ngerous  disease  requires 
it,  no  right  of  freedom  (»f  the  sea  stands  in  the  way  of  putting  proper 
restrictions  on  the  approach  of  vessels,  at  any  distance  from  the  shore 
that  may  be  found  requisite.    (G  Geo.  IV,  chap.  78.) 

The  very  grave,  and  often,  to  innocent  individuals,  ruinous  restraints 
iqion  neutral  trade  for  the  interest  of  belligerents,  the  validity  of  which 
has  long  been  established  in  international  law,  a  (lord  a  strong  example  of 


160 


ARGUMENT   OF    THE    UNITED    STATES. 


: 


the  appliciilion  of  the  siime  prirKiiplo.  If  a  port  is  blockaded,  no  neutral 
ship  can  enter  it  for  any  purpose  whatever,  even  for  tlu>  continuance 
of  a  rejj;'ular  and  legitimate  commerce  established  before  the  war  began. 
And  such  ship  is  not  only  prevented  from  enterinj*'  the  port,  on  pain  of 
uaptui'e  and  confiscation  of  vessel  and  <'ar<>d,  but  is  liable  to  be  cap- 
tured anywhere  ui)on  the  high  seas  and  condenuie<l,  if  it  can  be  shown 
<jither  that  the  voyage  is  intended  for  a  brei\ch  of  the  blockade,  or  that 
such  breach  has  actually  taken  place.  An<l,  though  such  is  not  the 
general  rule,  it  is  shown  by  the  decision  of  Lord  StowcU,  before  cited, 
that  if  the  necessities  (»f  a  successful  prosecution  of  the  warrecpiire  it, 
a  belligerent  may  even  interdict  neutral  commerce  with  ports  not  block- 
aded. Admitted  by  that  great  Judge  that  such  a  measure  is  unusual, 
harsh,  and  distressing,  and  not  to  be  resorted  to  without  necessity,  it  is 
nevertheless  held  to  be  Justifiable  when  the  necessity  does  actually 
arise,  though  that  necessity  is  only  for  the  more  etlectual  prosecution 
of  a  war. 

The  same  rule  applies  to  the  conveyance  by  a  neutral  to  a  belligerent 
port,  of  freight  which  is  contraband  of  war,  though  such  freight  may 
not  be  designed  to  be  in  aid  of  the  war,  but  may  be  only  the  continu- 
ance of  a  Just  and  regular  commerce,  before  established.  And  a  vessel 
may  be  captured  anywhere  on  the  high  seas  if  found  to  be  engaged  in 
that  business. 

And  St)  if  a  neutral  vessel  is  engaged  in  the  conveyance  of  belligerent 
dispatches  or  of  passengers  belonging  to  the  military  or  naval  service 
of  a  belligerent,  thougli  the  vessel  so  emph)yed  may  be  a  regular  i)as- 
senger  ship  on  its  accustomed  route  as  a  common  carrier. 

Ilostile  freight  on  a  neutral  ship  has  long  been  held  liable  to  capture. 
If  the  rule  that  the  flag  covers  the  cargo  may  now  be  said  to  be  estab- 
lished, it  is  of  comi)aratively  recent  origin. 

Upon  the  same  principle  has  been  maintained  the  right  of  visitation 
and  search,  as  against  every  private  vessel  on  the  high  seas,  by  the 
armed  ships  of  any  other  nationality.  Though  this  vexatious  and 
injurious  claim  has  been  much  questioned,  it  is  firndy  establislu'd  in 
time  of  war,  at  least,  as  against  all  neutrals.  Says  Sir  William  Scott, 
in  the  case  of  Le  Louis  (2  J>odson,  211) : 

This  right  (of  search),  incommodious  as  its  exercise  may  occasionally 
be,  *  *  *  has  been  fully  established  in  the  legal  practice  of  nations, 
having  for  its  foundation  the  necessities  of  self  defense. ' 


'811)"?  ^[r.  TwisB  (Kiglits  mid  Duties  of  Nations  in  'I'inio  of  War,  eil.  1SG3,  ]).  176): 
"Tke  light  of  viaitiiig  uud  bcurchiiij;  lULichant  sUipa  ou  tUo  MtgU  seus,  ubbcrves 


RIGHT   TO    PROTECT    INTEKKSTS    AND    INDUSTRY. 


IGl 


0  neutral 
tiiiuiiuce 
ill'  began, 
n  pain  of 
o  be  cap- 
be  sliowii 
B,  or  that 
8  not  the 
bro  cited, 
equiie  it, 
lot  bh)ck- 

nnusual, 
*sity,  it  i.s 

actually 
osecution 

elligercnt 
.'ight  may 
L»  coutinu- 
(l  a  vessel 
igagctl  ill 

'lligorent 
il  service 
jular  pas- 
capture, 
be  esiab- 

visitatiou 
IS,  by  the 
iotis  and 
ishcd  in 
am  Scott, 


M  si  on  ally 
f  luitions, 


03,  1).  176): 
IS,  ubbcrves 


It  has  been  snid  that  the  riglit  of  search  is  coulined  to  a  tinu)  of  war. 
That  assertion  proceeds  upon  the  ground  that  only  in  time  of  war  can 
the  necessity  for  it  arise.  Xo  one  has  ever  claimed  that  the  right 
should  bo  deuiecl  in  tiiue  of  peace,  if  an  eipial  necessity  for  it  exists. 
And  when  sucli  necessity  has  been  regarded  as  existing,  the  light  has 
been  asserted.  Prior  to  tlie  war  of  1812,  between  the  United  States 
and  Great  Brit;iin,  the  latter  country  claimed  the  right  in  time  of  peace 
to  search  American  shii)s  on  the  high  seas  for  IJritish  subjects  serving 
as  seamen.  Though  tlie  war  grew  out  of  this  claim,  it  was  not  relin- 
(piished  by  Great  Britain  when  a  treaty  of  peace  was  made.  It  has 
Ijcen  disused,  but  never  abandoned.  Tlie  objection  to  it  on  the  i)art  of 
the  TTuited  States  was  the  obvious  one  that  it  was  founded  upon  no 
just  necessity  or  [»ropriety.  Had  it  been  a  measure  in  any  reasonable 
sense  necessary  to  self-defense  on  the  part  of  (>reat  Britain,  its  claim 
would  have  rested  on  a  very  different  foundation,  and  would  have  been 
supported  by  the  analogy  of  all  similar  eases.  The  right  of  search  is 
exercised  without  (luestion  as  against  private  vessels  suspected  of  being 
engaged  in  the  slave  trade.  And  it  is  very  apparent,  that  as  the  in- 
creasing exigencies  of  international  intercourse  of  all  kinds  render  it 
necessary,  the  principle  that  allows  it  in  time  of  war  will  be  found  suf- 
ficient to  aHow  it  in  time  of  peace.  The  rule,  as  has  been  seen,  grows 
out  of  necessity  alone,  and  must  therefore  extend  with  the  necessity. 

Lord  Aberdeen,  in  a  letter  of  20th  of  r)e(!eird)er,  1S41,  to  Mr,  Everett, 
American  minister  (British  and  Foreign  State  Papers,  vol.  30,  p.  1177), 
claims  the  right  of  visitation  of  vessels  on  high  seas  in  time  of  ])eace, 
lar  enough  at  least  to  ascertain  their  nationality.  And  in  his  dispatch 
to  Mr.  Fox,  says : 

T.nrd  Stowcll  in  tlio  well-known  fiiscoC  tlic,  Swedish  convoy,  wliiitcvcr  1i(>  tlio  sliijiH, 
whatover  lio  the  cMrjroeH,  wliatuvcr  lii;  tint  destinutions,  is  an  inciiiilcstahlo  rij;lit  of 
!lie  lawfnlly  ('oiiinii.ssioncd  ship  of  a  hcliio;eront  nation  ;  hccansf,  fill  they  are  visited 
:ind  searched,  it  does  not  apjiear  what  the  ships,  or  th(>  carjjoes,  or  tho  defltinations 
ire;  and  it  is  for  (ho  ]inr])ose.  of  ascertaining  tliese  points  that  tlie  necessity  of  this 
liv^lit  of  visitation  and  search  exists." 

10 very  vessel  is  hound  to  snhniit  to  visitation  and  search,  ■whether  it  l>o  the  vessel 
III'  a  friend  or  of  an  ally  or  even  of  a  subject;  and  siihinission  may  1m>  compelled,  if 
necessary,  by  force  of  arms,  withont  ^ivinfr  claim  for  any  daniajfe  incurred  thereby, 
if  the  vessel  upon  visitation  should  ho  fonnd  not  liable  to  be  detained.  *  «  * 
ll'  tho  vessel  benetitral,  a  l)ellif><'rcnt  is  entitled  to  ascertain  Ayhether  there  is  a  con- 
iiaband  of  war  or  enemy's  dispatches  or  military  or  naval  ollicers  of  the  enemy  ou 
I'liard. 

■'  If  the  master  of  a  neutral  vessel  resists  by  foroo  (the  right  of  search)  that  is  a 
Rroiind  of  confiscation,  and  couao(iuoutly  of  capture."  (Wildmau's  liighta  of  Ves- 
i-i-N,  chap.  2.  p.  6.) 

14749 11 


d  t 


162 


ARGUMENT    OF   THE    UNITED    STATES. 


;  !• 


That  it  (the  British  (Toverninent)  siiU  miiiiifjiiiis,  iiTid  wouhl  oxorriso 
when  uocessiiiy  it>s  own  right  to  asccrtiiiu  tho  yciiuiiuMii'.ss  4)1"  any  tlag 
which  a  suspected  vessel  niij^lit  bear;  that  if  in  tlie  exercise  oi"  tliis 
right,  either  from  invohmtary  error  or  in  spite  of  every  jjrecaiition,  h)S8 
or  injury  sliouhl  be  sustained,  a  prompt  rei)aration  would  be  afforded; 
but  that  it  should  entertain  for  a  single  instant  the  notion  of  abandon- 
ing the  right  itself  Avould  be  quite  impossible.  (Webster's  Works,  vol. 
0,  i».  3;i4.) 

Mr.  Webster  disputes  this  right,  but  has  to  admit  that  it  does  exist 
wheu  specially  necessary.    He  says: 

That  there  is  no  right  to  visit  in  time  of  peace  except  in  the  execution 
of  revcMnu',  laws  or  other  municipal  regulations,  in  which  cases  the  right 
is  usually  exercised  near  the  coast  or  within  tlie  marine  league,  or 
where  the  vessel  is  Justly  suspected  of  violating  the  law  of  nations  by 
piratical  aggression;  but,  wherever  exercised,  it  is  a  right  of  search. 
(Webster's  Works,  vol.vi ,  p.  330.) 

The  principle  that  thus  subordinates  private  right  to  natioiud  neces- 
sity, is  well  stated  by  Mr.  Manning  (Int.  Law,  chaji.  3,  p.  lio2): 

The  greatest  liberty  which  law  should  allow  in  civil  government,  is 
the  i)ower  of  doing  everything  that  does  not  injure  any  other  person, 
and  the  gi'catest  liberty  which  justice  among  nations  demands,  is  that 
every  state  may  do  anything  tluit  does  not  injure  another  state  with 
which  it  is  at  amity.  The  freedom  of  commerce  and  the  rights  of  war, 
both  iind<mbted  as  long  as  no  injustice  results  from  them,  become  ques- 
tionable as  soon  as  their  exercise  is  grievously  injurious  to  any  inde- 
peiulent  state,  but  tlie  great  difference  of  the  interest  concerned  makes 
the  trivial  nature  of  the  restriction  that  can  justly  be  placed  upon 
neutrals  ai)i»ear  inconsiderable,  when  balan(!ed  against  the  magnitude 
of  tiie  luitional  enterprises  which  unrestricted  neutral  trade  might  com- 
pr(»mise.  That  some  interference  isjustitiable,  will  be  obvious  on  the  con- 
sideration that  if  a  neutral  had  the  ])ower  of  unrestrictted  commerce,  he 
migiit  carry  to  a  port  bloiikaded  and  on  the  i)oint  of  surrendering,  pro- 
visions which  should  enable  it  to  hold  out  and  so  change  the  whole 
issue  of  a  war;  and  thus  the  vital  interests  of  a  nation  might  be  sacri- 
ficed to  augment  the  riches  of  a  single  individual. 

Azuni  carries  the  principle  still  further,  and  holds  that  even  luitional 
rights  should  yield  to  the  rights  of  another  nation,  wheu  the  conse- 
quences to  the  latter  are  the  more  important.  He  remarks  (part  ii, 
chaj).  Ill,  art.  2,  sec.  4,  p.  178) : 

When  the  perfect  right  of  one  nation  clashes  Avith  the  perfect  right 
ot  another,  reason,  justice,  and  humanity  require  that  in  such  case  the 
one  that  will  experience  the  least  damage  should  yield  to  the  other. 

A.ud  Paley,  in  a  striking  passage,  applies  the  same  principle  even  to 
the  obligation  to  observe  treaties,  one  of  the  highest  obligations  known 
to  international  law.    (Moral  Philosophy,  book  6,  chap.  12.) 


RIGHT   TO    PROTECT    INTKRKSTH    AND    INDUSTRY. 


163 


<omso 
ly  tliiR 
)l"  this 

)II,l()SS 

oided ; 
iiiidou- 
ks,  vol. 


BS  exist 


ecntion 
le  right 
»j!;iie,  or 
ions  by 
search. 


il  ueces- 


ment,  is 
person, 
^,  is  that 
ate  with 
s  of  war, 
me  ques- 
ny  iiule- 
iriuakes 
ed  upon 
^iiitiide 
f\\t  (!om- 
itliecou- 
iicrce,  he 
iiig-,  pro- 
10  whole 
he  sacri- 


mational 

le  I'oiise- 

(part  II, 


^ct  right 
[case  the 
lother. 

even  to 
ts  known 


When  the  adherence  to  a  i)ubli(',  treaty  wouhl  enslave  a  wliole  peo- 
jile,  would  block  up  seas,  rivers  or  harbors,  ch-populate  cllies,  coiideinn 
fertile  n-gions  to  eternal  desolation,  cut  olf  a  eoiiiitry  from  its  sources 
of  provision  or  deprive  it  of  those  coniincrcial  advantages  to  which  its 
cliiiuite,  prodii(!tions,  or  coiniiicrcial  situation  iiiiturally  entitle  it,  the 
magnitude  of  the  particular  evil  induces  us  to  call  in  ([uestion  the  ob- 
ligation of  the  general  rule.  Moral  i»hilosophy  liirnishes  no  precise  so- 
lution to  tnese  doubts,  *  *  *  j^ii,.  (((iit'i'sses  that  the  obligation  of 
every  law  depeinls  upon  its  ultimate  utility;  that  this  utility  having  a 
tiiiite  and  determinate  value,  situations  may  be  feigned  and  conse- 
(juently  may  jtossibly  arise,  in  which  the  general  tendency  is  outweighed 
by  the  enormity  of  tlie  itarticular  miscliief. 

In  ill  these  cases  of  restrictions  u])on  private  rights  on  the  high 
seas,  familiar  and  well  settled,  the  principle  upon  which  they  rest  is 
the  same,  the  subordination  of  itulividual  interest  to  that  of  a  natioii, 
when  necessity  requires  it.  Upon  no  other  ground  could  they  be 
defended.  Grotius,  speaking  of  neutral  trade  in  articles  not  usually 
contraband  of  war,  but  used  indiscrimituitely  in  war  and  peace,  such 
as  money,  provisions,  etc.,  says  (book  ill,  ch.  1,  sec.  o): 

For,  if  I  can  not  defend  myself  without  seizing  articles  of  this 
nature  which  are  being  sent  to  my  enemy,  ne<;essity  i^ives  me  the  right 
to  seize  them,  as  we  have  alreaily  explained  elst  where,  under  the 
obligation  of  restoring  them  unless  there  be  some  other  reason  super- 
vening to  prevent  me. 

Mr.  Wheaton,  commenting  upon  this  opinion  of  Grotius,  points  out 
rliat  it  is  placed  by  that  author  entirely  upon  the  ground  of  the  right 
of  self-defense,  under  the  necessities  of  a  particular  case;  that  Grotius 
does  not  claim  that  the  transportation  of  such  property  is  illegal  in 
itself,  or  exposes  the  vessel  carrying  it  to  capture;  but  that  necessity 
nevertheless  justities  in  the  case  in  which  it  actually  arises,  the  seizure 
of  the  vessel  as  a  measure  of  self-defense.  And  he  shows  by  further 
reference  that  it  was  the  opinion  of  Grotius  that  a  necessity  of  that 
sort  exempts  a  case  from  all  general  rules.     (Law  of  Nations,  p.  128.) 

Mr.  Manning  (p.  203)  thus  deiines  the  rights  of  belligerents  as  against 
neutral  commerce: 

"It  consists  merely  in  preventing  vessels  from  interfering  with  the 
rights  of  belligerents,  and  seeking  their  own  emolument  at  the  diiect 
expense  of  one  party  in  the  contest." 

And  Azuni  (part  2,  chap,  ii,  art.  2,  sec.  14,  p.  91)  remarks: 

"The  truth  of  this  theory  (right  of  neutral  trade)  does  not,  however, 
(Itprive  belligerents  of  the  right  of  stopjung  the  commerce  of  neutrals 
with  the  enemy,  when  they  deem  it  necessary  for  their-  owii  defense." 


1G4 


ARGUMENT   OF   TIIK    UNITED   STATES. 


<%. 


|l 


;l  H 


Tlio  illustratioiiM  tluis  cited  are,  casos  ofHucli  cominoii  and  frequent 
oce'Treiuie,  that  the  ruh'S  wliich  i'ontrol  tlieiii  have  become  <\\actly 
fornmhited  by  eourts  of  justice,  as  well  as  by  writers  on  the  subject, 
and  have  passed  by  couiaiou  eonseut  and  usage  into  the  «l()n)uin  of  sot- 
tied  international  law. 

But  nniny  instances  have  occurred  in  tlie  history  of  nations,  excep- 
tional in  their  charactter  and  not  provided  for  uiuh'r  any  {general  rule, 
where  a  similar  necessity  to  that  which  dictated  those  rules  has  reciuired 
an  analojj<ius  a«;t  of  self  defense  by  a  nation,  in  some  particular  case. 
And  snch  protection  has  been  extended,  thronj^ii  botii  lef;islative  and 
executive  action,  by  the  governments  alfected.  (Some  of  these  instances 
may  be  usefully  referred  to,  since  they  are  in  complete  analogy  to  the 
present  case,  except  that,  both  in  resiteitt  to  the  necessity  that  prompted 
them  and  the  importance  of  the  injury  souglit  to  be  restrained,  they  all 
fall  far  short  of  the  exigency  here  under  consideration. 

In  the  valuable  pearl  lisheries  of  Ceylon,  the  British  authorities  have 
long  excluded  all  other  nations  from  particii)ation  in  or  interference 
with  them,  though  these  fisheries  exteiul  into  the  open  sea  for  a  dis- 
tance varying  from  G  to  20  miles  from  the  shore. 

A  regulation  was  enacted  by  the  local  Brltisli  authorities,  of  March 
9,  1811,  authorizing  the  seizure  and  forleiture  of  any  vessel  found 
hovering  on  the  pearl  baidvs  on  the  west  coast  of  Ceylon,  on  water 
of  between  4  and  12  fathoms,  the  same  being  an  area  of  the  open 
sea  extending  00  nnles  up  and  down  the  coast  and  of  variable  width, 
but  distant  about  20  marine  miles  from  the  coast  at  the  farthest  point. 
This  regulation  is  still  in  force.  (Regulations  Xo.  3,  of  1811,  for  the  i)ro- 
tection  of  Pier  Mnjesty's  pearl  banks  of  Ceylon). 

An  ordinance  issued  in  1812  prohibited  the  use  of  any  dredge  for 
fishing  within  the  limits  of  the  pearl  banks,  on  pain  of  forfeiture  and 
imprisonment. 

The  ordinance  of  November  30,  1813,  ])rohibited  the  possession  or 
use  of  nets,  dredges,  and  other  instruments  such  as  might  be  prtyudicial 
to  the  Government  pearl  baid;s,  icithin  12  miles  of  any  part  of  the 
shore  lying  between  two  designated  ])oints.  The  ])enalties  annexed 
were  forfeiture  and  imprisonment.  Suspected  i)ersons  might  be 
searched.  This  regulation  is  still  in  ft)rce.  (No.  18,  1843,  an  ordinance 
to  declare  illegal  the  possession  of  certain  nets  and  instruments  withiu 
certain  limits.) 

The  ordinance  of  November  18,  1890,  prohibited  all  persons  from 


RIGHTS    TO    TROTFX'T    INTKRKSTS    AND    INDUSTRY. 


ICf) 


froqnent 

I  (jxiictly 

subject, 

ill  ot'set- 


s,  cxcep- 
L-ral  rule, 
ie«iuiie(l 
ilur  case, 
itive  and 
instances 
;y  to  the 
prompted 
,  they  all 

ities  liavo 
erl'eience 
or  a  dis- 

of  Marcli 
sel  found 
on  water 
the  open 
e  width, 
est  iioint. 
»r  the  pro- 
red  ge  for 
ture  and 

ossiou  or 
rejudicial 
rt  of  the 
annexed 
iiifjlit  be 
ordinance 
ts  within 

;on8  firom 


flshinj;  for  (!liat<ks.  bi'dicsde  nior,  corals,  or  shells  within  an  area  l.vinpf 
inside  of  a  straii^iit  line  drawn  up  and  ditwn  th(^  coast,  the  ends  bcin;* 
distant '>■/«//<■.'<  //7»/H  ,s7(o(v.  and  tlic  nio-st  remote  point  iiein;;  distant 
nyoY :2()  miles  frnn  .sliorr.  Fort'('itnr(%  line,  atid  iinprisoinnent  were  tUo 
penalties  pres(;rib('d.  This  re,i,nilation  is  still  in  force.  (No.  18,  1800, 
an  ordinance  rehitin,;;"  to  chanks.)  (For  tiopies  of  these  acts,  see  Case 
of  the  United  States,  A  pp..  Vol.  i,  p.  401.) 

An  act  passed  in  1888  by  the  federal  council  of  Australia  exteiuled 
(with  rc-ipcct  to  IJritish  vessels)  the  local  rej^ulations  of  (Queensland 
on  tlie  subject  of  the  pearl  hsheries  to  an  area  of  ojxmi  sea  olf  the  coast 
of  Australia,  varyinj;  in  widtii  from  / '.'  fo  ^50  marine  miles.  Fines,  seiz- 
ures,  and  forfeitures  were  the  penalties  prescribed,     (ol  Vict.,  No.  1.) 

An  act  passiNl  in  188!)  by  the  fedei-al  council  of  Australia  exiended 
(with  respect  to  British  vessels)  tlu;  lo(;al  rei;idations  of  western  Aus- 
traliaon  the  subjecitof  thc^  pear!  lisheries  to  an  area  of  open  sea  olf  the 
northwestern  coast  of  Australia  lyinj^  within  a  i)arallelo<i^ram  of  which 
the  nortinvestern  corner  is  '>00  marine  milos  from  the  coast.  (oU  Vict., 
4th  Feb.,  1889,  Case  of  the  United  States,  App.,  Vol.  i,  p.  408.) 

Similar  restri(!ti(ms  upon  the  pearl  lisherii^s  in  the  open  sea  have  been 
likewise  interjmsed  by  the  Government  of  Colombia. 

A  decree  by  the  fjovernor  of  Panama  in  the  United  States  of  Colom- 
bia, in  18!)(),  prohibited  the  use  of  divinj;?  machines  for  the  collection  of 
pearls  within  a  section  of  the  Gulf  of  Panama,  which  is  between  oO  and 
70  marine  miles  in  width,  and  of  which  the  most  remot*^  point  is  :m  ma- 
rine miles  from  the  main  land.  (Gaceta  de  Panama,  February  0,  1890, 
Case  of  the  United  States,  App.,  Vol.  r,  p.  485.) 

Legislation  of  the  same  character  has  also  taken  jdace  in  France  and 

Italy  in  reference  to  coral  reefs  in  the  open  sea  a?id  outside  the  juris- 
dictional limits. 

The  French  law  of  1804  relating  to  tlu^  coral  fisheries  of  Algeria  and 
Tunis  required  all  tishermeu  to  take  out  licenses  to  fish  anywhere  on 
the  coral  banks,  whi<;h  extend  into  the  Mediterranean  7  miles  from 
shore.  In  addition  to  this  license  all  foreign  lishermen  were  reipiired 
to  take  out  patents  from  the  Government,  for  which  a  considerable  sum 
had  to  be  paid ;  and  by  the  recent  act  of  1888,  foreign  fishermen  are  pre- 
cluded  entirely  from  fishing  within  3  miles  from  shore,  apparently  leav- 
ing the  former  regulations  in  force  with  respect  to  such  portions  of  tho 
coral  banks  as  lie  outside  of  those  limits.  (Journal  Ofliciel,  March  2, 
1888),  (Case  of  the  United  States.  App.,  Vol.  I,  p.  409.) 


I 


16G 


ARGUMENT    OF    THE    UNITED    STATES. 


By  a  ],i\v  (MiiKitoil  iii  Italy  in  1877,  and  a  (leeivc  issued  in  1802,  licenses 
are  rc(iuired  of  all  vess:'ls  opnratinfjf  on  the  eoral  bunks  lying  oil'  tlie 
coast  of  Sardinia,  at  distaiK^es  \vlii(;h  vary  from  V  to  7.7  miles  from  land. 

Under  tiie  rejjulations  there  jireseribed,  the  discoverer  of  a  new  coral 
bed  at  any  point  is  entitled  to  take  possession  of  it,  and  to  identify  his 
discovery  by  m(iaiis  of  a  buoy  suitably  marked,  which  confers  u])on 
him  tlie  privilege  of  work' ng  the  bank  as  a  private  monopoly  for  two 
years. 

Off  the  soutiiwestern  coast  of  oicily  there  are  three  coral  reefs,  situ- 
ated, respectively,  at  a  distance  of  11,  31,  and  32  miles  from  shore. 

The  Italian  law  of  1877  and  decreii  of  1882  extend  to  these,  subject 
to  the  modilications  introduced  by  the  three  following  decrees.  (Otllcial 
Pamplilets,  Xo.  '{70!!,  soiies  2  of  .Mart'  4,  1877;  Xo,  lO'JO,  series  3,  Xo- 
vember  13,  1882.) 

The  decree  of  1877  prohibiten  all  fishing  on  the  nearest  of  the  three 
banks,  viz,  that  situated  14  miles  from  sliore,  and  provided  that  the 
other  two  should  bo  divided  into  sections  which  should  be  lished  in 
rotation. 

The  deci  3e  of  1888  ])rolul)ited  all  operations  on  all  three  banks  until 
further  notice,  in  order  that  the  coral,  ^vliich  was  then  almost  ex- 
hausted, might  be  given  time  to  renew  itself. 

The  decree  of  18!)2  provided  that  llshing  might  begin  again  under 
the  original  regulations  after  the  close  of  the  fishing  season  of  1893. 
(Case  of  the  United  States,  A])]).,  Vol.  I,  j),  470). 

Oyster  beds  in  the  opiMi  sea  have  been  made  the  subject  of  similar 
legislation  in  (^ireat  Jiritain. 

A  section  of  the  British  "  Sea  Fisheries  Act,"  1808,  conferred  upon 
the  Crown  the  right  by  orders  in  council  to  restrict  and  regulate  dredg- 
ing for  oysters  on  any  oyster  bed  within  tnicnty  mUes  of  a  straight  lino 
drawn  between  two  specified  points  on  the  coast  of  Ireland,  "outside 
of  the  exclusive  fisliery  limits  of  the  British  Isles,"  The  act  extends  to 
all  boats  s|)ei'iiieil  in  the  order,  whether  lUitish  or  foreign  (31  and  32 
Vict.,  cli.  I."*,  sec.  (>7;  Cas.j  of  tue  United  States,  App.,  Vol.  I,  ]>.  ir>7). 

The  same  as  to  Icrring  fisheries:  "  Tke  Jlerriiu/  Fisltcry  (iScotlaiifl) 
Act.  1SS!P  confernMl  authority  u  v.n  ^he  Fishery  Board  of  Scotland,  to 
prohibit  certain  modes  of  fishing  known  as  beam  trawling  and  oth<>r 
trawling,  within  an  area  of  the  open  sea  on  the  northeastern  coast  of 
Scotland  over  2,000  S(]uare  miles  in  extent,  of  which  the  most  remote 
point  i^'  about  :{i>  marine  milen  from  land  (52  and  53  Vict.,  ch.  23,  sees, 
0,  7 ;  Case  of  the  United  States,  Ar>p.,  VoL  I,  p.  458). 


RIGHT    TO    PROTECT    INTERESTS    AND    INDUSTRY. 


1G7 


lironses 
^  otr  the 
inn  liuul. 
c\v  coral 
■iitiiy  his 

lilS    ll])011 

f  for  two 

ofs,  situ- 
ore. 

!,  sub) Oct 

(Otlicial 

ies  3,  Xo- 

tlie  three 

that  the 

fished  in 

nlvs  until 
linost  ex- 

in  under 
of  1893. 

)f  similar 

od  upon 
te  dredg- 
i<>lit  line 
"outside 
xtcndsto 
1  and  32 

157). 
Siothnifl) 
)t!;ind,  to 
11(1  otlier 
1  coast  of 
it  remote 
U3,  sees. 


The  taldns  of  seal,  iu  whatever  country  they  have  been  found,  has 
})ccn  in  an  especial  manner  the  subjei;t  of  legislative  and  li-ovcniiiicnlal 
r(',i;'ilation  and  restriction  in  the  opcTi  sea.  Ai.d  in  such  actions  Great 
lUitain  and  Canada  liave  been  conspicuous. 

By  an  act  of  tlie  British  Parli;nncut  ])assed  iu  1803,  the  colony  of  ^cw 
Zealand  was  made  coextensive  witli  tlie  area  of  land  and  sea  bounded 
by  the  followiuj?;  parallels  of  latitude  and  lon<;itude,  viz.,  33^  S.,  o3'^  S.; 
101*'^  E.,  17")''  W.  The  southeasteru  corner  of  this  parallehtj^ram  i.s 
situated  in  the  Pacific  Ocean  over  700  miles  from  the  coast  of  Xew 
Zealand  (LM!  and  li7  Met.,  ch.  23,  se  '..  I'.). 

In  1S7S  the  legislature  of  New  Zealand  passed  an  act  to  protect  the 
seal  fisheries  of  the  (u»lony,  which  i)rovides: 

(1)  For  the  estal)lishmeiit  of  an  annual  close  season  for  seals,  to  last 
from  October  1  to  June  1. 

(•J)  Tiiiit  the  governor  of  Xew  Zealand  might,  by  orders  in  council, 
extend  or  vary  this  close  season  as  to  the  whole  colony  or  n»y  part  thereof, 
for  three  years  or  less,aud  before  the  expiration  of  such  assigned  period 
extend  the  ch)se  season  for  another  three  j'cars.  (See  Fish  Protection 
Act,  1878,  42  Vict.,  No.  43.) 

Under  the  authority  of  this  statute,  a  continuous  close  season  was 
enlbrced  by  successive  orders  in  council,  from  Xovember  1,  iMSl.  until 
December  31,  1880.  These  extreme  measures  were  deemed  necessary 
III  order  to  prevent  the  complete  externiinatiou  of  the  seals  at  an  early 
date.  (See  Eeports  of  Departnu'nt  of  Marine  of  New  Zealand  for  the 
years  1882,  JSXO,  188()-'S7,  1887-88,  1880-'yo.  Also  the  Report  of  the 
U.  S.  Fish  Oonijuission.) 

Auothe,"  act,  passed  iu  18S4,  conferred  additional  authority  upon  the 
governor  in  council  to  make  such  special,  limited,  and  temporary  reg- 
ulations concerning  close  seasoiis  '*  as  may  be  suitable  for  the  irht>lr  or 
iDiy  part  or  imrts  of  this  colony,  etc."  All  seals  or  other  fisli  taken  in 
violation  of  such  orders  were  to  be  forfeited  with  the  imi)leincnts  used 
in  taking  them.    (The  Fisheries  Conservative  Act.  18S1,  47  Vict.,  No.  4S.) 

A  third  act,  even  more  stringent  in  its  terms,  was  passed  iu  1887, 
which  provided: 

(1)  That  the  vicre  possession  of  a  seal  by  any  persmi  during  a  close 
season  should  be  proof,  iu  the  absence  of  satisfactory  evidence  to  tUo 
contrary,  that  it  had  been  ill< gaily  taken. 

(2)  That  all  vessels  taking  or  coutaininy  seals  at  such  times  should  bo 
krfeited  to  the  Crown. 


1G8 


AUGUMENT   OF   THE   UNITED    STATES. 


^i! 


(.'>)  Tliat  tlio  coininuiHlt'r  of  any  public;  vosscl  might  scizo,  S(>aic1i.  and 
takir  any  vessel  so  ofleiidinj^  any  where,  "  witliin  tlie  juiisdictloii  of  the 
govcrniiient  of  the  colony  of  Xew  Zealand." 

In  otli'T  words,  authority  was  conferred  hy  tliese  acts  to  seize  vessels 
for  iileiially  takinj?  seals  over  an  ar<'a  of  the  oi)en  sea  e\teiidin,u  at  the 
furthest  point  Too  iiiilcs  from  the  coast;  and  tlie  .iioveriinieiit  of  X<nv 
Zealand  has  since  kept  a  cruiser  actively  employed  in  niforciiii;' these 
regulations.  (The  I'isheries  Conservative  Act,  ISST,  Al  Viet.,  No.  l.'7; 
]{ep.  of  IT.  8.  Fish  Com.;  Case  of  the  United  States,  Ai)p.,  Vol.  i.  ]>.  MO.) 

An  ordiiian(5e  of  the  Falkhmd  Fslands,  passi'd  in  ISSl.  established  a 
close  season  for  the  islands  and  the  surrouiulinji'  waters,  from  October 
to  April  in  each  year.  Two  of  the  islamls  lie  US  miles  a])art.  and  this 
regulation  is  eidbrced  iu  the  oi)eii  sea  lying  Ix'tween  them.  (Hep.  of 
IT.  S.  Fish  ('om.;  atlidavit  of  Capt.  Uuddington;  Case  of  the  Uniteil 
States,  A  pp..  Vol.  J,  ]).  iHn.) 

The  N'ewfoundland  Seal  Fishery  Act,  18()l>.  passed  in  April  of  that 
year  by  the  legislature  of  that  country,  ])rovides: 

(1)  That  no  seals  siiall  be  kilh'd  in  the  seallishing  grounds  lying  off 
the  islaiul  at  any  period  of  the  year,  e.\ce])t  between  .March  It  and 
A])ril  -(».  inclusive,  and  that  no  seal  so  caught  shall  be  l>rought  within 
the  limits  of  tin;  colony,  under  a  penalty  of  .Si,'*!*!)  in  eitluM'  instance. 

{]!)  That  no  sjcaniei'  shall  leave  any  port  of  the  colony  for  the  seal 
fishei'ies  l)cf(»i'e  si\'  o'clock  a.  m.  on  March  IL',  under  a  jienalty  of  8~>,000. 

(.'})  That  no  steamer  shall  proceed  to  the  seal  fisheries  a.  second  time 
in  any  one  year,  unless  obliged  to  return  to  ])ort  by  accident. 

This  acit  extends  and  eidarges  the  scope  of  a  previous  act,  dated 
February '2i;,  l.S7!>,  which  contained  sindlar  provisions,  but  with  smaller 
penalties,  and  also  the  provision  which  is  still  iu  Ibrc'c,  that  no  seal 
shall  be  caught  of  less  weight  than  28  pounds.  (.")5  Vict.,  Case  ol'  the 
United  States,  App.,  Vol.  I,  p.  \V2.) 

The  seal  lisherjcs  of  Greenland  were  the  subject  of  concurrent  legis- 
lation ill  1875,  187(i,  and  1877  by  England,  Norway,  Sweden,  Denmark, 
and  Netherlands,  which  prohibits  all  llshing  ibr  seals  by  the  inliabi- 
tants  of  those  eountrit's  bclbrc  April  .'!  in  any  year,  within  an  area  of 
the  open  sea  bounded  by  the  following  parallels  of  latitmle  and  longi- 
tude, viz.  (57°  :N.,  7.")  ^^  ^'.,  r>o  E.,  17  >  \v.  (Ibitish  and  iM.i'cign  Slate 
Papers,  vol.  I,X\,  pp.  ;5(;7,  'MM,  513;  vol.  LXXIII,  pp.  '2S2,  2S;!,  708. 
*'The  Seal  I'ishery  A  't,  1875,"  38  Vict..  <-ai>.  IS.) 

Uudcr  the  law  of  Uruguay  the  killing;  of  seals  on  the  Lobos  .uid 


EIGHT    TO    TROTECT    INTERESTS    AND    INDUSTRY. 


1G9 


othor  islands  "  in  that  i)ait  of  the  ocean  adjacont  to  the  departnKMits 
iif  Mahh)iiadi)  aiKl  llucha  "  is  sccnrcd  to  ('ontiactors,  who  i)ay  to  the 
(Jovoriiment  a  license  ice  and  dnty.  (Acts  of  -Inly  2.'?,  IS,")!,  and  dune 
L'S.  IS.'is.  Caraiia,  vol.  i,  pp.  4U)  and  44S,  Dijicst  of  Laws.  Appendix 
l(.  file  Case  of  the  Inited  8tates,  Vol.  T,  p.  418.) 

IJy  the  law  ot  KMissia,  the  whole  business  of  the  pursuit  of  seals  in 
the  \\'liite  Sea  and  Caspian  Sea.  Imtli  as  to  time  and  manner,  is  rejju- 
l.ilcd.  and  all  killinji' of  the  seals  except  in  pursuance  of  such  I'cs'ula- 
tioiis  is  prohibited.  (Code  of  Russian  Laws  Covering  Kural  Industries, 
vol.  Ml,  part  II.  Aiipendix  to  the  Case  of  the  United  States,  Vol.  J, 
)..  4  1.-..) 

'I'lic  linn  and  resolute  recent  action  of  the  Eussian  C.overmnent  In 
]trolnl)itiMj^  in  the  o])en  sea,  near  the  Commander  islands,  the  same 
dei)redations  upon  the  seal  herd  that  are  <'oini)lained  of  by  the  Cidted 
States  in  the  present  case,  ami  in  capturinji;  the  Canadian  vessels  en- 
;^a.i;<  (1  in  it,  is  well  kn(»\vn  and  will  be  universally  appro\'ed.  That 
(ileal  I'.rilain,  stron;-'  and  fearless  to  defend  her  lijihts  in  eveiy  (]uarter 
of  I  he  .n'lobe,  will  send  a  fleet  into  those  waters  to  mount  .ynard  over 
tlir  extermination  of  the  liussian  seals  by  tlie  slaufjhter  of  i)refjnant 
and  luirsinti'  lemales,  is  not  to  be  reasonably  expe<'ted.  The  workl  will 
see  no  war  between  (inat  Britain  and  Eussia  on  that  score. 

Tlie  ••lioverinu'  acts"  of  the  British  Parliament  and  of  the  American 
Conjiiess  have  already  been  inentionc<l.  These  hovering  acts  were 
enacred  in  I'^iiiiland  in  i7;U»  and  in  the  I  Tinted  States  in  1  7!>',».  jiiid  pro- 
hibited t  lie  transhipment  of  f>oods  at  sea  within  4  leafjues  or  12  miles 
of  the  coast.     Fine  an<l  forfeiture  were  the  prescribed  penalties. 

The  Kn<ihsh  act  prohil)ited  any  forei^iii  vess(d  havinj^  on  board  tea 
or  s])irit.>i  from  "hoverinii'"  within  3  Irdf/ncs  <»•  li  miles  of  the  (!oast. 

Tlie  Ameiican  a<'t  authorized  the  otticers  of  revenue  cutters  to  board, 
search,  examine,  and  remain  on  board  of  all  iiicondnt!:  vessels,  domestic 
or  I'orei.un,  when  w  it^liin  /  hitijucn  nr  Ix'  inihx  of  the  coast.  (0  (ico.  II, 
eh.  ;i.j;  U.S.  iJev.  Stat.,  sees.  1*7(10,  ^.^h,  2S(i8;  Case  of  th«  United 
Slates,  App.,  Vol.  I,  p.  4tK5.) 

The  French  Ief>ilatioii,  wliich  is  in  ♦■tTect  similar  to  the  English  and 
American  hovering  acts,  has  also  been  b«*fore  alluded  to.' 

The  British  act  in  refereiiee  to  vessels  clearing  from  infiH'ted  ports 
has  also  been  referred  to,  which  reipured  all  vessels  eoiiiiiig  from  plague- 


'  For  tlie  Bubstauco  of  tLcbu  acta,  an  statod  by  M.  Cresp,  see  Appeudix,  infra, 
page  189.  -^ 


170 


ARGUMENT    OF    THE    UNITED    STATES. 


-H 


stricken  i)lncos  to  iiiiikc  sionals  on  meeting  otlier  ships,  4  leagues  from 
coast.     (L'O  Geo.  11,  Cli.  — .) 

Anotlier  act  establishes  2  leajjues  from  the  coast  as  the  distance 
within  which  ships  are  amenable  to  tlie  British  (ptarantine  regula- 
tions.    (0  Geo.  1\',  ch.  TS.) 

Another  act  of  the  British  ]\nliament  affords  a  consi)icnons  instance 
of  ft  control  exercised  over  the  high  sea,  for  a  hmg  distance  outside  the 
utmost  boundary  of  a  littoral  sea,  as  a  means  of  a  defense  against  a 
special  danger  then  thought  to  exist.  It  was  ])assed  and  enforced  for 
the  ])uriiose  of  preventiug  the  escape  of  the  Emperor  2sapolcon  when 
conlincd  on  the  island  of  St.  Helena. 

This  act  authorized  tlie  seizure  and  condemnation  of  all  vessels  found 
hovering  within  ^'  kaf/iics  or  M  miles  of  the  coast  of  St.  Helena  during 
the  captivity  of  Xai)oleon  Bona])arte  on  the  island,  reserving  to  ships 
owned  exclusively  by  foreigners  the  i)rivilege  of  lirst  being  warned  to 
depart  before  tlicy  could  legally  be  seized  and  condemned.  (OG  Geo. 
HI,  ch.  2;};  Case  (»f  the  Onited  States,  App.,  vol.  1,  p.  49.1.) 

A  still  more  extensive  and  very  recent  assumption  of  dominion  over 
the  sea  for  defensive  and  iiscal  i>urposes,  is  to  be  found  in  an  act  passed 
by  the  Icgishiture  of  Queensland  on  June  24, 1S70,  which  annexed  to 
that  country  all  the  islands  lying  (»ft"  the  northeastern  coast  of  Austra- 
lia, within  a  delined  limit,  which,  at  its  furthest  point,  extends  250 
miles  (mt  to  sea. 

The  boundary  thus  adopted  includes  nearly  the  whole  of  Torres 
Strait,  a  body  ol'  water  (>(>  miles  in  width,  separating  Australia  from 
New  Guinea,  and  forming  the  connecting  link  between  the  Pacific  and 
Indian  octans. 

Under  the  authority  of  this  Annexation  Act,  the  Government  of 
Queensland  has  exercised  eomitlete  police  jurisdiction  over  the  Strait, 
has  suppressed  the  traflie  in  li([Uor  in  the  objectionable  foim  in  which 
it  formerly  prevailed,  and  has  (h>rived  from  the  tralllc  as  since  restrict- 
ed, a  large  re\cnue  through  the  medium  of  customs  duties.  (4.'i  Vict,, 
ch.  1.  Jicj).  U.  S.  Fish  Com.  See  ''(Jold-Gems  and  Pearls  in  Ceylon 
and  Southern  India,"  by  A.  M.  &  I.,  1888,  p.  2'JO.)  (Case  of  the 
United  States.  App.  ^'ol.  1,  p.  4(57.) 


An  efToit  is  niad<'  in  I  lie  Iliitisii  counter  case  to  diminish  the  force  of 
the  variotis  statutes,  legulations  and  decrees  above  cited,  by  the  sug- 
gestions that  they  only  take  elVeet  within  the  nmnicipal  jurisdiction 
of  the  countries  where  they  are  promulgated,  and  upon  the  citizens  of 


RIGHT  TO  PROTECT  INTERESTS  AND  INDUSTRY. 


171 


tliose  countries  outside  the  tonitoiial  limits  of  such  Jurisdiction.  In 
tiu'ir  strictly  IcjiJil  cliai  iictor  as  statutes,  this  is  true.  Xo  authority  need 
htive  been  ])rodm'ed  on  tliat  ])oint.  IJut  tlie  disiinctiou  has  already 
been  jminted  out,  Avliich  attends  tlie  opeiation  oi'  such  enactments  for 
such  purpose:^.  Witliin  the  territory  where  they  prevail,  and  upon  its 
subjects,  they  are  biiulinji:  as  statutes,  wherher  reasonable  and  neces- 
sary or  not.  A\'itliout.  they  become  (leOiisive  rejjulatioiis,  mIucIi  if 
they  are  reasonable  and  necessary  for  the  defense  of  a  national  inter- 
est or  rifi'ht,  will  bo  submitted  to  by  other  natious,  and  if  not,  may  be 
enforced  by  the  governmeTit  at  its  discretion. 

Otherwise  tluiir  elfect  would  be  to  exclude  the.  citizens  of  the  coun- 
try in  wliich  they  are  enacted  from  a  use  of  the  marine  products  it  is 
seeking  t'o  defend,  which  is  left  open  to  the  inhabitants  of  all  other 
countries,  thus  leaving"  those  i)roducts  to  be  destroyed,  but  excluding 
their  own  people  from  sharing  in  the  jirolits  to  be  made  out 
of  the  destruction.  Will  it  be  contended  that  such  is  the  result 
that  is  either  contemplated  or  allowed  to  take  place  by  the  govern- 
ments which  have  found  it  necessary  to  adoi)t  such  restrictions"? 

It  would  be  nuich  more  to  the  purpose  if  it  could  be  shown  either 
that  any  nation  had  ever  protested  against  or  challenged  the  validity 
of  any  of  these  regulations  outside  the  territoiial  line,  or  that  any 
individual  had  ever  been  permitted  to  transgress  therewith  impunity. 
In  the  case  of  ary  of  the  statutes  of  Great  Britain  and  her  colonies 
that  have  been  referred  to,  if  any  enterprising  poacher,  armed  with  an 
attorney  and  a  battery  of  authorities  on  the  sidjject  of  the  exten  of 
statute  jurisdiction,  should  attempt  the  extermination  or  oven  the 
injury  of  the  protected  products,  in  defiance  of  the  regulations  pre- 
scribed, lie  would  s])eedily  ascertain,  without  the  assistance  of  an 
international  arbitration,  that  he  had  made  a  mistake,  and  that  to 
succeed  in  his  undertaking  ho  would  need  to  be  back^'d  u])  by  a  tleet 
too  strong  for  Great  Britain  to  resist. 

In  the  light  of  this  accumulation  of  authority  and  prec«'dojit.  drawn 
from  every  source  through  wiiich  the  sanction  of  internatittnal  law  can 
be  derived  or  the  general  assent  of  mankind  expressed,  wlnit  more 
need  be  sai<l  in  elucidation  of  the  grounds  ujtou  which  this  brainh  of 
the  case  of  the  United  States  reposes?  Ilave  we  not  clearly  established 
the  proposition,  that  iIh^  dominitm  over  the  sea,  once  maintained  by 
maritime  nati«vHs,  has  been  surreiidcrcd  only  solar  astoi)ermit  such 
private  use  as  is  neither  touipvn aiily  nor  pcrmaueutly  injurious  to  Ilia 


r 


172 


ARGUMENT  OF  THE  UNITED  STATES. 


iin])orr!iiit  inid  just  interests  of  those  nations,  and  that  as  against  such 
in.jniy.  'lowever  occasioned,  the  rijjht  of  defense  lias  always  been  pre- 
i^erved.  ind  lias  always  been  asserted  on  the  hiyh  sea,  and  even  n])on 
foreijiii  territory.  It  Avill  bo  seen,  Ave  respectfully  snbniit,  that  this 
case  jjresents  notiiiiiij;  new,  except  the  particular  circumstances  of  the 
ap]>lieati(in  ol'  an  universal  and  necessary  principle  to  an  exigency  that 
has  not  arisen  in  this  ]»recise  form  before. 

The  steadfast  advances  which  the  law  of  nations  has  made,  from  the 
days  of  its  rudiments  to  the  ]>resent  tiuu',  aiul  which  still  must  con- 
tinue to  be  made  through  all  time,  has  been  and  jnust  always  be  by 
the  process  of  analooy,  in  the  application  of  fundamental  ])rinciples, 
from  which  the  rules  of  all  new  cases  as  they  successively  and  c(m- 
stantly  ai  ise  must  be  deduced.  Neither  this  nor  any  other  system  of 
human  law  can  stand  still,  for  it  must  perish  unless  it  kee])s  ]>ace  with 
the  vicissidides  of  society,  and  meets  adequately  all  the  new  emer- 
gencies and  re(piirements  which  they  from  time  to  time  i)roduce.  Law 
lias  its  roots  in  the  i)ast,  but  its  elUcacy  must  take  place  in  the  present. 
Says  Jlr.  Phillimore  (Int.  Law,  vol.  1,  sec.  39): 

Aualocry  has  great  iiilluence  in  the  decision  of  international  as  well 
as  municiital  tril)unals;  tliat  is  to  say,  the  applicatio?i  of  the  princii)Ie 
of  a  rule  which  has  been  adopte*!  in  certain  former  cases,  to  govern 
others  of  a  similai'  charactei'  as  yet  undetermined. 

Analogy  is  tiie  instrument  of  the  progress  and  development  of  the 
law.     (l>owyer\s  Ifeadings,  ]».  SH.) 

If  a  ])recedent  arising  ui)()n  the  same  facts  is  not  forthcoming,  it  is 

only  because  there  is  no  precedent  for  the  conduct  eom])lained  of.   The 

same  right  was  never  before  invaded  in  the  same  way.     That  does  not 

take  the  case  out  of  the  operation  of  the  principle  ui)on  which  all 

precedents  in  analogous  incidents  depend,  and  it  applies  with  the  same 

force  to  evciy  case  that  arises  svithin  its  scope.  The  particular  precedent 

is  created  when  the  necessity  for  it  ai)penrs.    The  absence  of  it  when 

the  necessity  jms  nevei'  arisen,  proves  nothing.     The  only  inquiry  is 

whether  the  case  ronies  witliin  the  general  rule. 


But  Mc-re  ii  |(OSsible  to  regard  the  present  case  as  in  any  res])ecv  out^ 
side  tl»<  scope  of  riiics  hitherto  established,  its  determination  Avould 
then  If  remitted,  to  tlinse  Inojider  considerations  of  moral  right  and 
justice  which  constitute  tin  foundation  of  international  law.  It  is  the 
applicati*rii  of  those  canlinid  ]U'in<'i|>les  that  must  control  every  ♦•ase  of 
new  impression  that  can  ai'ise  between  nations.    The  law  of  nations 


RIGHT    TO    PROTECT   INTERESTS    AND    INDUSTliY. 


173 


has  no  otlior  .source  than  that,  except  in  its  (•(tiiveiitioiialities.  Sir  11. 
I'liillimore,  in  Queen  i\  ivehn  {s>i[)ra,  p.  (»S),  remarks  in  respL'(;t  to  such 
a  case : 

Too  rudinuMital  an  inquiry  nuist  be  avoided,  but  it  nnist  be  roinom- 
l)ered  tiiat  tlie  east'  is  one  of /*/'//yja' /»//;rr.s'.v/('///.v.  of  the  .yrcatesr  im- 
portance l)()th  to  l']n<j;l;ind  and  to  otlier  states,  and  tiie  cliaiactcr  ol"  it 
in  some  deuree  necessitates  a  reference  to  lirst  principles.  In  tho 
inemorabh".  answer  ijronouiiecd  by  >b>ntes(inieii  to  l)e  n'pinisf  .s<(iih 
ri'i)li({nr,  ami  framed  liy  Lord  .Manslicld  and  Sir  (ieorye  Lee,  of  tlio 
lUitish,  to  tlic  Prussian  (irovenniient:  '"'rhe  law  of  nations  is  said  to 
be  founded  ujion  justice,  (Mpiity,  convenience,-  and  the  reason  of  tlio 
tiling,  and  coidirmed  by  long  usage. 

Chancellor  Kent  says  (I  Ooiuinentaries,  p.  32): 

As  tho  end  ef  the  liiw  of  nations  is  the  happiness  ainl  perfection  of 
the  geiK'ral  society  of  inaidcind,  it  enjoins  upon  every  nation  flie  punc;- 
lnnloi)servanee  of  i)enevolen.'e  and  goodwill  as  Wflia>  of  jirstiec  towards 
its  lU'iglibors.  Tliis  is  e((ually  the  i)oIiey  and  the  duty  of  nations. 
*  *  *  (j).  LSI).  The  law  of  nations  is  placed  under  tlH>,  protection  of 
l)ul)lic  oi)iid(Ui.  *  *  *  Its  great  I'undain'-iital  principles  are  founded 
in  the  maxims  of  eternal  truth,  in  the  iiamiitable  law  of  nH)ral  obliga- 
tioJi,  and  iii  the  suggestions  of  eidightened  public  interest.' 

Many  authorities  on  this  point  have  been  presented  in  a  form(>r 
branch  of  this  argument.  They  might  bo  nuiltiplicd  to  an  indeliidto 
extent,  as  well  from  continental  as  from  Knglish  and  American  writers 
and  judges.  Liut  apology  should  rather  be  oll'ered  for  citing  any 
authority  at  all,  upon  a  proi>ositiou  so  tundamental  and  so  obvious. 

It  is  with  tho  greatest  respect  submitted,  and  in  our  jndgnu'ut  it 


'  Says  Judge  Story  (Con.  of  I/aws,  s(>c.  IJ) :  "In  ri'stiiii;  on  thi'  li;isi.s  of  gem  nil 
roiivt'iiiciiic  imtl  tlio  eiiliirn'cd  sense,  of  niitioM;il  <hily,  rules  liavo  IVoni  time  to  tinio 
been  proiniilnate.'.  by  Jniists  ;iiiil  suipporti'il  liy  (joints  of  Justice  by  a  edursu  of  Judi- 
cial I't'asoiiiny;  wliieli  lias  comiiiaiidod  almost  nniversal  coiitideuee,  respi^ct,  and  obedi- 
ence, without  the  aid  cither  of  luuniciiial  sl;it  iitos  or  of  royal  ordin;inces,  or  of  iuler- 
national  treaties." 

Jlr.  'I'wiss  ( Int.  r^aw.  part  1,  see.  8ti),  divides  the  sources  of  law  of  nut  ions  as  follows: 
''The  natural  or  necessary  law  of  nations,  in  wiiich  flie  ])riniiples  of  natural  Justico 

are  ai)plieit  to  the  iiitoreourse  between  states;  s.'conilly,  ciisi ary  law  of  nations 

wliich  embodies  those  usages  whi(di  tho  couliuue<l  habii  of  nations  has  sanctioned 
liir  I  heir  mutual  interest  and  convenienci',  ami  thirdly,  t  he  (■■mn  iiliimitl  or  ilijiloiiidtio 
law  of  nations.  »  »  *  l.'nch'i'  tliis  jasi  iiead  many  regulations  will  now  be  found 
wiiich  at  tirst  resulted  fr<un  custom  or  a  ^cncial  scn-e  of  jiisdce." 

Mr.  Amos,  in  \i\h  noti-  to  Manninsi-  ("bixd;  _',  chap.  1,  ji.  S.")-,  remaiks:  "Tiionnh 
tlio  eiistomary  nsanes  ot'  stales  in  their  miitnal  intercourse  must  always  lie  hehl  tf> 
al''')rd  evidence  of  implied  assent,  and  to  eonriuic  to  be  a  mean  basis  of  n  ^truetnro 
of  the  law  of  nations,  yet  there  are  several  (drc  itmsiaincs  in  modern  society  wliiidi 
seem  to  iudieate  that  the  reijion  of  the  intlueni'c,  will  becoiiie  in<Tea-^inu;ly  restricted 
as  cotiipared  with  that  of  the  iutiiieuee  of  wellasuortaiued  ethical  piineiplcs  anil 
t'oriuul  couveutiou." 


mp 


174 


ARGUJILNT   OF    THE    UNITED    STATES. 


']  r 


i.l 


;  1 


cfiii  not  be  too  cUiurly  kept  in  view,  tliat  the  dnty  recinested  of  this  High 
TribuTiiil  is  not  the  discussion  of  abstnict  tiieories,  nor  tlie  establish- 
ment of  propositions  ai)plicabU}  to  cases  not  before  it,  nor  the  determi- 
nation of  dii»lomatie  controversies  that  liave  h)nj?ceased  to  be  material 
The  question,  and  the  only  question  to  be  de(!ided,  is  whether  the  own- 
ers of  tiie  Canadian  vessels  en<;aj;ed  in  the  destruction  of  the  seals  in 
Jiering  Sea,  have  an  indefeasible  right  as  against  the  Government  of 
the  United  States,  upon  the  circumstances  of  this  case,  to  continue  such 
destruction,  at  the  times,  in  the  places,  in  the  mannei,  and  with  the 
consecpicuces  shown  by  the  evidence.  That  question  is  neither  tech- 
nical nor  scholastic,  nor  does  itdei>endupon  finespun  reasoning  or  rec- 
ondite learning.  It  is  to  be  regarded  in  the  large  and  fair-minded 
view  which  acicords  M'ith  the  dignity  of  the  parties  to  this  controversy, 
the  character  of  the  Tribunal  to  which  the}'  liave  submitted  it,  and  a 
just  deference  to  that  opinion  of  civilized  mankind  which  is  tlie  ulti- 
mate criterion  of  international  law,  and  the  final  arbitrator  in  all  inter- 
national disputiis.  Surveyed  in  this  light,  ui)on  its  Just  and  actual 
fiicts,  and  looking  at  it  as  it  stands  ai)parent  to  the  world,  what  are  its 
proposals,  when  fairly  and  simply  stated?  Let  the  leading  facts  before 
stated,  be  recapitulated. 

Here  is  a  herd  of  am]>hil)ious  animals,  half  h  iman  in  their  intelli- 
gence, valuable  to  maidciiul,  almost  the  last  of  their  species,  Avhich  from 
time  imniemorial  have  established  their  home  with  a  constant  ««('>« »« 
revcrtendi  on  isliinds  once  so  remote  from  the  footsteps  of  man,  that  these, 
their  only  denizens,  migiit  reasonably  have  been  expected  to  be  per- 
mitted to  exist,  and  to  continue  the  usefulness  for  which  the  benefi- 
cence of  the  Creator  designed  them.  Upon  these  islands  their  young 
are  begotten,  brought  forth,  nurtured  during  the  early  months  of  their 
lives,  the  land  being  absolutely  necessary  to  these  processes,  and  no 
other  land  having  ever  been  sought  by  them,  if  any  othor  is  in  fact 
available,  which  is  gravely  to  be  doubted. 

The  Russian  and  United  States  Governments,  successively  proprie- 
tors of  the  islaiuls,  have  by  wise  and  careful  supervision  cherished  and 
protected  this  herd,  and  have  built  uj)  from  its  produ(!t  a  ])ermanent 
business  and  industry  valuable  to  themselves  and  to  the  world,  and  a 
large  source  of  public  revenue,  and  which  at  the  same  time  preserves  the 
animals  from  extinction,  or  from  any  interference  inconsistent  with  the 
dictates  of  humanity. 

It  is  now  i)roi)osed  by  individual  citizens  of  another  country,  to  lie 


RIGHT    TO    I'KOTKCT    IXTKUI'.STS    AND    IXDUSTRY. 


175 


in  wait  for  those  animals  on  the  adjacent  sea  dniin;;-  the  season  oTre- 
]>n»(lii(tti()n,  and  to  <lestn>y  the  pic^^naut  leiiialcs  on  their  way  to  tiie 
islan<ls,  tlie  niirsinn'  niotliers  after  dclivciy  wliile  teini)orarily  olf 
tile  islands  in  piusnit  of  food,  and  tliei('l)y  the  youn;^'  left  there  to 
starve  after  the  mothers  have  been  slanjihtered;  tlu^  unaxoidable  re- 
snit  l)ein.i>'  tlie  extermination  of  the  wliole  race,  and  the  destrnction  of 
tlie  valnal)!(^  interests  tiierein  of  tlie  United  States  {Jovernment  and  of 
inaid<iiid;  and  tlie  only  objeet  being  the  small,  unefitain,  and  temporary 
pi'olits  to  be  derived  while  the  process  of  destruetiou  lasts,  by  the  indi- 
viduals concerned. 

And  it  is  this  conduct,  inhuman  and  barbarous  beyond  the  power  of 
description,  criminal  by  the  laws  of  tlie  United  States  and  of  ev(^ry 
civilized  country  so  far  as  its  municipal  Jurisdiction  extends,  in  respectt 
to  any  wild  animal  useful  to  man  or  even  ministering  to  his  harmless 
pleasure,  that  is  insisted  upon  as  a  part  of  the  sacred  right  of  the  freedom 
of  the  sea,  which  no  nation  can  repress  or  defend  against,  whatever  its 
necessity.  Can  anything  be  added  to  the  statement  of  this  proposition 
that  is  necessary  to  its  refutation  1? 

What  precedent  for  it,  ever  tolerated  by  any  nation  of  the  earth,  is 
jnoduced?  From  what  writer,  Jiulge,  Jurist,  or  treaty  is  aiitlioiity  to 
be  derived  for  the  assertion  that  the  high  sea  is  or  ever  has  been  tree 
for  such  conduct  as  this,  or  that  any  such  construction  was  ever  before 
given  to  the  term  '•  freedom  of  the  sea"  as  to  throw  it  open  to  the 
destruction,  for  theprcttit  of  individuals,  of  valuable  national  interests 
of  any  description  whatever?  Let  those  who  claim  to  set  ii])  such  a 
right  as  Justified  by  any  known  law  of  nations,  produce  the  authority 
or  the  precedent  to  establish  it. 

If  this  proposal  were  submitted  to  the  enlightened  Judgment  of  man- 
kind, if  the  question  of  its  acceptance  were  made  to  depend  upon  tliose 
considerations  ofjustice,  m<y "ality,  humanity,  benevolence,  and  fair  deal- 
ing that,  as  we  have  seen,  form  the  groundwork  of  international  law, 
and  of  all  usages  under  it  that  liave  become  established,  it  can  not  be 
open  to  doubt  Avhat  the  answer  to  it  must  be.  Tliere  can  bo  but  one 
>ide  to  such  an  inquiry,  if  ideas  of  right  and  wrong,  or  even  of  sound 
policy,  are  to  prevail.  To  escape  that  result,  some  arbitrary  and  inllex- 
ihle  rule  of  controlling  law  must  be  discovered,  against  which  Justice, 
morality,  and  fair  dealing  are  powerless.  We  deny  that  any  such  rule 
inrma  a  part,  or  can  ever  be  i)ermitted  to  form  a  part,  of  any  recognized 
-system  of  international  law. 


17G 


ARGUMENT    OF    TIIK    UNITKl)    STATES. 


'li  ut"  wliicli,  slioiiM  it 


>ultl 


Many  casos  iriiiy  bo  supposed,  oacii  ui  wiiicii,  siioiiid  ir  arise,  woi 
be  ill  its  particular  I'acts  a  new  case,  in  illustratidii  of  tlic  pr(»i)nsitiou 
I'or  wliicli  we  ('onfend.  Supi»ose,  tiiat  some  iiietiiod  ot  explosive  destruc- 
tion siiould  be  discoviu'ed  by  which  V(!ss(ds  on  the  seas  adjacent  to  the 
Newtbundlaiul  coast  outside  of  the  Jurisdictional  line  could,  with  jjiolit 
to  themselves,  destroy  all  the  lish  thatresort  to  thost!  coasts,  and  so  put 
an  end  to  the  whole  lishin<;'  industry  upon  whi<rh  tiieir  inhai»itants  so 
largely  depend.  Would  this  be  a  business  that  would  be  liehl  Justili- 
ablo  as  a  part  of  the  freedom  of  the  sea?  allhouiuli  (he  lish  are  ad- 
mitted to  l»e  purely /t/v(!  iKifunv,  -.iiul  the  jicncnil  right  of  lishin^' iu 
the  open  sea  outside  of  certain  lindts  is  not  denied. 

An  Atlantic  cable  has  been  laid  between  America  and  Great  Britain, 
the  operation  of  which  is  important  to  th(tsecountri(vs  and  to  the  world. 
Snp|>ose  some  method  of  deep-sea  lishinj;'or  marine  exploration  should 
be  invented,  luotitable  to  those  enyajicd  in  it,  but  which  should  inter- 
ru]>t  the  operation  of  the  cable  and  perhai>s  en(hinger  its  existence. 
Would  those  nations  be  powerless  to  defend  tln^mselves  iijuainst  such 
conse(|uences,  because  the  act  is  perpetrated  upon  the  hiyh  sea? 

Suppose  vessels  beh)nyin<;-  to  citizens  of  one  country  to  be  enpiged 
in  transportinf?  for  hire  across  the  sea  t(»  ports  of  iinother,  emij^rants 
from  phigue-stricken  and  infected  places,  thuscan\iii<;'  into  those  ports 
a  destructive  eonta/^ion.  If  it  shouhl  be  found  that  measures  of  de- 
fense inside  of  the  three-mile  or  cannon-shot  lines  were  totally  inade- 
quate and  inetlectual,  would  the  nation  thus  assailed  be  deprived  of 
the  power  of  defendin<;'  itself  af>ainst  the  approach  of  such  vessels,  as 
far  outside  that  line  as  the  actual  necessity  of  the  case  niiyiit  rec^uire? 
This  (juestion  is  answered  by  the  acts  of  the  British  Parliament  before 
referred  to,  applicable  to  Just  sucli  a  case. 

If  a  light-house  were  erected  by  a  nation  in  waters  outside  of  the  3- 
niile  line,  for  the  benefit  of  its  own  commerc-e  and  that  of  the  world,  if 
some  pursuit  for  gain  on  the  adjai-ent  high  sea  sliould  be  discovered 
which  would  obscure  the  light  or  endanger  the  light-house  or  the  lives 
of  its  iiunates,  would  that  government  be  defenseless  ?  Lord  Chief  Jus- 
tice Cockburn  answers  this  inc^uiry  in  the  case  of  Queen  r.  Kehn  above 
cited  (i».  108)  when  he  declares  that  sui-h  encroachments  upon  the  high 
sea  would  fcn-m  a  part  of  the  defense  of  a  country,  and  "conu'  within 
the  principle  that  a  nation  may  do  what  is  necessary  for  the  protection 
of  its  own  territory." 

lu  any  of  these  cases,  would  it  bo  necessary  for  the  nation  assiilled 


KKillT    TO    TKOTECT    INTEIIIISTS    AND    IN'DrsTUV. 


177 


to  snpplicMto  tlio  j?()veriiineiit  to  wliich  its  ivssail;iiits  bi'l(»iij;('(l,  to  pre- 
vent the  iniscliicf  coiiiitlaiiKMl  of,  ns  u  ninttcr  of  volmitiiiy  ('((inify,  and 
if  such  application  \V(!rc  disi-cfiarded,  to  .siil)iiiit?  'i'lic  wiiolc  history 
of  tlie  inai'itiiiie  worM,  and  of  (Ircat  J>iitaiii  above  all  otlici-  i-oiuitries 
is  to  tlu^  contniry.  So  far  from  individual  rinlits  on  the  sea  of  sM<'h  a 
mischievous  and  injurious  eliaraetei'  iiavin^'  become  reeouni/.ed  and  es- 
tablished by  the  assent  of  mankind,  so  as  to  be  repirded  asjustilied 
by  tiie  international  hiw  that  results  from  such  an  assent,  the  Ji:i!<;inent 
and  the  eonchu't  of  nations  have  been  altogether  the  other  way,  and 
necessarily  must  always  be  the  other  way  if  they  are  to  protect  them- 
selves, their  interests,  and  their  people  from  destruction. 

It  will  be  seen  from  the  correspondence  between  the  governments  of 
Great  Britain  and  the  United  States,  printed  in  the  Appendix  to  the 
Caseof  the  United  States,  that  a  convention  between  the  two  countries 
was  virtually  aj^reed  upon  as  early  as  18S7,  with  the  full  concurrence  of 
IJnssia,  under  whic-h  ])elaj;ic  sealinj;' in  Behring  Sea  would  have  been 
prohibited  between  April  I't  and  October  1  or  Xovember  1  in  each  year, 
and  that  the  consununation  of  this  agreement  was  oidy  pi'evented  by  the 
refusal  of  the  Canadian  Government  to  assent  to  it.  The  ])r()priety  and 
necessity  of  such  a  re])ression  was  not  doubted,  either  by  the  United 
States,  Great  Britain, or  Kussia.  This  convention,  if  completed,  would 
have  fallen  farshortboth  of  thejust  right  and  the  necessity  of  the  I'uited 
States  in  respect  to  the  protection  of  the  seals,  as  is  now  nuide  apparent 
in  the  light  of  the  much  larger  knowledge  of  the  subj'jct  which  has 
since  been  obtained.  Still,  it  \V()uld  have  been  a  step  toward  the  do- 
sired  end. 

When  it  became  apparent  that  Great  Britain  would  be  unable  to 
('onsuniniate  the  j)roi»oscd  agreement,  and  that  no  restraint  would  bo 
put  by  Iler  Majesty's  Government  on  the  depredations  of  its  coloidsts 
complained  of,  if  the  United  States  Government  had  t\w,u  taken  the 
course  which  has  since  been  pursued  by  the  Government  of  Eussia 
in  respect  to  the  seals  on  the  Commander  Islands,  and  refused  to  ])er- 
Miit  further  slaughter  of  the  seals  in  Bering  Sea  during  the  breeding 
time,  what  is  it  reasonable  to  believe  would  have  beentlu;  JudgnuMit  of 
the  civilized  W(»rld,  as  to  the  Justice  and  propriety  of  the  position  thus 
assumed?  Would  not  such  action  have  been  approved  and  acquiesced 
in  by  all  nations,  as  it  has  been  showTi  that  siuular  action  by  many 
comi^ries  in  all  similar  cases  that  have  arisen  has  been  approved  and 
icciuicsced  in?    And  if  it  cuu  l)u  siupitused,  as  it  certuiuly  cau  uot  be 


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178 


ARGUMENT    OF   THE    UNITED    STATES. 


supposod  without  ciistiii};  an  unwarrantable  aspersion  upon  Her  Maj- 
esty's (jiovernnicnt,  tliat  Great  Britain  would  have  undertaken  to  main- 
tain by  naval  force  the  Canadian  vessels  in  the  conduct  in  question, 
how  far  is  it  to  be  believed  that  she  would  been  sustained  by  the  gen- 
eral ojunion  of  the  world?  More  especially  in  view  of  the  claim  she 
has  always  su(-cessfully  and  justly  asserted,  of  the  ri};ht  to  i)rotect  all 
interests  of  her  own  against  injury  by  individuals  on  the  high  sea  for 
the  sake  of  gain. 

And  finally,  if  by  the  concurrent  action  of  the  United  States,  Great 
Britain,  and  llussia,  a  prohibition  of  pelagic  sealing  during  the  breeding 
time  had  been  effected,  as  proi)osed,  would  those  three  powers  combined 
have  had  a  better  right  to  exctlude  any  casual  poacher  under  the  Hag  of 
some  other  government  from  the  depredations  i)rohil)ited,  than  the  Uni- 
ted States  now  has,  standing  alone?  Or  would  they  have  been  con- 
strained, by  the  recpiirementsof  what  is  called  international  law,  to  oc- 
cu]>y  the  humiliating  jiosition  of  standing  idly  by,  wlsile  the  interests 
tiiey  had  found  it  necessary  to  unite  in  protecting,  shoidd  be  deliber- 
ately destroyed  for  the  benefit  of  a  few  adventurers,  whose  methods 
defied  law  and  disgiaced  humanity. 

What  the  T^tiited  States  Government  would  have  been  justified  in 
doing  in  self-defense,  by  the  exertion  of  such  reasonable  force  as  iin'ght 
be  necessary,  is  precisely  what  she  has  aright  to  ask  in  the  judgment 
of  this  Tiibunal.  There  can  not  be  one  system  of  international  law  for 
the  world  and  another  fi)r  the  closet,  because  the  closet  does  not  i)rc- 
scribe  tlie  law  of  nations;  it  derives  it  from  those  principles  of  right 
and  justice  wliicli  are  adopted  as  a  rule  of  action  by  the  general  assent 
and  approval  of  mankind. 

Instead  of  taking  its  delence  into  its  own  hands,  the  Government  of 
the  United  States  has  refrained  from  the  exercise  of  that  right,  has 
submitted  itself  to  the  judgment  of  this  Tribunal,  and  has  agreed  to 
abide  the  result.  Its  controversy  is  only  nominally  with  Great  Britain, 
whose  sentiment  and  whose  interest  concur  in  this  matter  with  those 
of  the  United  States.  It  is  really  with  a  province  of  Great  Britain, 
not  amenable  to  her  cojitrol,  with  which  the  United  St;'tes  Govern- 
ment has  no  dii)lon)atic  relatiims,  and  can  not  deal  independently. 
Altliongh  the  erroneous  assumption  that  the  United  States  claimed 
the  right  to  make  Jiering  Sea  a  mare  claunum,  has  undoubtedly  drawn 
Her  Majesty's  Government  into  a  position  in  tUis  dispute  that  it 
might  not  otUoiwisu  have  taken. 


EIGHT    TO    PROTECT    INTEREST   AND    INbUSTRY. 


179 


Her  Maj. 
I  to  main- 
question, 
the  yen- 
;]aiin  she 
rotect  all 
',h  sea  for 

es,  Great 
breeding 
;ombincd 
lie  Hag  of 

tlieUni- 
teen  eon- 
LW,  to  oc- 
interests 

deliber- 
methods 


If  by  the  judgment  of  this  high  and  distinguished  Tribunal  the 
Alaskan  seal  herd  is  sentenced  to  be  exterminated,  a  result  which  the 
United  States  Government  has  been  uii.ible  to  anticipate,  it  must  sub- 
mit, because  it  has  so  agreed.  But  it  will  not  tlie  less  regret  having  thus 
bartered  away  that  plain  right  of  self-defense  against  unwarranted 
injury,  which  no  nation  stroui;-  enough  to  assert  itself  has  ever  surren- 
dered before. 

£.  J.  TuELrs. 


'I 


stifled  in 
as  might 
iidgment 
il  law  for 
not  pro- 
of right 
al  assent 


unent  of 

gilt,  has 

greed  to 

Britain, 

th  those 

Britain, 

Govern- 

iidently. 

claimed 

y  drawn 

that  i( 


I 


180 


AliOUME^iT   Oi-'   THE    UNITED   bTATES. 


APPENDIX  TO  PART  THIPP.  PTVISIOX  IT  (M.  PHELPS'S 

AUGLMKNT). 

ADDITION  AT,   ATITHORITIES  ON  THE   QUESTION    ON    PIJOPEKTY. 

[NOTE    1,  I>AGKl32.     tH'INION    IN   HANNAM    r«.    MOCKKTT.      (2    ItAliNWALI,    AM)  fUKS- 

weli.,;M3.)] 

Baoley,  J.  A  niim's  rijjlits  are  the  ii,nlits  of  iiorsonal  security,  per- 
sonal liberty,  and  piivatc  iMdjU'ity.  IMivatc  jtroperty  is  citlicr  property 
ill  ]>ossession,  i)roperty  in  action,  or  i)roperty  tiiat  an  in<livi<lual  lias  a 
sp.i'ial  rifflit  to  accpiire.  The  iiijurx  in  tliis  case  docs  not  alVect  any 
riylit  of  ]>ersonal  security  or  i>ersonal  liberty,  nor  any  projierty  in  i>os- 
session  or  in  action,  and  the  question  then  is  whether  there  is  any 
injury  to  any  jn'opeity  the  i)laintitV  had  a  special  ii.nlit  to  ac(|uiie. 

A  luan  in  trade  lias  a  rij;lit  in  his  fair  chances  of  prolit,  and  lie  {•ives 
n]>  time  and  capital  to  acquire  it.  It  is  for  the  <;-ood  of  llic  |)ublic  tlisit 
lie  should.  Hut.  has  it  ever  been  held  that  a  man  has  a  rijiht  in  tlie 
eliance  of  obtainiiiiu  animals  /era'  ntilino^  w  here  he  is  at  no  expeiist^  in 
entieiu};'  tliein  to  his  lueuiises,  and  \vhei'«^  it  may  be  at  least  (pu'stion- 
able  whether  they  will  be  of  any  service  t<»  him.  and  whether,  indeed, 
tln'y  will  not  be  a  nuisance  to  llie  neij;liborhood  .'  This  is  not  a  claim 
l>n>jtier  impohiitltim  Ix'cause  tliey  aie  youiifi'.  i>nii>lir  soIiiih  liecausetliey 
are  <ui  tin'  jdaintin's  land,  or  imtjilrr  in(liislri(ii)i  l>ecause  the  plaintiit' 
lias  brought  tlu-m  to  the  pla«e  or  reclaimed  them,  but  pnipter  iinuih  et 
eoHsiiitiKliinni  of  the  birds. 

They,  of  their  own  choice,  and  without  any  expenditure  <u'  tncible 
on  his  jKirt,  have  a  inedilection  tor  liis  trees,  and  are  disposed  to  r 'sort 
to  them,  r.iit,  lias  lu'  a  lej;al  lijihl  to  insist  that  they  shall  be  pern  itted 
to  do  so?  Allow  the  rijilit  as  tt»  these  birds,  and  how  can  it  be  <lenied 
as  to  all  others?  In  consideriiifi'  a  claim  of  this  kind  tlu' nature  and, 
])roperti(^s  of  tlie  birds  are  not  immaterial.  The  law  makes  a  distine- 
iion  between  animals  titled  for  food  and  (hose  whicii  are  not;  between 
those  whicli  are  destructive  of  jtrivate  juctpcrty  and  tlios«'  which  are 
not:  between  those  which  have  recei\cd  |»rotection  by  common  law  or 
by  statute  and  those  which  have  not. 

It  is  not  alleji'cd  in  this  declaration  that  these  rooks  weie  tit  for  food;  and 
we  know  in  fact  that  t  licy  are  not  ncneially  so  used.  So  far  Irom  beinjjj 
]>rotectcd  by  law.  they  have  been  looked  upon  by  the  le.i;islature  as  de- 
structive 111  their  natui'e.  and  as  nuisances  to  the  nei;;lib(nhood  where 
they  are  estaldished.  J\eebl«' r.s.  llickei  inj^ill  ( 1 1  Mast.,  ri74)  bears  a 
stroiifjer  resemblance  to  the  ]Mesent  than  any  other  case,  but  it  is  dis- 
tiiij-nisliable.  *  *  »  15ut  in  the  lirst  i»lace,  it  is  observable  that  wild 
fowl  are  protected  by  the  statute  iT)  II.  S,  c.  11;  that  they  constitute 
a  known  article  of  food;  and  that  a  ])erson  keepin<iui>a  decoy  ex])end8 
money  and  employs  skill  in  takinji'  that  which  is  ot  use  to  tlie])ublie. 

It  is  a  jH'otitaiile  mode  of  employing  his  land,  and  was  considered  by 
Lord  Holt  an  u  clui>cn^tiou  ui'  tiuclo.    XUut  ca6e,  tUcrcl'oiti,  utuuda  ou  a 


APPF.NDIX    TO    PART    TTIIKl) — DIVISION    II. 


181 


;lps'S 

KUTY. 

AM)   CUK8- 


irity,  por- 
l»n)iK'rty 
iiiil  ]ias  SI 
iirt'ct  ;niy 
ty  ill  pos- 
it' is  any 
lire. 

I  lie  jjivos 
iihlic  tliat 
ilit  in  tlie 
xpoiisc  ill 
<|iu'sti<)ii- 
V.  iiHl('e<l, 
>t  ii  claiiii 
msetliey 
)l:iiiililt' 
knhui  it 

tro'ible 

<>  r  'Sort 

111  itted 

denied 

lire  and 

distin<!- 

M'tween 

I  it'll  are 

Ml  law  or 

lod;  and 

till  beiiifif 

le  as  dc- 

d  where 

bears  a 

it  is  dis- 

liat  wild 

iistitute 

'X|)end8 

iblie. 

ered  by 


fKi.i'.iii.r.  vf.  !ii(Ki:i;iN(iii.i„     iiii.auy  ti'.km  5  anni-.  mn/r's  UKroitrs,  p.  17.] 

Action  by  owner  nt  a  (b'coy  pond.  (Vciinciifed  l)y  wild  fowl,  a^^ainst 
one  wlio  sliot  olV  a  <iiiii  near  liis  pond  to  tiic  ]>!ainlilV"s  loss,  etc. 

Diirin^i'  the  course  of  the  ilisciissioii  hy  the  Jiidj^cs,  llolr,  (!.  J.,  said : 
*  *  *  ''And  the  decoys  spoil  ji'entleiiien's  j;aiiie,  yet  they  are  not 
nnlawrnl,  Cor  tlie.\  hiinji'  nnuiey  into  the  country.  Dove  cotes  are  law- 
lill  to  iceep  iii>;eons. 

I'owell:  The  declaration  is  not  ,u<»oil,  but  this  lieiiii;  a  special  action 
on  the  ease,  it  is  helped  l»y  the;  verdict.  It'  yon  I'lifiliteii  pi<;eoiis  from 
my  dove  cote,  is  n(»t  that  actionabh'? 

.M(»nta<>iie:  Ves,  for  tlu-y  have.  <iiiinunn  rcrcrtcndi,  and  therefore  you 
have  propeity. 

In  Vol.  II.  least's  IkCporls.  ]>,  571,  is  the  case  of  ('ariingtoii  rs.  Tay- 
1(M',  which  is  also  a  (Mse  ii[)on  the  siiltject  of  injury  to  the  owner  of  a 
<leeoy  pond.  Tin'  reporter,  in  a  note  t(»  tliis  case,  rejioits  at  lenj;th 
Keeble  r.s,  Ilickeriiijiill,  which  lu;  states  '"is  taken  from  a  copy  of  Lord 
C.  .).  Holt's  own  .M.S.S.  in  my  jiossessioii." 

In  this  report  it  is  said:  "  ll(»lt,C..).  lamof  opinion  that  thisaction 
(h>th  lie.  It  seems  to  be  new  in  its  instance,  but  it  is  not  new  in  the 
leason  or  jn  iiiciple  ol'it.  *  *  *  And  we  do  know  that  of  hnig  time 
in  the  kiniudom  these  artilicial  contrivances  (»f  decoy  iioiids  and  decoy 
ducks  have  been  used  for  enticiiij>'  into  those  ponds  wild  tbwl,  in  older 
to  be  taken  Ibr  the  profit  of  the  owner  of  the  jtoiid,  who  is  at  the  ex- 
jieiise  of  servants,  eiifiines.  and  (»ther  nianaucment,  whereby  the  mar- 
kets of  the  nation  may  be  furnished;  there  is  ^reat  reason  to  }j;ive 
enconra.n'cineiit  Iherennto;  that  the  i)eo|»le  who  are  so  iiistrnmental  by 
tlieir  skill  and  indiistr\  s(»  to  jiiruisli  the  markets  should  reap  the  beii- 
elit  and  have  their  action. 

[NOTK   1,    (I'AUi:   Hit).      K\II!A(  T    riiiiM     OI'INIOX   OK    CIIII.l'    .USIICK    MARSHALL    IN 

ciiriti  II  v.s.  iirmtAKT,  l.' lU.,  187. J 

That  the  ^aw  of  nations  ])i'oliibits  the  exercise  of  any  act  of  author- 
ity over  a  vessel  in  the  situation  of  the  Aurora,  and  tliat  this  seizure 
is,  <Hi  that  account,  a  iiieie  iiiatiliiue  trespass  not  within  t lie  exception, 
cannot  be  atliiiittcd.  To  reason  from  tiicexteiit  of  the  pi-otecti<Mi  a  nation 
will  afford  to  loreiinneis,  to  the  extent  of  the  means  it  may  use  for  its  own 
se(!urity,  does  not  seem  to  be  jiei  fectly  correct.  It  is  opjiosed  by  prin- 
ciples which  are  nniveisally  ackiiowled;;«Ml.  The  authority  of  a  nation 
within  its  own  territory  is  absolute  ami  «'xclusi\e.  The  seizure  of  a 
vessel  within  the  raiijuc  of  its  <rauiion  by  a  foreifjn  force  is  an  invasion 
of  that  ti'iritory,  and  is  a  hostile  act  which  it  is  its  duty  to  repel.  Ibit 
its  powi'r  to  secure  itself  from  injury  may  certainly  be  exercised  beyond 
the  limits  of  its  territory. 

U])oii  this  ju'inciple,  the  rijiht  of  a  bellij^erent  to  search  a  neutral 
vesisel  ou  the  high  sca^i  for  coutrabaud  of  war  is  uuiverfjally  adiuitted. 


182 


ARGUMENT  OF   THE   UNITED   STATES. 


Itt'ciuisc  t1«o  l)<'lli/;;(M«'iit  lina  a  rijrlit  to  lu-event  tlu'  injury  i\(n^o  to  liim- 
Hi'W  by  tlio  iissisiaiice  inttMHlcd  ior  lis  eiioniy.  So,  too,  si  nation  lias  a 
lij-lit  to  ])i'oliil)it  any  (Mtninierce  with  its  colonies.  Any  attempt  to 
violate  the  laws  made  to  i>ioteet  tliis  ri<;lit  is  an  injury  to  itself  which 
it  may  i»reveiit,  and  it  has  a  rijjiit  to  use  the  means  necessary  for  its 
l>n^veiition.  These;  means  do  not  ajijiear  to  be  limited  withiu  any  cer- 
tain marked  boundaries,  which  remain  the  same  at  all  times  and  in  all 
situations.  If  they  are  such  as  uiine<*essarily  to  vex  ami  harass  forei^jn 
lawful  commen-c,  toieijuii  nations  will  resist  their  exercise.  If  they  are 
such  as  are  reasonable  an<l  necessary  to  secure  their  laws  from  violation, 
they  will  be  submitted  to. 

In  dirt'erent  seas  and  on  different  coasts  a  wider  or  more  contracted 
ranj;«;  in  which  to  exercise  the  vij^ilance  of  the  Govern  men  t  will  be  as- 
sented to.  Thus  in  the  Channel,  where  a  very  jjreat  part  of  the  com- 
merce to  and  from  all  the  north  of  Eurojie  passes  throufi'h  a  very  nar- 
row sea,  the  seizure  of  vessels  on  suspicion  of  attemptiiifj  an  illicit 
trade  must  necessarily  be  restricted  to  very  narrow  limits;  but  on  the 
coast  of  South  America,  seldom  fre(piented  by  vessels  but  tor  the  pur- 
pose of  illicit  trade,  the  vijjilance  of  the  Government  may  be  extended 
somewhat  further,  and  foreijiii  nations  submit  to  such  re};;ulatioiis  as 
are  reasonable  in  themselves  and  are  really  nec<^ssary  to  secure  that 
monojioly  of  colonial  commerce,  which  is  claimed  by  all  nations  holding 
distant  possessions. 

If  this  ri<>lit  be  extended  too  far,  the  exercise  of  it  will  be  resisted. 
It  has  occasioned  Ions  and  frecpUMit  <'ontests  which  have  sometimes 
ended  in  open  war.  Tlie  Kn^jlish,  it  will  l>e  well  recollected,  complained 
of  tlm  rijiht  claimed  by  Spain  to  search  their  vessels  on  the  high  seas, 
which  was  carried  so  far  that  the  (iiiaida  Costas  of  that  nation  seized 
vessi'Is  iH)t  ill  the  neighborhood  of  their  coasts.  This  praittice  was  the 
subject  of  long  and  fruitless  negotiations,  and  at  length  of  open  war. 
The  right  of  the  Spaniards  was  supixiscd  to  be  exer<'is«'d  unreasonably 
and  vexatinusly,  but  it  never  was  contended  that  it  c<»uld  only  be  ex- 
eiciscd  withiu  tiie  range  of  the  cannon  from  their  batteries. 

Indeed,  the  right  given  to  our  own  revenue  cutters  to  visit  vessels 
four  leagues  from  imr  coasts  is  a  declaration  that  in  the  o])inion  of  the 
American  Government  no  such  principle  as  that  contended  for  has  a 
real  existence.  Nothing,  then,  is  to  be  drawn  from  the  laws  of  the 
usages  of  nations,  which  gives  to  this  i»art  of  the  contracit  before  the 
court  the  very  limited  construction  which  the  plaintiff  insists  on,  or 
which  proves  that  the  seizure  of  the  Aurora  by  the  Portuguese  gov- 
ernor was  an  act  of  lawless  violence. 


[note  1,  PAGK  150.      OPINIOX  OF  JUOGK   JOHNSON  IN   HOSE   VS.    HIMKLY,   4    CR.  241.] 

I  am  of  oi)inion  that  the  evidence  before  tis  plainly  inal\((s  out  a  case 
of  belligerent  capture,  and  though  'not  so,  that  the  capture  may  be 
justified,  although  for  the  breach  of  a  municipal  law.  In  support  of 
my  latter  position,  both  principle  and  the  pra<!tice  of  Great  IJritain  and 
our  own  CJovernment  may  be  apjiealed  to.  The  ocean  is  the  common 
jurisdiction  of  all  sovereign  jiowers;  from  which  it  does  not  result  that 
their  i)owers  upon  the  ocean  exist  in  a  state  of  suspension  or  equipoise, 
but  that  every  power  is  at  liberty  upon  the  ocean  to  exercise  its  sov- 
ereign right,  jtrovided  it  does  not  act  inconsistent  with  that  general 
equality  of  nations  which  exists  upon  the  ocean. 

The  seizure  of  a  shii>  ui)on  the  high  aeas,  after  she  has  committed  au 
act  of  forfeiture  within  a  territory,  is  not  inconsistent  with  the  sover- 


'PENDIX   TO   PART   TUIRD — DIVISION   II. 


183 


or 


elfjn  liglits  of  the  iiiition  to  wliidi  she  beU)iijjs,  because  it  is  the  law  of 
reason  and  tlu^  general  inidorstandiii};  of  nations  that  tlie  olVendins 
individnal  forfeits  liis  chiini  to  proteittion,  and  every  nation  is  the  le{>al 
avenjfer  of  itsowh  \vr»»n^s.  Within  tiieir  Jaiis(li<tional  limits  the  ri^^lits 
of  sovereifiiity  are  exclnsive;  ui)on  theoeean  theyanM'oiiciirrent.  What- 
ever the  j;reat  prineiitle  of  self  defense  in  its  reasonable  and  necessary 
exercJHe  will  sanction  in  an  individinil  in  a  state  of  nature,  initions  may 
lawfully  i)erform  upon  the  ocean.  This  principh",  as  well  as  most  others, 
nuiy  be  carried  to  an  unreasonable  extent;  it  may  be  made  the  pretence 
instead  of  the  real  ground  of  aggression,  and  then  it  will  become  a  just 
(iause  of  war.    1  contend  only  Ibr  its  reasonable  exercise. 

The  act  of  Cireat  Britain  of  L'i  (ieo.,  3,  (Jhap.  47,  is  j)redicated  upon 
these  princii)ies.  It  subjeitts  vessels  to  seizure  whicli  api>ro!>ch  with 
certain  «!argoes  on  Ixuird  within  the  distance  of  tour  leagues  of  her 
coast,  because  it  W(uild  be  dillicult,  if  not  impossible,  to  execaite  her 
trade  laws  if  they  were  suffered  to  ai»])roach  nearer  in  the  pros(!cutiou 
(»f  an  illicit  design;  but  if  they  have  been  within  that  distance,  they 
are  afterwards  subject  to  be  seized  ou  the  high  seas.  They  have  then 
violated  her  laws,  and  have  forfeited  the  ])rotecti(»n  of  their  sovereign. 
The  laws  of  the  United  States  \\]tou  the  subject  of  trade  appear  to  have 
been  franu3<l  in  some  measure  after  the  model  of  the  English  statutes; 
and  the  twenty-ninth  section  of  the  act  of  171U)  expressly  authorizes 
the  seizure  of  a  vessel  that  has  within  the  Jurisdiction  of  the  United 
States  committed  an  act  of  forfeiture,  wherever  she  may  be  nu't  with 
by  a  revenue  cutter,  without  limiting  the  <llstauce  from  tlie  coast. 

Sc  also  the  act  of  IStHJ,  for  prohll)ltiiig  the  Impoitatlon  of  slaves, 
authorizes  a  seizure  beyond  our  Jurisdictloiud  limits,  if  the  vessel  be 
found  with  slaves  on  t)oard,  hovering  on  the  coast;  a  latitude  of  expres- 
sion that  can  only  be  limited  by  circumstances,  and  the  discretion  of 
a  court,  and  In  case  of  fresh  pursuit  would  be  actually  without  limita- 
tion. Indeed,  after  passing  the  Jurisdictional  limits  of  a  State,  a  ves- 
sel is  as  much  on  the  high  seas  as  if  in  the  middle  of  the  ocean,  and  if 
France  could  authorize  a  seizure  at  the  distance  of  2  leaj'ties,  she  could 
at  the  distance  of  L*0.  *  *  •  Seizure  on  the  high  seas  for  a  breach 
of  the  right  of  bh)ckade  during  the  whole  return  voyage,  is  universally 
acquiesced  in  as  reasonable  exercise  of  sovereign  jiower.  The  princi- 
])le  of  blockade  has,  indeed,  in  nu)dern  times,  been  pushed  to  such  an 
extravagant  extent  as  to  become  a  very  Justifiable  cause  of  war,  but 
still  it  is  adnntted  to  be  consistent  with  tlie  law  of  nations  when  con- 
fined within  the  limits  of  reason  and  necessity. 

[NOTE   1  (PACr  152).      CrrATIONS  FROM   CONTIN'I'.NTAL  WnriKKS   ON  THE   SUBJECT  OF 

SELF  DEFENSE.] 

Every  nation  may  appro])riate  things,  the  use  of  which,  if  left  free 
and  common,  would  be  greatly  to  its  i)rejudice.  This  is  another  rea- 
son why  maritinu'  ])owers  may  extend  their  domain  along  the  seacoast, 
as  far  as  it  is  possible,  to  defend  their  rights.  *  *  *  It  is  essential 
to  their  security  and  the  welfare  of  their  dominions.  (Azuni,  Tart  I, 
Chap.  II,  Art.  i,  See.  4,  page  185.) 

Ploeque  (De  la  Mer  et  de  la  Kavigation  Maritime,  eh.  i,  pp.  6-8), 
after  discussing  the  limits  of  the  territorial  sea,  and  pointimv  out  the 
great  divergence  of  ojtinion  that  had  existed  ou  that  point,  r«. marks: 

"  Moreover,  in  custom-house  matters,  a  nation  can  fix  at  will  the 
point  where  its  territorial  sea  ends;  the  ueighboriug  nations  aie  sup- 


m 
ll 


184 


ARGUMENT   OF   THE    UNITED    STATES. 


posp<l  to  1)0  n 'qiiiiintod  with  tlioso  rogulatioiis.  iind  iiro.  coiisprinpntly, 
obIi}j<'(l  Ut  ra-iloriii  I  hereto.  As  nil  cxiiiiiph',  we  will  content  ourselves 
with  (luotinfi'  the  law  of  (lei  initial  4th,  .v<>ar  II,  Art.  7,  Tir.  li:  'raptains 
aii<l  ollicers  and  other  I'nnctionaries  direetiii^  tlie  eiist(nii  house,  or  tho 
coinnieicjal  or  naval  servi<'e,  may  seanth  all  vcss«'ls  of  less  tiiaii  100 
tons  biiidi'ii  when  lyinjj  at  anchor  or  taekiiif;  within  tour  leagues  t'iv>iii 
the  coast  otFran<r(\  cases  of  Hh  major  excj^jited.  It  such  vessels  liavo 
oil  luiar(i  any  pxxls  whose  iin])ortati(Ui  (u*  e\)>ortaMoii  is  jirohihited  in 
France,  the  vessels  shall  1k^  contlscated  as  well  as  their  ♦•arj'oes,  ami  tho 
captains  of  the  vessels  shall  be  required  to  pay  a  fine  otoOO  livres.'" 

Says  Pradier-Fodere  (Trait*'*  de  Droit  Internationale,  Vol.  ir,  sec.  (».'?.'?) : 

"  Independently  ottreaties,  the  law  of  eacli  state  <'an  (let«'rniine  of  its 
own  accord  a  certain  distance  on  the  sea,  within  whic  h  the  state  can 
claim  to  exercise  jiower  ami  Jurisdiction,  and  whi<'li  <'oiistitutes  the  ter- 
ritorial sea,  for  it  and  for  those  who  admit  the  limitation.  This  is  espe- 
chilly  for  the  surveillance  and  control  of  revenues." 

And  in  a  note  to  this  ])assa<je  ho  says: 

"In  <'IVect,  in  the  matter  of  revenue,  a  nation  can  lix  its  own  limits, 
notwithstanding  the  termination  of  the  territorial  sea.  Neij;iibi>riiijc 
nations  arc  held  to  reco}.«:nizo  these  rules,  and  in  conse  jueiice  are  con- 
sidered to  conform  to  tiieni.  On  this  point  the  French  law  of  the 
4th  (J<'rminal,  year  II,  can  be  cited." 

This  law  fixes  two  myriametors,  or  about  twelve  Enjilish  miles  as  tho 
limit  witliin  whicli  vessels  are  subject  to  inspection  to  prevent  fraud  ou 
the  revenue. 


La  Tour  (I)ela  nier  territoriale,  pajje  230).  speakinpr  of  tho  exterri- 
torial etlect  of  the  Freiiith  revenue  laws  at  four  leagues  from  the  coast, 
thus  justi'ies  th<''ii. 

"Is  not  this  an  excessive  limit  to  which  to  extend  the  territorial  seal 
No,  we  assert.  At  the  present  day  this  question  will  liardly  bear  dis- 
cussion, on  account  of  the  long  ranjje  of  (ianiion;  and  thoiijih  we  should 
return  to  the  time  when  that  range  was  less,  w(*  should  still  umbirtake 
to  Justify  tliis  extt'iision  of  the  custom-house  radius;  and  for  this  it  is 
sufficient  to  invoke  the  reasons  {•iveii  in  matters  of  sanitary  police.  It 
does  not  involve  simply  a  reciprocal  concession  of  states,  or  a  tacit 
agreement  between  tliem,  but  it  is  the  exercise  of  their  respective 
rights.    *    *    * 

"The  American  and  English  practice  allows  the  seizure,  even  outside 
of  the  ordinary  limit  of  the  territorial  waters,  of  vessels  violating  the 
custom  laws." 


Says  M.  Calvo  (Le  droit  international,  sec.  244): 

"In  order  to  decide  the  (juestiou  in  a  manner  at  once  rational  and 
practical,  it  siiould  not  be  lost  sight  of  at  the  outset  that  the  state  has 
not  over  the  territorial  sea  a  right  of  property,  but  a  right  of  inspecticui 
and  of  Jurisdiction  in  the  interest  of  its  own  safety,  or  of  the  protection 
of  its  revenue  interests. 

"The  nature  of  things  demonstrates,  then,  that  the  right  extends  up 
to  that  point  where  its  existence  justifies  itself,  and  that  it  ceases  when 
the  ai)prehension  of  seritms  danger,  practical  utility,  and  the  possi- 
bility of  effectively  carrying  on  definite  action  cease. 

"Maritime  states  have  an  iiicontestible  right,  however,  for  the  de- 
fense of  their  respective  territories  against  su<lden  attack,  and  for  the 
protection  of  their  interests  of  commerce  and  of  revenues,  to  establish 


APPENDIX    TO   PART   TTimi) — DIVISION    II. 


185 


VJ 


VAU\- 


;in  active  insppct inn  on  tiioir  coiist  iiiid  its  vicinity,  ninl  to  n<lopt  all 
necessary  measures  for  slnittinj;  olV  access  to  tlicir  territory  to  tiioso 
wlioiii  tliey  may  refuse  to  receive,  wiiere  tln'y  do  not  i-onform  to  cstah- 
lislied  ri'L;iiiations.  It  is  a  natural  eonse(|ueiice  of  tlie  ji'cni'ral  principle, 
tiiat  wlialever  anyone  sliali  liave  done  in  heiialf  of  iiis  self  defense  lio 
will  l)e  taken  to  liave  done  rij-litly. 

"•  l"',very  nal  ion  is  tlius  iVee  toestahlisli  an  inspection  and  a  police  over 
itsc(taslsas  if  ]»lcases,  at  l('a>t  svheieit  has  not  Uonnd  itself  l»y  treaties. 
it  can,  accordin;;'  to  the  i»arlicular  conditions  of  the  <'<»asts  ami  wat<>rs, 
lix  the  distance  corr<'spondinj>iy.  A  common  usajic  has  estaldished  a 
cannon  shot  as  tlie  distance  which  it  is  not  permitted  to  overleap,  except 
in  the  i'xccptional  case,  aline  which  has  not  altuie  received  the  ap- 
]a'oval  of  (irolins,  liyidu-rshok,  (ialiana,  and  Kliiher,  but  has  heeii 
conhrnu'd  likewise  by  the  laws  and  tr<'alies  (»f  many  of  the  nations. 

"Nevertheless  we  can  nniintain  further  with  Vattel  that  the  domin- 
ion of  the  stat«'-  over  the  n«'ijihborin}j  sea  extends  as  far  as  it  is  neces- 
sary to  insurer  its  safety,  and  as  far  as  it  can  makc^  its  powei'  respected. 
And  we  can  fui'ther  re;;ard  with  Kayneval  the  distance  of  the  horizon 
which  can  be  fixed  U|>on  tlie  c<)ast  as  tlu'  extreme  limit  of  the  ]n(>asure 
of  snrv<'illance.  The  line  of  the  cannon  shot,  which  is  <;:enerally 
rcjiarded  as  of  common  )i};iit.  i)resents  no  invariable  base,  and  the  lino 
can  Ix'  fixed  by  the  laws  of  each  state  at  least  in  a  i)rovi.sional  way." 
(Ih'IftiM',  Int.  Jjaw,  Sees.  74-75.) 

JJluntschli  says:  (Int.  Law,  Uoolc  iv,  see.  .'i22). 

"Thejurisdicttion  of  the  neij^hboriiifj  sea  does  not  extend  further  tlian 
the  limit  Judjjed  necessary  by  the  police  and  the  military  authorities." 

And  section  342: 

"Whenever  the  crew^  of  a  ship  has  coinnn'tted  a  crime  upon  land,  or 
within  water  included  in  the  territory  of  another  state  and  is  pursued 
by  judicial  autlnnities  of  such  state,  the  i)ursuit  of  the  vessel  may  be 
contiiiui'd  beyond  the  waters  whieh  are  ai>art  of  the  territory,  and  even 
into  the  oi>en  sea." 

And  in  a  note  he  says: 

"This  extension  is  necessary  to  insure  the  efficiency  of  penal  justice. 
It  ends  with  the  pursuit." 

Carnazza-Amari  (Int.  Law,  sec.  2,  chap.  7,  page  60),  after  citing  from 
M.  Calvo  the  passage  quoted  above,  says: 

"  Xevertheless  states  have  a  right  to  exact  that  their  security  should 
not  be  Jeopardized  by  an  easy  access  of  foreign  v<>ssels  menacing  their 
territory;  they  may  see  to  the  collection  of  duties  indispensable  to  their 
existence,  which  are  levied  njmn  the  national  and  foreign  produce,  and 
which  maritinuicontraband  would  doubtless  lessen  if  it  shoidd  not  be 
sn]»pressed.  From  all  these  points  of  view  it  is  necessary  to  grant  to 
each  nation  the  right  of  inspection  over  the  seawhich  washes  its  coasts, 
Avitliin  the  linnts  required  for  its  security,  its  tran(]uillity.  and  the  pro- 
tection of  its  wealth.  »  *  *  States  are  obliged,  in  the  interest  of 
their  defense  and  their  existence,  to  subject  to  their  authority  the  sea 
bordering  the  coast  as  far  as  they  are  able,  or  as  far  as  there  is  need, 
to  maintain  their  dominion  by  force  of  arms.    •    •    • 


I 


i:! 


186 


ARGUMENT   OP   THK   UNITKD   RTATES. 


"  rt  la  iiocossaiy  to  ('oiiccdc  to  every  nation  a  riH;Iit  of  surveillance 
over  the  borderinji'  sea  wiiliin  tiie  limits  wliieii  its  security,  its  trau- 
<)uiility,  and  its  wealtii  (leiuand.  *  «  •  lialde  and  other  autiioritieH 
])laee  the  line  at  tiO  miles  t'roui  the  shore,  (iryphiander  and  I'acnine/, 
at  KUI.  lioeennius,  at  a  point  IVom  which  a  ship  can  sail  in  two  days. 
Bynkershiiek  nniintains  that  the  territorial  sea  extends  as  far  as  the 
power  of  artillery.  This  limit  is  regarded  as  the  correct  one,  not  because 
it  is  founded  on  force,  but  becauseit  is  the  limit  necessary  for  the  safety 
of  the  8tato." 

fNOTB   1,  rAQE   153.      THF'.  OAIIOMNK   CASK.] 


Mr.  "Webster  said,  addressing  the  liritish  Government: 

"  IJnderthose«'ireumstan(!es,  and  undei' those  immediately  eonnoctcd 
with  the  transaction  itself,  it  will  be  lor  ller  Majesty's  (roverinnent  to 
show  u]>on  what  state  of  facts  and  what  rules  of  international  liiw  the 
destruction  of  the  (Uiroliuv  is  to  be  defended.  It  will  be  for  that  (lov- 
ernment  to  show  a  necessity  of  S4'lf<lefeuse,  instant,  overwhehniny;, 
leavin|>'  no  choice  of  means  and  no  moment  tor  deliberation. 

"It  will  1m^  for  it  to  show,  als(>,  that  the  hx^al  authoiities  of  Canada, 
even  supposinji'  the  iu'<'essity  of  the  moment  authorized  them  to  enter 
the  teiritori«'s  of  the  IJjnted  States  at  all,  did  nothinj;'  unreasonable  or 
excessive:  since  the  a<!t,  Justitied  by  the  necessity  of  self-delcnse,  nnist 
be  limited  by  that  necessity,  and  kept  <learly  within  it.  It  nuist  be 
shown  that  admonition  or  remonstrance  to  the  ])ersons  on  boai'd  the 
Caroliiir  was  in>i)racticable,  or  would  have  been  unavailing."  (Web- 
ster's Works,  Vol.  VI,  page  2(51.) 

liord  Asliburton  in  his  rejdy  says: 

"Every  consideration,  therefore,  leads  us  to  set  ashighlyas  yourOov- 
ernnu^nt  can  possibly  do  this  paramount  obligation  «)f  reciprocal  respect 
for  the  indejieudent  territory  of  each.  But  however  strong  this  duty 
uuiy  be,  it  is  admitted  by  all  writers,  by  all  Jurists,  by  the  occasional 
j)ra<'tiee  of  all  nations,  not  excepting  y«mr  own,  that  a  strong  overpow- 
ciing  necessity  nn»y  arise  when  this  great  i)rinciple  may  and  must  be 
K)is]H'ude(l.  It  must  be  ao,  for  the  shortest  ]>ossible  i)eriod  during  the 
continuance  of  an  admitted  overruling  necessity,  and  strictly  conlined 
within  the  narrowest  limits  imposed  by  that  uecessity.  Self-defense  is 
the  -'.i'st  lawof<uir  nature,  ami  it  must  be  recognized  by  every  code 
which  professes  to  regulate  the  condition  ami  relations  of  num.  Ujwu 
this  uHMlilication,  iff  may  so  call  it,  of  the  great  general  ]»rim'iple,  we 
se«Mn  also  to  be  agreed:  and  on  this  part  of  the  subject  I  have  done 
little  more  than  rejjeatthe  sentiments,  though  in  less  forcible  language, 
admitted  and  maintained  by  you  in  the  letter  to  which  you  refer  nu*. 

"  Agreeing,  therefore,  on  the  general  principle,  and  on  the  ])ossible  ex- 
ception to  which  it  is  liable,  the  only  question  betw«'en  us  is  wiu'ther 
this  occurrence  came  within  the  linnts  fairly  to  be  assigned  to  such  ex- 
ceptions; whether,  to  use  y<mr  words,  there  was  tliat  necessity  of 
self-defense,  instant,  overwhelming,  leaving  no  choice  of  means,  whieli 
j)rece(U'd  the  destruction  of  the  I'aroUne  while  moored  to  the  shore  of 
the  United  States.  (Jive  me  leave,  sir,  to  say,  with  all  possible  admi- 
ration of  your  very  ingenious  discussion  of  the  general  principles  which 
are  supposed  to  govern  the  right  and  practice  of  interference  by  the 
people  of  one  country  in  the  wars  and  quarrels  of  others,  that  this  part 
of  your  argument  is  little  applicable  to  our  immediate  case.  If  Great 
Britain,  America,  or  any  other  country,  sufifer  their  people  to  fit  out 


APPENDIX   TO   PART  TIIIIlll — DIVISION   II. 


187 


('X])0(liti*onH  to  tsikc  pnit  in  disfiint  (iiiiint'ls,  HinlMoiHliict  may,  arcord- 
iii^r  to  Hu»  <'irninistiiii('rs  ol' riu  ii  <'as<'.  Iir  Justly  niiittt'i'  of  j-oiiipljiiiit, 
iiiid  iM'iliiH).s  tlH'se  traiisiM  tioiis  have  ^i'lu'ially  ht'cii  in  lat»'  times  too 
mucli  ovi'ilookfd  or  conniviMl  at. 

"Uut  the  caso  wv  nrv  <'oiisi<l<'iinfr  is  of  a  wliolly  dilfcn'nt  (l('Scii|>tion, 
and  may  hv  ln'st  di'tt'iinincd  by  answering;  the  following' (pM'stion:  Sup- 
posinjr  a  man  standing  on  ;iiouiid  wImtc  you  liave  no  irjual  rij^lit  to  fol- 
low liim,  lias  a  woapon  lon;^' <'non;;li  to  i'«>ii<-li  yon,  and  is  striking'  you 
down  and  »'ndan;i«'i'in^'  your  lUo,  liow  lon^'  are  yon  bound  to  wait  for 
the  assistance  of  tlie  anlli(»rity  liavinj;'  tlie  leyal  ]tower  to  relieve  youT 
Or,  to  biinji'  the  fnets  moie  immedinlely  home  to  tlu' ease,  if  cannon 
are  mo\iii;i  and  seltinj>  up  in  a  battery  uhich  i-an  reach  you,  and  ar« 
actually  dcstroyinj>'  life  and  pn»]ierty  by  their  tiie;  if  you  hav»'  remon- 
strated tor  some  lime  without  ellci-t  and  see  no  ]>rospect  of  relief,  when 
beyins  yoiu'  rijiiht  to  defend  yourself,  should  you  have  no  other  means 
of  doin;-'  so  than  by  sei/inj;-  your  assailant  on  tlu'  verjie  of  neutral  ter- 
ritory?'' (lUitish  aiul  Toreij-n  Correspondence  for  J h4 J,  iSlli,  Vol.30, 
]»a};e  l!Mi.) 

Lord  Campbell  says  of  this  case  in  his  autobio{i;rai)liy  (Life,  etc., 
edited  by  iMrs.  Uardcastle,  1.S8J,  Vol.  L',  p,  US): 

"The  allair  of  the  <'on>linr  wan  nnu-h  more  ditllcult.  Kvi'U  Lord 
(Irey  told  me  he  thouylit  we  were  quite  wrony  i)i  what  we  had  done; 
but  assuminj;  the  facts  that  the  Curoliite  bad  been  enRaj;ed  and  when 
seized  by  us  was  slill  en}:a};'e«l  in  carrying;  sujiplies  aiul  military  stores 
from  the  American  side  of  the  river  to  the  rebels  in  Navy  island,  i»art 
of  the  J'.ritish  ti'iritory,  that  this  was  i>ermittcd  or  could  not  be  pre- 
vented by  the  American  authorities,  I  was  clearly  of  ojanion  that 
althouj^h  she  lay  (»n  the  Anieri<*an  side  of  the  river  when  she  was  seized, 
we  had  a  clear  rifiht  to  seize  ami  to  destrcjy  her,  Just  as  wemifjht  have 
taken  a  battery  erected  by  the  iebels«»n  the  American  shore,  the  y;unH 
of  which  were  tired  aj-ainst  the  Queen's  tr(»oi)s  in  Navy  Island.  1  wrote 
a  long"  Justification  of  our  (lovernment,  and  this  suitplied  the  arnuments 
used  by  our  foreign  secretary,  till  the  Ashburton  treaty  hushed  up  the 
disjiute." 

iMr.  Calhoun  said  of  it  in  a  speech  in  the  Senate  in  which  he  insisted 
that  the  capture  of  the  Caroline  in  American  waters  was  unjustifiable, 
because  unnecessary: 

"  It  is  a  fundamental  principle  in  the  law  of  nati<ma  that  every  state 
or  nation  has  full  and  comi)lete  Jurisdiction  over  its  own  territory  to 
the  exclusion  of  all  others,  a  pi'inciple  essential  to  independence,  and 
therefore  held  most  sacred.  It  is  accordinj-iy  laid  down  by  all  writers 
on  those  laws  who  treat  of  the  subject  that  nothing  short  of  extreme 
necessity  can  Justify  a  belli}2:erent  in  entering  with  an  anned  force  on 
the  territory  of  a  neutral  power,  and  when  entere<l,  in  doing  any  act 
which  is  not  forced  on  him  by  the  like  necessity  which  justilied  the  en- 
tering." 


'  il 


i.' 


[NOTE    1    (PAGE    156.)      NEGOTIATION'   BKTWEKN   UNITEI>  STATES  AND  OUEAT  DRITAIN 
RELATJVE  TO  THE  NEWFOUNDLAND  FlSllEiaES.] 


Mr.  Adams  says  ('locuments  relating  to  the  negotiations  of  Ghent, 
page  184): 

"That  fishery,  covering  the  bottom  of  the  banks  which  surround  the 
island  of  Newibundland,  the  coasts  of  New  England,  Nova  Scotia,  the 
Gulfs  of  St.  Lawrence  and  Labrador,  furnishes  the  richest  treasure  and 


18S 


AlUiUMKNT   OF   THE   IINITKD   RTATKS?. 


tlip  iiiosl  l)oii(>(ic('iif  trilintc  tlio  ocenn  pays  to  onvflion  Miis  torrnqneons 
ylolir.  \\y  I  lie  plt'iisun'  of  thf  < 'i«';it(»r  of  carflis  iiiid  sras,  it  liiis  Imtii 
coiistilnlcfl  ill  Its  |iliysical  iiatiirc  oiio  tislici-y,  cxtciKliii;;  in  tlio  ojn'ii 
s«'as  ai'uiiiiil  tliat  islaml  to  little  less  tliaii  live  drfrrco.s  of  latitiiile  from 
tlio  coast,  sprcafliiii;'  aloii^  tlic  wlioh'  iioithorii  roast  of  tliis  continent, 
anil  iiisiiiiiatiii<:'  its<-||  into  all  tla*  liays,  creeks,  and  harbors  to  the 
very  borders  of  tiie  shores,  l-'or  the  full  eiijoyineiit  of  an  e(|inil  share 
in  this  fishery  it  was  necessary  to  liavo  a  nearly  ^'eiieral  a<;cess  to 
every  pail  of  it.    *    •     * 

"  I5y  the  law  of  nature  this  lishery  bel(»ii;i<'d  to  tlie  iidiabitants  of 
the  rcjiions  in  the  n»'i;:hb(uhood  of  which  it  was  situated.  Jiy  the  con- 
ventional law  of  Mil  rope  it  beIon;:>('d  to  the  Knropean  nations  which  had 
formed  scttlenieiit,s  in  those  rejiions.  ^'raiice,  as  the  lirst  lu'iiu'ipal  set- 
th'r  in  them,  had  lony  claimed  excliisiv*;  riyht  to  it.  (Jreat  Jiritain, 
nio\  ed  ill  ii(»  small  de;;ree  by  the  value  of  tlie  flsheiy  itself,  had  nnule 
the  coiKpiest  of  all  those  rej>ions  from  France,  (by  force),  and  had  lim- 
ited, by  treaty,  within  a  narrow  compass  the  rifrht  of  Fran<*e  to  any 
share  in  the  iisheiy.  Spain,  npon  some  claim  of  prior  discovery,  had 
for  some  time  enjoyed  a  share  of  the  lishery  on  the  banks,  but  at  the 
last  treaty  of  ))eace  prior  to  the  American  Iievolution  had  expressly 
renoniiced  it.  At  the  commencement  of  the  American  devolution, 
therefore,  this  lishery  beloiijii'd  ex<'lnsively  to  the  l>n'ti.sli  natiou,  sub- 
iect  to  a  certain  limited  participation  in  it  reserved  by  treaty  stipu- 
lations to  France." 

lie  further  cites  (paj;e  I8'i)  an  act  of  the  British  Parliament  passed 
in  IMarch,  ISTo: 

"In  March,  177"),  the  IJritisli  Parliament  passed  an  act  to  restrain 
the  trade  and  coiiimen'e  of  thei>rovi!ieesof  Massachusetts  liay  arid  New 
JIam|>sliire.  and  colonies  of  Connecticut  and  IMiode  Island,  ami  Provi- 
dence Plantation  in  North  Ann*ri('a,to  (Jreat  IJritain,  Ireland,  and  the 
liritish  Islands  in  the  West  Indies,  and  to  "ohibit  such  provinces  and 
colonies  from  carryiiijn-  on  any  lishery  on  lae  banks  of  N'ewtbimdland 
and  (»thcr  ])la«('s  therein  mentioiie<l,  under  certain  conditions  and  limi- 
tations." 

And  the  remarks  of  Lord  North  in  bringiiifj  in  the  bill: 

"  In  i>arti(;nlar  he  said  that  the  fishery  on  the  banks  of  Newfound- 
land and  the  other  banks  and  all  the  others  in  America  was  the  un- 
doubted rijiht  of  Great  Jiritain;  ihcrr/ore  ice  mitjht  dinposc  of  them  as 
nw  jilcdsrd.^^ 

JVIr.  Adams  a.uain  observes  (pajye  187): 

"The  whole  fish er;/  (with  the  exception  of  the  reserved  and  limited 
right  of  I'lance)  was  the  exchtNive property  of  the  British  Fmiiire.  The 
rijiht  to  a  full  particii)ation  in  that  property  beloiifred  by  the  law  of 
nature  to  the  i)eoi>le  of  New  F>n.uiand  from  their  locality." 

And  ill  sni)port  of  the  validity  of  this  proi)rietary  ris'ht, he  quotes 
(l)a<>e  1(>7)  the  ]»assa^'e  from  Vattel  hen'tofore  cited.   (Vattel,  1  Ch.,  L*3.) 

lie  cites  also  (i)aji('  10!))  from  Valin  (Vol.  li,  page  093)  in  respect  to 
these  lisheries  as  follows: 

"As  to  the  right  of  11  'hiiig  upon  the  IjiJik  of  Newfoundland,  as  that 
island  whidi  is  as  it  were  the  seat  of  this  lishery  then  belonged  to 
France,  it  was  so  held  by  the  l-'rench  that  other  nations  could  naturally 
lish  there  only  by  virtue  of  the  treaties.  This  has  since  changed  by 
means  of  the  cession  of  the  island  of  Newfoun<lland  made  to  the  English 
by  the  treaty  of  Utrecht;  but  Louis  XIV,  at  the  time  of  that  cession, 
made  an  express  reservation  of  the  right  of  tishiug  upon  .the  bank  if 
Newiouudlaud,  in  favor  of  the  French  as  before." 


APFKNDIX   TO    PART   THIRD DIVISION    II. 


189 


English 
session, 
iank  of 


■And  Mr.  Adams  <|U<)t<'s(|»n}j«'  Hl!>)  from  Mr.  tlt'llersoii'M  Rrporton  tlio 
FislH'ri«'s,  of  February  1,  171M,  as  follow.s: 

'^Hpaiii  liad  formally  rcliiHiiiisltcd  li<>r  pn'tcnsioiis  to  a  participation 
in  tlu'st!  tisJM'ries  at  tliiM'losc  of  tin-  prcciMlin/;  war,  and  at  tlic  rnd  of 
this,  the  adjacu'iit  continent  and  islands  being  di\i<[ed  between  the 
IJniti'd  States  and  the  l-lnglish  and  French,  for  the  last  retained  two 
Huuill  islands  merely  for  this  object,  the  right  of  fishing  was  approjMi- 
ate«l  to  them  also." 

And  ln'  (pn»tes  also  (pages  ISO,  VM))  the  language  of  L)>rd  North  and 
Lord  lioughborongh  in  the  «lebate  in  Parlianu'iit  on  the  treaty  of  i7<).'J, 
in  which  the  eon<*ession  to  the  Ameiicans  in  that  tr«'aty  of  lights  of 
fishing  was  treated  us  an  improvident  and  unnecessary  concession. 


>  !i 


[NOTE  1,  PAOK  169.      KRF.NCH  LEGISLATION  FOR  RKVF.NUE  PIIOTFXTIOX.] 


limited 
.  The 
law  of 


Law  or  decree  of  August  0,  1701,  Title  in,  Artide  j.-.  'All  goods 
jn'ohibited  admission  which  may  be  entered  by  sea  or  bv  land  shall  bo 
contiscated  as  well  as  the  ships  under  titty  t<His,  etc." 

Article  II :  "All  prohibited  goods  shall  be  acco  i  .cd  for  according 
t<t  the  terms  of  the  above  article,  *  •  •  which  the  rev*  nue  ollicers 
shall  have  fouuil  within  the  two  leagues  of  the  coasts  on  \c.  sels  under 
lifty  t-ons." 

Tit!  13  of  the  police  in  general,  artidr  (>:  '"The  inspection  of  tho 
vessels,  tenders,  or  of  the  slooi)scan  take  place  at  sea  or  on  tiie  rivers." 

Article  Vii:  "The  ollicers  of  inspections  on  the  said  tenders  can 
visit  the  vessels  under  tifty  tons  which  may  be  i'onnd  at  sea  at  the  dis- 
tance of  two  leagues  from  the  coast,  and  to  receive  the  bills  of  lading 
concerrnng  their  cargo.  If  these  vessels  are  loaded  with  prohibitive 
goods  the  seizure  of  the  same  shall  be  made,  and  eontiscation  shall  be 
pronounced  against  the  master  of  the  vessel  with  a  penalty  of  live 
launlied  pcmnds." 

Law  or  decree  of  the  4th  (ierminal,  year  L'd,  March  24,  1704,  relating 
to  maritime  commerce  and  revenue: 

Title  II,  article  3:  "The  captain  arriving  within  the  tour  miles  of  tho 
coast  will  submit  when  required,  a  copy  of  the  manifest  to  tin*  custom- 
house oliicial  who  will  come  on  board,  and  will  vise  the  origiind." 

Article  7:  "The  captain  and  the  other  ollicers  on  the  revenue  vessels 
may  visit  all  ships  under  one  hundred  tons  which  are  at  anchor  or 
lutling  within  the  four  leagues  of  the  coasts  of  France,  excepting  they  be 
of  superior  strength.  If  the  ships  have  on  board  goods  of  which  the 
import  into  and  export  from  France  is  prohibited,  they  shall  be  confis- 
cated, as  well  as  the  cargoes,  together  with  a  tine  of  live  hundred 
pounds  against  the  ca])tains  of  the  ships." 

Provisions  eonflrmed  by  the  following  laws: 

Law  of  March  27,  1H17,  article  13:  "The  sa'iie  i)enalty  shall  be  aj)- 
idicd  in  the  case  provided  by  article  7  of  hr.v  of  the  4th  (ierminal,  year 
2,  Title  II,  to  ships  under  one  hundred  ton;,  overtaken,  except  they  be 
of  superior  strength,  within  the  two  myriameters  (foux'  leuijues)  of  the 
coasts,  having  on  boaid  tbibiddeu  uierchaudiise," 


TT 


190 


ABGUMENT  OF   THE   UNITED   STATES. 


ft 


I  ;.L'i 


■  'I 

,  (■; 

r  !i 

II: 


FOURTH. 

CONCURRENT  REGULATIONa 

The  five  questions  which,  in  the  order  adopted  by  the  Treaty,  are 
first  submitted  to  the  Tribunal  of  Arbitration,  may  for  practical  pur- 
poses be  reduced  to  two;  and  these  present  for  consideration  the  two 
general  grounds  upon  which,  in  the  contemplation  of  tlie  Treaty,  the 
United  States  might  assert  a  right  to  prevent  the  pursuit  and  capture 
of  the  Alaskan  fur-seals  on  the  high  seas.  The  first  is  the  i)()sse.ssion 
by  the  United  States  of  a  jurisdiction  or  right  to  exercise  authority  in 
Bering  Sea  sufficient  to  enable  it  to  protect  their  sealing  industries 
against  injury  from  the  prosecution  of  pelagic  sealing  by  the  vessels  of 
any  nation.  The  second  is  the  property  right  or  interest  in  the  seal  herd, 
or  in  the  iiuliistry  of  cherishing  and  cultivating  that  herd  on  the 
Pribilof  Islands,  and  taking  the  annual  increase  for  the  i)urpose  of 
supplying  the  world's  demand.  The  treaty  apparently  assumes  that 
a  determination  in  favor  of  the  United  States  of  tlie  question  of  juris- 
diction in  Bering  Sea  might  amount  to  a  final  disposition  of  the  whole 
substance  of  the  controversy;  but  it  is  cautious  in  this  particular,  and, 
having  in  view  the  extreme  importance  of  preserving  the  seals  from 
threatened  extermination,  contemplates  that  even  in  the  event  of  such 
favorable  decision  the  United  States  might  not  be  able,  by  any  exer- 
cise of  the  powers  thus  conceded  to  them,  to  insure  this  preservation ; 
but  that  regulations  to  be  adopted  by  the  concurrent  action  of  both 
nations  might  be  necessary;  .md  tliis  contemplated  possibiHty  is  not,  in 
the  view  of  the  Treaty,  displaced  by  any  determination  which  may  be 
reached  upon  the  question  of  property. 

The  seventh  article,  therefore,  b"oadly  provides  that: 

If  the  determination  of  the  foregoing  questions  as  to  the  exehisire 
mrisdietion  of  the  United  States  shall  Irore  the  suhjeet  in  such  posi- 
tion that  tlu^  concurrence  of  (heat  Britain  is  necessary  to  the  estab- 
lishment of  regulations  for  the  proper  protection  and  ])vcscrvati<)n  of 
the  fur-seal  in  or  habitually  resorting  to  the  Behring  Sea.  the  arbitrators 
shall  then  determine  what  concurrent  regnlations  ontside  the  jurisdic- 
tional limits  of  the  respe<!tive  governments  are  necessary,  and  over 
what  waters  bucU  regulutioua  should  extend,  etc.,  etc. 


CONCURRENT  REGULATIONS. 


191 


eaty,  are 
ticiil  pur- 

I  the  two 
leaty,  the 
id  capture 
>()Sse.ssion 
thoiity  in 
mdnstries 
vessels  of 
seal  herd, 
d  on  the 
►urpose  of 
imes  that 
n  of  juris- 
the  whole 
iilar,  and, 
eals  from 
ut  of  such 

any  exer- 
5ervation; 

II  of  both 
yis  not,  in 
;h  may  be 


e.rch(sire 
■luch  posi- 
he  estab- 
vatioii  of 
rbitrators 

Jiirisdic- 
and  over 


The  reasons  for  leaving  the  consideration  of  concurrent  regulations 
thus  broadly  open  are  manifest.  In  all  judicial  coutroversi<!s,  except 
such  as  plainly  involve  nothing  more  than  the  question  of  tlie  right  to 
a  money  i)ayuicnt,  the  particular  relief  which  may  be  best  suited  to  the 
exigency  of  the  case  can  never  be  accmrately  i>erceived  until  all  the 
rights,  both  principal  and  incidental,  are  ascertained;  and,  ccmse- 
quently,  the  character  and  extent  of  the  relief  are  left  to  be  determined 
along  with,  or  subsequent  to,  the  determination  of  the  merits  of  the 
case.  This  was  especially  true  of  the  present  controversy  in  the  form 
which  it  assumed  at  the  time  of  the  Treaty.  The  questions  at  that  time 
had  received  a  diplomatic  treatment  only.  This  disclosed  that  several 
novel  legal  questions  were  involved  concerning  which  the  high  contract- 
ing parties  were  not  agreed.  But  they  were  agreed  that,  whatever 
might  be  the  true  solution  of  such  questions,  there  was  one  object  ex- 
tremely desirable  to  both,  namely,  that  the  fur-seals  siiould  be  ju-eserved 
from  the  peril  of  exterininati(m.  If  it  were  determined  that  tlie  United 
States  had  no  property  interest  in  the  seals,  and  no  exclusive  jurisdiction 
in  Bering  Sea,  concurrent  regulations  would  certainly  be  necessary. 
And  if  it  were  determined  that  they  had  no  property  interest,  but  had  the 
exclusive  jurisdiction,  it  mightyet  be  that  the  inadequacy  of  aprotection, 
however  efficiently  exerted,  which  would  be  limited  to  these  waters, 
would  still  render  concurrent  regulations  necessary  to  complete  i)rotec- 
tion.  And,  even  if  it  were  determined  that  they  had  both  the  requisite 
juiisdiction  and  the  property  interest,  there  might  be  a  questi<m  con- 
cerning the  action  which  they  migiit  take  to  protect  such  interest  in 
the  Pacific  Ocean,  south  of  Bering  Sea.  Satisfiictory  conclusions  111)011 
all  these  questions  could  only  be  had  by  an  attentive  examination,  aided 
by  a  full  production  of  proofs,  not  only  of  the  questions  of  right,  but 
also  of  the  whole  subject  of  sealing,  and  of  tlie  practical  measures 
which  might  be  requisite  to  assure  the  protection  which  botii  i)arties 
agreed  to  be  supremely  desirable.  The  single  event  wiiich  apiicars  to 
have  been  regarded  as  possibli/  rendering  it  unne(;essary  to  consider  the 
question  of  concurrent  regulations  was  a  determination  that  the  United 
States  possessed  the  eKclusive  jurisdiction  in  or  over  some  part  of 
Bering  Sea.  A  proteiition  enforced  by  the  United  States  in  the  exer- 
cise of  sucii  an  authority  mi>jht  be  sufliciently  etfective  for  the  agreed 
purpose  of  preservation,  and  render  any  concurrent  action  on  the  i»art 
of  Great  Britain  unnecessary;  but  this  was  uncertain.  Hence  the  lan- 
guage o^  |lie  Treaty,  carefully  shaped  so  us  not  to  attempt  auticij)atiou8 


Ml 


!: 


iff 


192 


ARGUMENT   OF   THE    UNITED    STATES. 


whicli  niif^ht  be  disappointed,  made  it  the  duty  of  the  Tiibuiiiil,  ''if  the 
detenninatiou  of  the  loiejioinj;'  questions  as  to  the  exclusive  Juiisdic- 
tion  of  the  United  States  shall  Leave  ike  unhjevt  in  nucIi  a  jnhsiiion  tliat 
the  eoneurrenco  of  Great  IJiitaiu  is  necessary  to  tlie  establislmicnt  of 
regulations,"  etc.,  to  pro(!eed  and  "determine  what  concurrent  ref>u'ia- 
tions  outside  the  jurisdictional  limits  of  the  respective  GoverniueJits 
are  necessary,"  et<;. 

Tlie  first  question  whicli  arises  here  is,  what  is  the  scrpe  of  the  in- 
quiry which  the  Tribunal  is  called  upon  to  make'/  It  is  to  deter- 
mine what  regulations  consistent  icith  the  pursuit  of  pelagic  sealinf/  are 
necessary?  It  is  thus,  or  in  any  other  way,  limited  in  its  inquiry? 
It  may  be  urged  that  we  are  at  liberty  to  look  into  the  diplomatic 
comuuinications  which  preceded  the  treaty  aiwl  led  to  it,  with  the 
view  of  more  clearly  as(!ertaining  what  the  precise  intent  in  this 
and  other  respects  was,  and  that,  when  these  are  taken  into  view,  it 
appears  that  all  that  the  United  States  claimed  was  that  tlie  oi>era- 
tions  of  the  Canadian  sealers  should  be  placed  under  restrictions,  auch 
as  those  aHorded  by  a  close  time  and  pr<»hibited  areas. 

It  is  freely  adnutted  that  when  suggestions  were  first  made  for  the 
settlement  of  questions  growing  out  of  the  depredations  of  the  Cana 
dian  sealers  and  the  seizures  of  vessels  enq)loye(l  for  that  purpose,  it 
was  believed  by  the  United  States  that  the  substantial  enjoyment  by 
them  of  the  rights  acquired  by  their  ucquisition  of  Alaska  from  liussia 
might  be  secured,  and  the  heids  of  seals  protected  sulUciently  for 
that  purpose  by  some  scheme  of  restriction  in  place  or  time,  or  both 
of  pelagic  sealing.  And  it  is  believed  that  the  Government  of  Great 
Biitai'i  at  the  same  time  sui»posed  that  such  restrictions  would  suflice 
for  the  preservation  of  the  herd. 

But  the  whole  subject  was  at  that  time  novel  and  very  imperfectly 
understood  in  either  country.  The  cause,  i)eiagic  sealing  with  its  re- 
sults, which  gave  rise  to  the  complaints  on  each  side  was  recent,  and 
had  not  assumed  the  proportions  which  it  subsequently  exhibited,  nor 
was  the  actual  nmgnitude  of  it  at  that  time  known.  Nor  had  the  habits 
of  the  seals,  their  migrations,  and  the  places  at  which  they  might  from 
time  to  tinu!  be  found,  up<m  which  the  questicuis  resjiecting  rights  of 
proi)erty  in  them  so  nmch  dejiend,  been  studied  and  fully  ascertained. 
The  United  States  had,  from  the  first,  a  conviction  that  their  industry, 
which  came  to  them  as  a  part  of  their  ac(iuisitiou  from  llussia,  ol' cher- 
ishing' and  protectiui;  tUelv  jeals  u^ou  the  ]:'i'ibiluif  Inlands,  to  tUu  eu4 


CONCURRENT   REGULATIONS. 


193 


1,  "if  the 
jiiiisdic- 
iion  that 
liincnt  of 
t  rejiulii- 
n'luiuMits 


if  the  in- 
to d(iter- 
uliiifi  Jivo 
iiKiuiryf 
ph>iiiatic 
with  the 
:  ill  tlii.s 
)  view,  it 
lie  opeia- 
)us,  aiich 

e  for  the 
tlie  Caiia 
irpose,  it 
'incut  by 
11  liussia 
iitly  ior 
or  botli^ 
of  Groat 
(1  sutlice 

lorfectly 
th  its  re- 
c'lit,  and 
itod,  nor 
i(*  liabits 
si'lit  from 
ri^lits  of 
Ml  allied, 
udustry, 
of  cher- 
tUu  eud 


tbat  tliey  might  appropriate  to  tliemselves  the  aiimial  itioroase  without 
impairing  the  stock,  could  not  be  destroyed  by  the  indiscriminate  and 
unrestricted  slaughter  of  the  animal  upon  the  seas.  What  the  precise 
nature  of  their  right  was,  and  wliat  its  limits  were,  had  not  been  sub- 
jected to  thorough  consideration.  That  they  could  prevent  marauding 
upon  the  islands  themselves  and  in  the  waters  iminediately  surround- 
ing them,  and  also  any  hovering  in  the  neigldxnliood  of  them  for  such 
purposes,  seemed  too  plain  for  question.  And  in  vi«;w  of  tlie  circum- 
'•^tance  that  this  industry  had  been  cherished  by  Russia  for  half  a  cen- 
tury, and  that  the  claims  to  prohibitive  jurisdiction  over  Bering  Sea  had 
been  for  a  similar  period  asserted,  and,  as  was  behevedby  the  Govern- 
ment of  the  United  States,  for  the  most  part  acquiesi-ed  in,  it  seemed 
to  tlie  Congress  of  the  United  States  a  reasonabk^  exercise  of  natural 
rights  to  prohibit  the  capture  of  fur-bearing  animals  in  the  eastern  half 
of  Bering  Sea,  and  hiws  were  enacted  by  that  body  designed  to  elfect 
such  prohibition. 

These  Ijiws  were  not  limited  in  their  operation  to  citizens  of  the  United 
States,  but  might  be  enforced  against  the  citizens  of  other  nations; 
and  while,  by  their  terms,  they  assumed  to  be  oi)erative  only  over  the 
Territory  of  Alaska  and  "the  Maters  tliereof,"  their  language  was  in- 
terpreted to  include  so  much  of  Bering  Sea  as  was  embraced  by  the 
terms  of  the  cession  from  Russia  to  the  United  States.  At  tirst  there 
was  little,  if  any,  occasion  for  any  attempt  to  enforce  the  iirohibitions 
of  this  legislation  against  any  persons  engaging  in  pelagic  sealing.  It 
was  not  until  the  year  188G  that  this  mode  of  pursuit  had  been  prose- 
cuted sufBciently  to  attract  the  serious  notice  of  the  United  States; 
but  in  that  year  quite  a  large  number  of  vessels  were  fitted  out  for  tliis 
purpose  from.  Canadian  ports  on  the  northwest  coast,  and  entered  Her 
ing  Sea.  Some  of  them  were  captur(!d  by  armed  vessels  of  tlie  United 
States,  and  demands  for  the  release  of  them  were  inuile  by  iler  Ma- 
jesty's Government. 

In  the  diseussions  which  followed  those  demands,  the  right  of  the 
United  States  to  make  such  captures  was  asserted  by  them  and  denied 
by  Her  Majesty's  Government;  but  the  destructive  tendencies  of  the 
pursuit  thus  sought  to  be  prevented  by  the  United  States  was  substan- 
tially a<lmitted  and  regarded  on  botii  sides  as  threatening  practical  ex- 
termination of  the  animals.  Tliis  would  have  affected  most  disastrous- 
ly the  interests  of  both  nations.  Both  would  thereby  lose,  in  common  with 
the  world  at  large,  the  benetits  derived  from  the  useful  products  of  that 
14749 '".. 


f 


194 


ARGUMENT    OF   THE    UNITED    STATES. 


animal.  Aiitl  while  the  United  States  wonld  be  snbjected  to  apavticn- 
lar  injury  in  being  deprived  of  the  profit  coming  from  the  sealing  in- 
dustries on  the  Pribilof  Islands,  Cauiida,  one  of  the  dependencies  of 
(Ireat  Uritain,  wonld  lose  the  sui»i)Osed  benefit  of  ix-lagic  sealing;  and 
England  would  be  subjected  to  the  far  greater  loss  which  wouUl  c<)me 
from  the  breaking  uj>  of  her  industry  in  the  niannfacture  of  the  seal- 
skins, in  which  some  tliousands  of  her  pe(»ple  were  engiigcd. 

These  considerations  naturally  h-d  t(t  the  suggestion  that  both  nations 
I)08sessed  snch  a  ctmmion  interest  in  the  preservation  of  the  herd  as  to 
make  it  expedient  for  them  to  nmke  an  elfort  to  reach  some  agreement 
designed  to  bring  about  thatresnlt,  which,  if  successful,  would  aotoidy 
terminate  the  existing  dispute,  but  subserve  the  permanent  interests 
of  tlie  parties. 

In  the  absence  of  full  and  correct  inftu'ination  by  the  diplomatic  rep- 
resentatives of  ihe  two  governments  of  the  nature  and  habits  of  the 
animal  and  of  the  laws  governing  its  reproduction  and  increase,  the  pe- 
culiar device  for  the  preservation  of  wild  animals  by  restiicting  their 
slaughter  to  a  limited  time  was'suggested,  and  a])parently  accepted  on 
botli  sides,  almost  immediately,  as  being  likely  to  furnish  a  sullicient 
safeguard  against  the  apinehended  destruction.  The  time  during 
whi(;h  such  a  restriction  slnmld  be  enforced,  the  only  j)oint  upon  which 
diHerence  of  opinion  might  have  been  anticipated,  was  at  once  agreed 
upon,  and  tliere  can  be  little  doubt  that  a  formal  agreement  would  have 
been  innnediately  franu'd  and  ratilied,  had  not  Canada, moved,  presum- 
ably, by  the  remonstrances  of  her  pelagic  sealers,  interposed  and  pressed 
an  objection.'  It  is  fortunate,  in  the  view  of  the  United  States,  that 
such  an  agreement  was  not  consumuiatcd.  It  would  have  proved 
wholly  illusive. 

The  foundation  of  this  concurrence  in  the  device  of  a  cJofic  acanonwas 
the  predominating  necessity  of  preserving  the  animals  from  extinction; 
and  tiiere  is  no  reason  to  supi)ose  that,  had  it  then  appeared  that  ab- 
solute prohibition  of  pelagic  sealing  was  re([uisite  to  that  end,  such  pro- 
hibition would  have  been  acceded  to  in  the  absence  of  remonstrance 
from  Canada,  originating  in  the  present  interest  of  jiersons  engaged  in 
pelagic  sealing,  an  interest  which  regarded  with  com[»arative  inditl'er- 
ence  the  eventual  fate  of  the  aninnil.  It  is  not  to  be  supposed  that  the 
enlightened  statesmanship  of  Lord  Salisbury,  unembarrassed  by  any 


'  Diplimntif  Correspoiuloaco,  Cuso  of  tUo  Uuitod  States,  Appciulix,  Vol.  I,  pp.  175 
to  Ib'J,  iuclusivw. 


CONCURRENT    REGULATIONS. 


195 


i 


,  pp.  175 


difficulty  {jrowjiig  out  of  tlie  opjiosition  of  Ji  groat  dei)on(lcncy  of  tho 
British  EmpirOj  would  luivo  insisted  for  a  niomont  uixm  acontiiuu'd  iu- 
dulgonoc  of  the  pursuit  of  jjelnjiic  scaliiiin-,  had  it  appeared  that  such  a 
a  course  would  have  involved,  iu  the  near  future,  the  i)ra('tieal  exleriui- 
uationof  the  fur-seals.  He  surely  woidd  not  have  saerilieed  the  inter- 
ests of  the  world  and  the  very  large  special  nuuiufacturing  interest  of 
(Jreat  Britain,  in  order  to  save  for  a  few  years  a  pursuit  which  was  lap- 
idly  woilving  the  destrucfiun,  not  only  of  the  great  interests  above  re- 
ferred to,  but  also  of  itself. 

The  failure  of  the  negotiations  referred  to  left  the  situation  involved 
not  only  with  the  existing  tlis[Kite,  hut  aggravated  by  the  certainty 
that  fresh  causes  of  irritation  and  contention  would  constantly  arise; 
and  the  proportions  of  the  controversy  continued  to  increase  until  the 
peaceful  relations  of  the  two  governments  became  most  seriously 
threatened.  A  renewal  of  negotiations  ensued,  wliich  led  to  the  raliii- 
cation  of  the  Treaty  undci'  which  the  present  Trihnnal  lias  been  consti- 
tuted. Whatever  nuiy  have  been  the  effect  of  tlie  later  lu'gotiatious 
in  separating  the  parties  nu)re  widely  upon  the  main  questions  of  right 
involved  in  the  controversy,  there  is  one  point  upon  wliich,  having  been 
substantially  agreed  at  first,  they  were  brought  more  and  more 
into  unison,  namely,  the  predominating  necessity  of  jireserving  tho 
seals.  The  Seventh  Article  of  the  Treaty  calls  upon  the  Tribnnal  to 
determine  simply  "  what  concurrent  regnlati»»ns  outside  tlie  juris- 
dictional limits  of  the  respective  governments  are  necessary  to  the 
proper  protection  and  preservation  of  the  fur-seals."  Fitness  for  tlie 
actomplishment  of  that  end  is  the  only  description  in  the  Treaty  of  the 
regulations  which  this  Tribnnal  is  to  ascertain  or  devise.  After  the 
art;  had  assumed  its  [)resent  form  in  the  negotiations,  some  effort 
was  nuide  by  Lord  Salisbury  to  restrict  its  effect  to  confer  ujion  the 
Tribunal  the  full  discretion  which  its  terms  import;  but  this  was  re- 
sisted on  the  part  of  the  United  States,  and  the  attemi)t  was  abandoned.^ 

The  foregoing  brief  review  of  the  negotititions  will  serve  to  show  that 
the  authority  and  discretion  of  the  Arbitrators  in  respect  of  concurrent 
regulations  is  wholly  unrestricted,  except  by  the  single  condition  that 
they  are  to  be  operative  only  outside  of  the  municipal  jurisdi(;tions. 
There  is  not  only  no  language  imiiorting  that  some  form  or  degree  of 
that  pursuit  is  to  be  retained,  but  there  is  no  implication  even  to  that 

'  lliplonmtic,  Correspouilciice,  Caso  of  tlio  United  States,  Ai)i)emlix,  Vol.  I,  pp, 
i'id  to  345,  iuelajnivot 


■. ! 


196 


ARGUMENT  OF  THE  UNITED  STATES. 


effect.  It  is  not  said  that  tliey  are  to  be  iej;ulations  of  pelagic  seaHng. 
They  are  rej;ulatioiis  "  outside  of  the  jurisdictional  limits  ofthe  respect- 
ive governments,"  and  "  lor  the  proper  protection  and  preservation  of 
the  fur-seal." 

We  are  thus  brought  to  the  main  question :  What  regulations  are  ne- 
cessary? Tills  depends  ni»()ii  a  consideration  of  the  nature  and  habits  of 
the  seals,  the  perils  to  which  they  are  exposed,  the  caus<'s  which  oi)er- 
ate  to  diminish  their  nuudiers  and  prevent  their  reproduction,  and  the 
contrivames  calculated  to  be  most  etlectual  to  prevent  the  operation  of 
those  causes.  It  will  be  at  once  per<!eived  that  such  a  discussion  nnist 
be,  iu  great  part  at  least,  a  sinipU;  repetition  of  that  already  gone 
tlirough  with  upon  the  question  of  the  claim  of  a  property  interest. 
This  comes  from  the  circumstance,  whicdi  we  trust  has  been  made  suf- 
llciently  manifest,  that  the  institution  of  property  is  but  the  result  of 
the  solution  by  society  of  very  much  the  same  question  which  we  are 
now  i)roposing  to  enter  upon.  Human  society  has  had  before  itself 
repeatedly  or  rather  constantly,  from  its  first  beginnings,  this  same 
(question — ichat  retjutations  are  neeesxary  to  preserve  the  useful  raves  of 
animals — and  the  uniform  solution  has  been  to  devise  and  adopt  that 
particular  (ilass  of  regulations,  which,  taken  together  and  enforced,  con- 
stitute the  institution  of  private  property  and  its  attendant  safeguards, 
so  far  as  that  exjtedient  is  possible  and  effectual  to  the  end;  and  it  has 
been  found  thus  possible  and  eflectual  in  the  case  of  all  those  animals 
which  voluntarily  so  far  subject  themselves  to  human  control  as  to  enable 
their  masters  to  appro]>riate  the  increase  without  destroying  the  stock. 
In  respect  to  those  races  which  can  not  be  subjected  to  human  control 
the  solution  has  been  to  devise  that  class  of  regulations  simply  restrict- 
ive of  slaughter,  of  which  ordinary  game  laws  are  the  types. 

Inasnmch  as  it  is  indisputable  that  the  fur-seals  of  Alaska  are  ani- 
mals which  submit  themselves  to  human  coidntl,  so  far  as  to  enable  the 
l)roprietors  of  the  soil  to  which  they  resort  to  take  for  human  use  the 
utmost  increase  without  destroying  the  stock,  the  question  what  regu- 
lations are  necessary  for  their  propter  protection  and  preservation  is  at 
once  and  finally  answered.  There  is  but  one  regulation  needed  "out- 
side the  jurisdictional  limits  of  the  respective  governments,"  and  that 
is  that  all  pelagic  sealing  by  the  citizens  of  either  nation  be  absolutely 
prohibited.  Unless  the  uniform  experience  of  human  stxiiety  from  the 
earliest  times  in  respect  to  sucli  classes  of  animals  is  wM  likely  to  bo 
repeated,  or  unless  it  seem  probable  that  this  Tribuual  has  the  wisdom 


CONCURRENT   REGULATIONS. 


197 


and  ingonnity  to  devise  other  regiilationa  wliich  hnmau  society  has 
never  as  yet  been  able  to  eoiu^eive,  which  will  elVcctually  coiinter.act  the 
destructive  tendency  of  pursuit  by  men  excited  and  inllained  by  the 
greed  for  gain,  that  regulation  must  certainly  be  deemed  necenftarj/. 

We  might  well  dismiss  the  subject  of  regulationa  at  this  point,  as 
needing  no  further  elucidation,  and  should  do  so  except  lor  the  circum- 
stance that  it  may  possibly  be  considered  that  there  is  still  a  doubt 
concerning  the  extent  and  degree  of  the  destru(;tive  tendency  of  a 
method  of  indiscriminate  slaughter  such  as  ju'lagic  sealing  is.  Tlmt  it 
opciates  directly  to  diminish  tlie  birth  rate  by  sacriflcing  females  in- 
stead of  males,  that  it  sacrifices  large  numbers  which  are  never  recov- 
ered, and  that  this  is  unnecessary,  because  there  is  a  mode  of  selective 
slaughter  which  involves  neither  of  these  torms  of  waste,  is  undeniable; 
and,inasauich  as  it  is  conceded  by  the  JointRe])ortof  theConiinissioners 
of  both  (Tovernments  that  under  this  mctliod  of  capture  the  seals  are 
diminishing  with  cumulativ(i  rapidity,  there  seems  to  be  wanting  mi  ele- 
ment recpiisite  to  justify  the  contdusiou  that  this  absidnte  prohibition  is 
necessary.  But  it  may  still  be  contended  tha^  this  mode  of  slaughter 
may,  without  absolute  prohibition,  be  so  restricccd  as  to  be  compatible 
with  the  preservation  of  the  race.  This  position  is  ttssumed  in  the  Re- 
port of  the  Connnissioners  of  Great  Britain,  but  no  proofs  are  adduced 
or  reasons  offered  by  them,  to  make  good  their  assum[ttion. 

The  first  point,  therefore,  whi(!h  should  engage  our  attention  is 
whether  any  allowance  of  pelagic  sealing,  however  n^stricted  in  place 
or  time,  is  comjjatible  with  the  permanent  existence  of  the  seal  herd. 
By  the  terms  "any  allowance,"  we  do  not  mean  the  least  measure  of 
formal  permission,  such,  for  instance,  as  would  allow  the  pursuit  to  be 
carried  on  during  the  months  of  December  and  Janiiar}- only,  when  the 
seas  are  so  rough,  and  the  seals  fouiul  with  sucii  dilllculty  that,  there 
is  no  temptation  to  engage  in  the  enterprise,  but  such  permission  as 
would  afford  some  chance  of  success,  and  tempt  undertakings  that  would 
result  in  the  capture  of  considerable  numbers  of  seals.  Any  license 
more  restricted  than  this  would  be  wholly  unimi)ortant  as  a  license,  and 
not  worth  divScussiou.  It  would  amount  for  all  substantial  purposes  to 
ab.solute  prohibition,  and  should  be  viewed  as  such. 

The  question  to  which  a  clear  answer  should  first  be  given  is,  "What 
causes  a  diminution  of  the  herd?"  It  might  at  first  be  hastily  supposed 
that  any  killing  of  seals  would  work  pro  tanto  a  decrease  of  the  nor- 
mal uumbors;  but  a  moment's  retlectiouwill  show  that  this  is  not  neces- 


198 


ARGUMENT   OF   THE   UNITED   STATES. 


saiily  trno.  The  animal  bpinj;  polygamous,  and  cM-h  male  sufTiciiig 
for  from  thirty  to  fifty  or  inoro  females,  wo  have  only  to  apply  common 
barnyard  knowledge  in  order  to  learn  that  under  normal  eonditions 
there  must  always  be  i>r()dueed  a  large  number  of  superfluous  males, 
whieh,  if  not  taken  away,  would,  of  themselves,  by  their  fierce  and 
destrnetive  contests  for  the  possession  of  the  females,  not  oidy  destroy 
themselves  in  large  numbers,  but  greatly  interfere  with  and  obstruct 
the  work  of  reproduction.  Tliis  superfluity  of  males,  therefore,  may 
be  taken  not  only  without  injury,  but  with  positive  benefit  to  the  herd. 
It  is  rbvious  that  it  is  only  hy  <1i in! nisli in ff  the  birthrate  that  the  nor- 
mal numbers  of  the  herd  can  be  injuri(»usly  affected.  If  the  seals  were 
not  interfered  with  by  man  the  herd  would  increase  in  number,  until 
by  the  operation  of  natural  conditions  tending  to  restrict  increase,  and 
which  operate  with  aceunudating  force  as  the  numbers  become  large, 
such  as  deficiency  of  food,  want  of  convenient  room  on  the  breeding 
places,  the  occupation  of  the  males  in  destructive  warfare  among  them- 
selves, which  must  greatly  interfere  with  the  work  of  reproduction,  the 
deaths  become  e(pial  to  the  births.  The  numbers  of  the  herd  will, 
other  things  being  unchanged,  then  remain  constant.  This  is  so  clearly 
exidained  in  the  K- port  of  the  Commissioners  of  the  United  States  thr.t 
it  is  unnecessary  to  further  enlaige  upon  it  here.* 

Disregarding  the  causes,  other  than  the  interference  of  man,  whicli 
may  operate  to  reduce  the  numbers  of  the  herd,  such  as  killer-whales 
or  other  enemies,  or  insufllciency  of  food,  or  disease,  matters  concerning 
which  we  have  little  or  no  knowledge,  it  is  manifest  that  the  killing  of 
a  single  breeding  female  must, pro  tanto,  operate  to  diminish  the  num- 
ber of  births  and  thus  tend  towards  the  destruction  of  the  animal.  We 
need  go  no  further.  The  conclusion  from  this  single  fact  is  certain  and 
irresistible.  Pelagic  sealing  means  the  killing,  pri no i pally  of  females 
and  breeding  females;  and  if  practiced  to  such  an  extent  as  to  sacrifice 
such  females  in  considerable  numbers,  inust,  in  proportion  to  the  num- 
bers sacrificed,  work  a  destruction  of  the  herd;  and  the  question  w^hen 
the  destruction  will  be  so  comjdete  as  to  amount  to  a  sweeping  away  of 
the  seals  as  a  subject  of  value  in  commerce  is  a  question  of  time  only. 

It  is  respectfully  submitted  to  this  Tribunal  that  right  here  is  an  ond 
of  legitimate  debate.  Any  further  discussion  must  relate  to  a  question 
how  far  man  can  tamper  with  the  laics  of  nature  without  incurring  an 
injurious  penalty.    The  answer  of  a  tribunal  bound  to  take  notice  of 

» Case  of  the  Uiiitod  States,  pp.  346-350. 


CONCIJUUENT    UKGULATIONS. 


199 


and  administer  the  law  of  nature  should  bo  instant  and  decisive  that 
he  ean  not  tamper  with  them  at  all.  His  solo  business  is  to  ascertain 
and  obey  thom,  well  knowiu}?,  as  ho  does,  that  any  violation  of  them 
entails,  with  the  certainty  of  fatr,  its  corrfspondiiij;:  jmiiishment. 

But,  uotwithstandiii},',  let  the  iniiiiiry  ho ir  soon  the  destruetion  woidd 
bo  complete  be  pursued.  And,  for  this  inup(tse,  let  it  be  assumed  that 
the  jtresent  magnitude  of  the  pelagic  catch,  and  the  conseciuent  destruc- 
tion of  females,  bo  continued.  That  catch  amounted  in  ISiH  to  (58,000, 
according  to  the  report  of  the  IJritish  Commissioners,'  and  the  number 
of  victims  dying  from  wounds  and  not  recovered  is  not  included.  Ii 
we  knew  what  the  nundjcr  of  breeding  females  in  the  lierds  was  at  the 
same  time,  some  ground  for  conjecture  would  be  furnislied.  lint  of  this 
we  are  wholly  ignorant.  We  do  not  know  the  numbers  even  of  the 
whole  herd  at  that  or  any  other  time,  still  less  the  number  of  breeding 
females.  All  conjectures  ui)on  Hiese  points  are  wild  and  untrustworthy. 
But  there  are  some  facts  within  our  knowh'dge  which  throw  a  certain 
measure  of  light  upon  the  in([uiry.  Wo  know  something  concerning 
the  average  drafts  made  by  tiio  Itussians  during  their  occupation  ol 
the  islands,  an<l  which  were  coniined  to  nonbrccdinff  males. 

According  to  the  Itep(U't  of  the  British  Commissioners  the  average 
annual  draft  for  the  eighty-one  years  of  Itus  iian  occupation  was  3-1,000.* 
But  inasmuch  as  this  includes  long  periods  of  iibstinenco  made  neces- 
sary by  the  depletion  of  the  herd,  from  exceptional  or  unknown  causes, 
it  would  probably  be  nearer  to  the  truth  to  place  the  usual  draft  un- 
der the  Russian  occupancy  at  from  50,000  to  75,000.  And  during  this 
period  the  draft  was  often  made  smaller  than  it  might  safely  have  been, 
by  reason  of  a  diminished  demand  in  the  market.  The  smaller  num- 
ber, however,  would,  obviously,  bo  less  favorable  to  any  indulgence  ot 
pelagic  sealing.  Wo  also  know  that  iimler  the  more  careful  manage- 
ment of  the  United  States  an  annual  draft  of  100.000  was  made  with- 
out any  observed  serious  diminution  of  the  herd  until  after  pelagic  seal- 
ing had  assumed  large  proportions.  It  may,  therefore,  probably  be 
assumed  as  reasonably  certain  that  under  normal  conditifuis,  the  herd 
contains  such  a  number  of  breeding  females  as  will  allow  an  annual  talcing 
of  100,000  nonbreeding  males,  provided  pelagic  scaling  is  prohibited,  and 
that  this  draft  of  100,000  is  the  limit  of  nondestructive  capture.  Taking 
the  pelagic  catch  of  1891,  which  was  68,000,  there  mu^it  be  added  to  it 
the  number  killed  and  not  recovered;  which,  as  we  wish  to  keep  very 


'Pago  207. 


•Page  8. 


200 


ARGUMENT  OP  THE   UNITED  STATES. 


fl 


far  within  tlie  truth,  may  bo  taken  as  one  in  every  four.  The  number 
08,000  represents,  therefore,  three-fourths  only  of  the  total  killed,  which 
would  thus  amount  to  08,000  plus  22,000,  or  90,006.  Of  this  number,  ob- 
Rervinj;  the  same  eaution  in  statement,  at  least  three-fourths  arc  females, 
which  would  thus  number  08,000,  or  the  number  juiually  recovered. 
How  many  of  these  may  be  barren  females,  there  is  no  means  of  as- 
certaiiiiujuf.  Wo  have  no  reason  to  suppose  that  the  number  is  con- 
siderable. 

The  (piestion  whether  it  would  take  a  long  or  short  ])eriod  to  sweep 
away  the  herd  if  08,000  females  were  actuiilly  taken  from  them  each 
year  furnishes  its  own  answer.  The  same  annual  subtraction  from  ^ 
('(instantly  diminishing  sum  would  be  an  accelerating  progress  of  de- 
struction which  would  soon  complete  its  work,  even  if  all  takin<)  of  seals 
on  the  land  icere  prohibited.  The  only  cause  tending  to  moderate  the 
rapidity  of  the  destruction  would  be  the  increasing  difficulty  of  secur- 
ing the  annual  08,000  with  the  diminishing  number  of  females;  but  as 
this  number  diminished,  the  draft  would  be  proportionately  larger;  and 
even  this  check  upon  the  destruction  would  be  done  away  with  by  the 
increasing  force  employed  in  the  pelagic  slaughter,  so  long  as  the  i)ur- 
suit  held  out  a  chance  of  profit;  and  the  constantly  increasing  pri(;e  of 
skins — the  sure  result  of  a  diminution  of  the  supply  in  the  market — 
would  help  to  stimulate  the  prosecution  of  the  work. 

It  is  no  longer  matter  of  wonder  that  the  nnu'h  sn)aller  pelagic  catch, 
.amounting  in  1882  to  12,000,  and  annually  increasing  until  it  amounted 
in  1887  to  37,r)00/  had  produced  an  effect  which  be(;ame  distinctly  man- 
ifest at  the  breeding  places  in  1889  and  J  890,  by  the  difficulty  of  finding 
the  regular  number  of  100,000  young  n^ales  for  the  piirpose  of  slaughter, 
M  hich  led  to  an  order  to  arrest  the  further  killing.  It  would  be  there 
that  the  invasion  upon  the  numbers  of  the  herd  would  be  first  observable. 
No  one  could  tell  from  any  survey  of  the  whole  herd,  stretched  out  over  in 
the  aggregate  some  10  miles  in  extent,  and  presenting  differing  appear- 
ances from  time  to  time,  that  the  numbers  had  diminished  untD  the 
diminution  had  reached  an  advanced  stage;  but  any  considerable 
decrease  in  flie  number  of  breeding  females,  involving,  as  it  would,  a 
decrease  of  births,  would  soon  become  manifest  in  the  crucial  practical 
test  of  selecting  the  quota  of  killable  young  males.* 

But  counsel  for  Great  Britain  may  protest  that  it  is  not  to  the  pur- 


'R(?port  of  Brit.  Com.,  p.  207. 

'Koi)oit  of  Am.  Com.,  Case  of  the  Unitcil  States,  pp.  341-315. 


CONCURRENT   REGULATIONS. 


201 


])oso  to  (lisiMiss  t1i«' ofT'octa  of  ptrscitt  pclMfjic  sliiiijjlitfv,  bornnso  ovory- 
oiu'  coiKU'di'S  tliat  it  is  (l<'stnu'tivo  iind  should  bo  li'stiictcd.  It  is  true 
tliar  this  is  adinittod  cvtMi  by  tlic  Coinmissioiurs  of  (licat  Uiitain, 
altlioiigli  they  assert  tliat  th<'destni«tioii  is  in  part  iiiij)iitabl<'  to  oxces 
sive  killing  of  males  upon  tho  ishinds;  but  it  is  nono  the  less  proper 
tliiit.  in  the  inquiry  we  are  now  upon,  hoir  mum  a  destructive  iiietlKtd 
of  ea])ture  will  result  iin'oiuplete  destruetion,  \v«'  should  hri/iii  with  a 
(Icjji'ee  of  it  rtduiitied  to  be  si)eedily  fatal.  It  tends  to  simplify  tlM>  in- 
quiry by  draviingf  attention  to  the  point  how  far  any  supfi-estetl  nietii- 
ods  of  destruction  will  arrest  this  fatal  destruetion  of  females. 

The  problem,  of  course,  is  to  devise  some  method  of  ])elap,ie  sealinp: 
which  will  prevent  this  measuie  of  destruction,  or  anything  approa<h- 
inj;-  it.  We  must  here  turn  our  attention  to  the  methods  sufjjjested  by 
the  British  Commissioneis.  They  have  exercised  their  in<jeiiuity  to  the 
utmost  upon  this  point,  and  if  the  measures  proposed  by  them  are  in- 
adequate, we  may  reasonably  infer  tha,t  no  sutliciently  eft'ective  ones 
can  be  devised.  The  final  result  of  tlieir  efforts  is  embodied  in  what  is 
termed  by  them  "  Specific  scheme  of  lieji^idations  recommended."  This 
is  contained  in  the  following  paragraphs  of  their  Keport: 

ISf).  In  view  of  the  actual  condition  of  seal  life  as  it  presents  itself 
to  us  at  the  present  time  we  believe  that  the  reciuisite  degiee  of  protec- 
tion would  be  afforded  by  the  ajjplication  of  the  following  specilic  limi- 
tations at  shore  and  at  sea: 

(o)  The  maxinnun  number  of  seals  to  be  taken  on  the  Pribilof  la 
lands  to  be  fixed  atoO,(M)(). 

(h)  A  zone  of  protected  wateis  to  be  established,  extending  to  a  dis- 
tance of  20  nautical  nnles  from  the  islands. 

{<;)  A  close  season  to  be  provided,  extending  from  the  tilth  Septem- 
ber to  the  Ist  May  in  each  year,  during  which  all  killing  of  seals  shall 
be  pr<diibited,  with  the  additional  ])rovision  that  no  sealing  vessel  shall 
enter  Behring  Sea  before  the  1st  July  in  each  year, 

lofi.  I{espe(!ting  the  compensatory  featuv(M)f  such  si)ecificregulati(ms, 
it  is  believed  that  a  Just  scale  of  ccjuivalcncy  as  between  shore  and  sea 
sealing  wouhl  be  found,  and  a  complete  clieck  established  against  any 
undue  dinnnution  of  seals,  by  adopting  the  foUowing  as  a  unit  of  com- 
pensatory regidati(ui: 

For  each  decrease  of  10,000  in  the  number  fixed  for  killing  on  the 
islands,  an  increase  of  10  nautical  miles  to  be  given  to  tli<^  widtli  of 
protected  waters  about  the  islands.  The  minimum  number  to  be  fixed 
for  killing  on  the  islands  to  be  10,000,  corresponding  to  a  maximum 
v/idth  of  protected  waters  of  00  nautical  miles. 

157.  The  above  regulations  represent  measures  at  sea  and  ashore 
sufficiently  equivalent  for  all  practical  purjjoses,  and  ])robably  embody 
or  provide  for  regulations  as  applied  to  sealing  on  the  high  seas  as 
stringent  as  would  be  .admitted  by  any  mari*  ime  power,  whether  di- 
rectly or  only  potentially  interested.' 

■Report  of  Br.  Com.,  p.  25. 


202 


ATIOUMF.NT   OF   THE    U?nTi:i)   STATES. 


11 


JM'  f 


TIio  first;  obsciviition  in  relation  totliis  snyycstcil  scliemo  wlifdi  we 
luivti  to  i.'iikc,  istliiit  itbojiiiis  witli  a  restriction,  not  npoii  pchnjic  Heal- 
ing,', but  nj)on  tlie  takin};  of  seals  upon  the  Prihihif  Inhinils,  proposing 
a  rcstri(!lion  oilliat  to  00,000  annually.  This  is  wholly  inadmissible. 
Whatever  the  «listinf;uishe(l  Coniniissioners  may  tliink  ]»roper  or  desir- 
able in  the  way  (»i"  lestrietion  upon  tiie  action  of  the  United  States 
upon  its  own  soil,  it  never  occuned  to  the  (It)vernment  of  (ireiit  Brit- 
ain to  ask  that  that  nation  should  submit  the  exercise  of  its  sovereign 
power  to  the  authority  of  any  tribunal;  nor  have  we  anyreas<tn  to  sup- 
pose that  the  dii)loniatic  repiesentatives  of  (ireat  Britain,  at  any  time 
in  the  course  of  the  negotiations  which  resulted  in  the  Treaty,  imaginetl 
that  any  admissible  scheme  of  regulations  could  end)race  a  limitation 
ui)on  the  killing  of  su]»ei'tIuous  males  upon  the  land,  to  the  end  that 
fenndes  nnght  be  killed  up(»n  the  sea.  It  is  enough  to  say  that  the 
Trenty  strictly  confines  the  regulations  which  the  Tribunal  may  consider 
to  such  as  are  "outside  the  jurisdictional  limits  of  the  respective  gov- 
ernments." 

But  let  this  pass  in  the  present  discussion,  for  we  desire  to  con  ler 
the  sutTicicncy  of  the  proposed  regulations  upon  the  face  of  them.  In 
substance,  the  scheme  purports  to  be,  so  far  as  pelagic  sealing  is  con- 
cerned, SI  mere  interposition  of  additional  di_(fi cullies  in  the  iirosecution 
of  it  by  restricting  it  in  place  and  time.  It  establishes  a  prohibited 
zone,  with  a  radius  of  20  miles  from  the  islands,  confines  all  pelagic 
sealing  to  the  period  between  the  1st  of  May  and  the  loth  of  Septend)er 
in  each  year,  and  forbids  entrance  into  Bering  Sea  before  the  1st  of  July 
in  any  year.  There  are  several  observations  immediately  suggested  by 
this  8(dieme,  which  is  declared  by  the  contrivers  of  it  to  aflord  "the 
requisite  degree  of  i)rotectiou." 

(1)  In  the  first  place  it  oea  not  purport  to  restrict  the  nnmber  of  seals 
so  killed  at  sea  to  less  tl  i  (58,000,  unless  the  kilUng  of  that  number  is 
practically  impossible  un  or  the  conditions  imposed.  What  guaranty 
or  assurance  is  there  tha  08,000  females  will  not  still  be  slaughtered 
under  the  limited  condit  ms?  All  that  is  requisite  to  this  end  is  the 
employment  of  an  additional  force  of  vessels  and  men,  and  this  is  easily 
possible,  and  will  certainly  be  supplied  if  the  price  of  sTcins  will  justify 
it.  We  know  this  would  be  the  case,  for  it  must  be  taken  as  certain 
that  the  force  of  pelagic  sealers  would  be  largely  increased  at  the  price 


CONCirKRKNT    UKGULATIONS. 


203 


wliicli  skint*  cominaiHlcd  in  l.S!)1,  \v\nu\  (5s,(KH»  wch',  tiikoii  at  soa.  Tlio 
loicp  liad  l)(^oii  stoatlily  iimroasiiij;  for  yoars,  and  tluM'o  U  no  reason  for 
a  belief  tliattUo  i>ro;^ro.ss  would  liaveeeased.  Men  will  eagerly  enj^a^^o 
in  sueli  pursuits  lonj;  alter  tin*  certainty  of  a  prolltilisappears.  It  still 
has  fjjreat  prizes,  and  it  is  tlu'se  wliieh  tempt  enterprise  and  risk.  JMoro 
than  this,  th(»  sehenu*  seareely  interposes  any  additioiinl  diHienlties, 
It  eats  oil'  very  little  of  the  time  durini;'  wiiieh  |)ela.ifie  sesilinj;  is  now  or 
(•;in  1)0  i)r(Ksecuted  wit  li  ailvanta;j;o.  A  very  small  additional  force  would 
Kullice  to  raise  the  eai>ture.  to  the  amount  obtainable  by  the  present  fonto 
opeiiitins  without  restiietion. 

I5nt,  linally,  and  decisively,  tin;  scheme  itself  furnishes  a  eiiuso  cer- 
tain to  brinjj;  to  the  work  of  destrncjtion  a  force  whi(!h  would  ei'iiy  the 
>lau;.';hter  far  beyond  the  limit  <n'en  of  (JS,0()i)  females  /;rr  annum.  It 
cuts  ()ff  from  the  market  the  supply  from  the  breiMlinjjf  islands  ot  oO, (UK) 
skins,  leavinj;  that  enormous  deli(!i(^n(!y  to  be  supplied  by  the  pelagic 
sealers!  What  greater  boon  could  they  ask  ?  If  these  Commissioners 
hiid  deliberately  set  abc  it  to  contrive  a  i)roJect  for  the  stimulation  of 
pelagic  sealing,  and  for  the  delight  of  those  engage(l  in  it,  they  could 
i.iave  devised  nothing  so  well  calculated  for  that  end  as  to  take  out  of 
the  market  (l,()01>  skins  of  the  supply  from  the  Pribilof  Islands,  when 
the  price  stands  at  I'Jo  shillings  per  skin,'  and  give  the  jielagic  sealers 
a  chance  to  make  up  the  deliciency  between  the  1st  of  May  and  the  l.st 
of  September,  with  the  privilege  of  entering  lUuiiig  Sea  on  the  1st  of 
-Inly,  and  of  approaching  the  Pribilof  Islamls  to  a  distance  of  20  miles 
therefrom.  Indeed,  with  such  temptaticms,  they  would  greatly  iniirease 
tlie  catch  over  present  limits,  even  if  they  were  ex<;luded  fro!n  Bering 
Sea  altogether.  Their  catch  in  the  North  PaciQc  during  the  present 
year  has,  it  is  believed,  amounted  to  nearly  that. 

But  we  must  not  do  the  Commissioners  the  injustice  of  confining 
criticism  to  a  part  of  their  scheme.  It  includes  another  feature  of 
restriction,  which  is  indicated  as  furnishing  "a just  scale  of  equiva- 
lency as  between  shore  and  sea  sealing,"  and  "  a  comidete  check  against 
undue  diminution  of  seals."  This  is  that  the  Ui:ited  States  may  pro- 
cure an  addition  of  ten  nautical  miles  to  the  radius  of  the  zone  of  protec- 
tion around  the  islands  for  each  reduction  of  l(),(i()()  below  the  maximum 
(tf  50,000  to  be  allowed  to  be  killed  upon  the  islands,  so  that  a  pro- 
tected zone  of  a  radius  of  GO  miles    might  bo  obtained  by  a  volun- 


>Caso  of  the  Unitod  States.  Appoadix,  Vol.  II,  p.  5G1. 


204 


ARGUiMENT   OF    THE   UNITED    STATES. 


I 


'"I 


°  1  ;  .11 


tary  reduction  of  the  number  to  be  taken  on  the  islands  to  10,000. 
Of  course,  witli  a  furtlier  withdrawal  from  the  market  of  the  supply 
furnished  by  the  islands,  to  the  amouut  of  40,001)  skins  annually,  that 
is  to  say,  by  leaving  practically  the  whole  market  to  be  supplied  by  the 
p('laj;i('  sealers,  a  force  iu  the  shape  of  vessels  and  men  would  speedily 
show  itself  sufficient  to  slaughter,  not  60,000  females  a  season,  but 
100,000,  and  even  more,  between  the  first  of  May  and  the  15th  of  Sep- 
tember. But  we  fail  to  perceive  the  use,ortbeconsisteucy,  of  imposing  a 
limit  to  which  such  voluntary  reductions  of  slaughter  on  the  breeding 
islands  should  be  carried  by  making  the  mininmm  10,000.  Why  should 
the  [Jnited  States  not  be  permitted,  if  they  desired,  to  purchase  a  pro- 
tected zone  of  00  miles  radius  by  giving  up  the  right  to  slaughter  a 
single  seiil?  The  Sv^^eme  had  as  its  sole  merit  someitnoi-  pretension  in 
the  way  of  comicality.    Why  should  this  be  thrown  away  I 

(2)  We  may  be  told  that  we  are  really,  if  not  avowedly,  imputing  to 
these  Commissio)iers  iin  intention  to  protect  and  promote  the  interests 
of  the  Canadian  sealers,  and  that  this  is  unfair;  that  if  they  are  labor- 
ing in  behalf  of  pelagic  sealing,  they  are  working  as  much  for  the  inter- 
est of  citizens  of  the  United  States  as  for  Canadians,  inasmucjh  as 
pelagic  sealing  is  as  open  to  the  forjner  as  it  is  to  the  latter.  We  do 
not  forget  the  suggestion  of  the  Commissioners  to  this  elVcct,'  and  we 
remember  at  the  same  time,  what  was  well  known  to  them,  that  this 
occupation  is  not  unreservedly  open  to  citizens  of  the  United  States.  That 
nation  deems  itself  bound  by  the  spirit  and  principlesof  the  law  of  nature, 
holds  itself  under  an  obligation  to  use  the  natural  advantages  which 
have  fallen  to  its  lot,  by  cultivating  this  useful  race  of  animals  to  the 
end  that  it  may  furnish  its  entire  increase  to  those  for  whom  nature  in- 
tended it,  wherever  they  dwell,  and  without  danger  to  the  stock.  It 
liolds,  as  the  law  of  nature  holds,  that  the  destruction  of  the  species  by 
barbarous  and  indiscriminate  slaughter  is  a  crime,  andi)unishes  it  with 
severe  penalties.  Its  enactments  adopted  when  it  was  supposed  that 
the  only  danger  of  illegitimate  slaughter  was  confined  to  Ueiing  Sea 
were  supposed  to  be  adeipiate  to  prevent  all  such  slaughter.  Are  the 
United  States  to  be  deprived  of  the  benefit  of  the  seals  uid(\ss  they 
choose  toal.indou  and  repudiate  the  plain  obligations  of  morality  and 
natural  law? 

>  Report  of  Br.  Com.,  p.  20. 


U  f 


CONCURKKNT   REGULATIONS. 


205 


(3)  But  what  wonld  be  the  cost  of  this  scheme?  Some,  not  nidccd 
very  luiye,  additional  difficulties  would  be  interposed  in  obtaining'  tiie 
pirscnt  pelagic  catch  of  08,000.  It  would  require  a  somewhat  larjicr  iii- 
vcstinent  of  capital  in  vessels  and  appliances,  and  a  somewhat  greater 
expenditure  in  wages.  This,  as  has  been  shown,  would  be  fully  reim 
iMirsod  to  the  sealers,  Avith  a  large  additional  profit,  b.y  mciins  of  tiu^ 
subtraction  from  the  market  of  50,000  skins  now  furiiislied  fioiii  the 
Pribilof  Islands,  and  the  consequent  increase  of  jfrm-e.  This  inciease 
of  jtrice  must  of  course  be  paid  by  the  consumer.  We  can  not  well  con- 
jcctme  the  amount  of  it.  It  could  hardly  be  less,  if  we  may  rely  upon 
I  he  teachings  of  the  table  of  prices,'  than  $10  per  skin,  and  might 
I  mount  to  much  more.  Tliis  additional  cost,  increased  at  every  stage 
ill  tlie  process  of  manufacture  and  exchange,  might  easily  add  ^'.iO  to 
I  he  price  of  the  skin  when  it  comes  to  the  consumer,  and  tiius  the 
world  would  be  burdened  by  an  additional  charge  for  100,000  skins  to 
I  lie  amount  of  the  easily  possible  sum  of  $0,000,000.  And  what  would 
it  cost  to  maintain  the  naval  liolice  required  to  enforce  tiiis  sciieme? 
Ib)W  many  armed  steamers  would  be  needed  to  guard  effectually 
;igainst  the  entrance  of  a  trespasser  withhi  a  prohibited  zone,  the  cir- 
cumference of  which  is  ui)wards  of  MO  miles,  in  a  region  of  thick  and 
iibiiost  perpetual  fogs?  A  million  of  dollars  annually  would  be  a  mod- 
erate estimate  of  the  expenditure  required,  and  this  must  be  paid  by 
■somebody,  the  Connnissioners  do  not  tell  us  by  whom. 

And /or  nhom  and /or  ichat  is  this  prodigious  tax  to  be  im])osed? 
For  the  Canadian  sealers  alone,  and  in  order  to  enable  them  tomakt^a 
profit,  for  a  few  short  years,  by  the  total  destruction  of  a  race  of  use- 
ful animals!  If  the  assumi>lion  of  such  a  burden  were  necessary,  in  or- 
der to  preserve  the  seals,  the  propriety  of  making  it  would  be  worthy 
of  consideration;  but  it  is  absolutely  no  misrei»rescntatiou  or  exaggera- 
iion  to  say  that  it  would  be;  a  price  paid,  not  for  their  prescnvation,  but 
I'or  their  more  speedy  exterinination.  Not  a  dollar  of  this  enormous 
expenditure  is  needed  for  any  useful  ]»urpose.  The  entire  increase  of 
all  the  herd  may  be  madeavailaldeatthe  lowest  possible  price,  without 
endangering  the  stock  and  without  inqmsing  any  additional  burden 
upon  the  world,  by  simply  confining  the  capture  of  the  seals  to  the 
methods  aWowed  by  natural  law.  Nor  is  the  expenditure  needed  oven 
for  the  luischievous  purpose  of  killing  off  the  seals.  It  is  indeed  a  con- 
trivance by  which  that  result  would  be  hastened,  but  if  nothing  were 


'Coso  of  tlio  United  States,  Appoudlxi  Vul.  II;  p.  561. 


206 


ARGUMENT   OF    THE    UNITED    STATES. 


ill    <l! 


dono,  and  pelagic  soalinj?  wove  pormittcd  to  be  prosecuted  without  let 
or  liiudiiiuce,  the  end  wouhl  be  loachcd  nearly  as  soou. 

(4)  Tlic  overity,  amounting  to  injustice,  in  the  operation  of  such  a 
sclienie  would  be  worth  coiunu'utinf''  upon,  were  it  on  other  j^rounds  ad- 
missible. How  would  the  sealer  know,  in  that  rej;ion  of  tbf>,  wliether 
he  was  inside  or  outside  of  the  prohibited  line!  Theopp(»rtunities  for 
takinj;'  observations  are  rare.  It  maybe  said  that  he  shonhl  take  good 
care  and  give  the  line  a  wide  inside  berth.  l>ut  laws  should  take  no- 
tice of  the  weakness  of  men  in  the  face  of  te!ni)tation.  This  sciienie 
would  be  a  lure  to  which  many  would  yield, and  thid  themselves  caught, 
even  when  they  intended  not  to  transgress. 


in 


ill 

il.;.!: 


in  i 

1 

t 

:    i 

li 

h, 

(5)  The  Commissioners  of  Great  Britain  have  in  their  report  studiously 
avoided  the  real  problem,  wiiicli  it  was  their  business  to  solve.  That 
problem,  according  to  tlieir  own  view,  was  to  devise  some  sclieme  of  pe- 
lagic sealing  which  would  i)re.'^erve  that  pursuit,  and  at  the  same  tinui 
not  be  fatally  dc>-tructive  to  the  herd  of  seals.  True,  this  is  impossi- 
ble; but  it  was  not  so  in  their  view,  if  we  may  credit  their  confident 
statements.  Tiiey  should,  theretbre,  ha\o  first  fixed  upon  somedrtinite 
number  of  females  which  might  be  taken  annually  without  initiating 
a  gradual,  but  sure,  destruction,  and  tljen  devise  a  metiu)d  which 
should  restrict  the  (;aptuie  to  this  nunibei'.  This  is  tiie  method  pursued 
upon  the  I'ribilof  Islands.  An  estimate  is  uiadeof  the  number  of  su- 
pertluous  males  that  may  be  safely  taken,  and  the  annual  draft  is 
rigidly  limited  lo  I  hat  number.  IladtheCommissioiuirs  attemi)ted  this 
task,  the  utter  impossibility  of  it  would  have  stood  self-exposed.  'They 
would  have  been  immediately  confronted  with  two  refutations.  In  the 
first  place,  had  they  named  50,01)0,  or  10,01)0,  or  20,000,  or  even  10,000, 
females  as  a  nund)er  which  might  be  annually  sacriiiccd  without  involv- 
ing a  sure  dcstru(!tion,  the  sure  teachings  of  the  natural  laws  governing 
the  increase  of  such  aniiuals  would  at  once  have  rc.jc(;ted  the  pro])osal. 

Those  laws  tell  us  that  no  fentales  must  be  taken.  It  is  Tiot  from 
that  (piarter  that  man  may  make  his  drafts  in  ani/  degree.  The  comli- 
tions  are  far  moie  rigidly  exacting  than  in  the  case  of  domestic  cattle. 
There  the  opportunity  for  culfivatiou  is  unliudted.  It  may  be  pi'ttse- 
cuted  throughout  the  whole  world,  and  an  uiulue  abundance  be  speed- 
ily i)rodut;ed.  it  is  often  necessary  there  to  hrci>  doicu  the  stock  instead 
of  increasing-  it,  aud  therefore  females  must  necessarily  be  taken  to 


CONCUinil'.NT    KEGl'LAriOXS. 


207 


ivithoutlet 


some  extent;  but  with  the  seals  the  case  is  far  otherwise.  There  are 
but  few  poNnihle  phices  in  which  the  animal  may  be  «-iiltivated,  and  the 
march  of  destruction  has  greatly  reduced  these.  They  are  wholly  iu- 
suthcient  to  sui>i»ly  the  demand  even  under  the  most  (iareful  and  pru- 
dent husbandry,  and  any  taking-  whatever  from  breeding  females  is 
plainly  inadmissible.  This  is  of  itself  an  end  of  the  (juestion,  for  to  say 
that  pelagic  sealing  must  be  limited  t(»  a  catch  of  IO,(»UO  (and,  as  we 
have  seen,  in  ])elagic  sealing  tlie  numbi'r  (»f  females  killed  eipials  the 
whole  iuind)er  of  both  sexes  actually  recovered)  is  to  prohibit  it.  The 
game  would  no  longer  be  worth  the  candle.  It  would  not  be  pursued 
under  such  conditions.  In  the  next  place,  had  the  Commissioners  fixed 
upon  any  definite  number,  it  would  be  absolutely  imi)ossible  to  frame 
any  scheme  by  wiiich  the  slaughter  could  be  limited  to  it.  Tiieir  own 
wretched  device  of  a  limitation  of  the  pursuit  in  time  and  place,  much 
better  cahmlated  to  increase  than  to  restrict  the  slaughter,  is,  of  course, 
beneath  attention.  We  do  not  refer  to  the  inefliciency  of  their  partic- 
ular suggestions.  There  is  an  inherent  impossibility  which  no  inge- 
nuity, combined  with  a  supreme  desire  to  accomplish  the  purpose,  can 
surmouut. 


(G)  The  fundamental  error  of  the  Commissioners  of  Great  Britain,  as 
of  all  who  either  deceive  themselves,  or  attemi)t  to  deceive  othtu's,  with 
the  illusion  that  it  is  possible  to  permit  in  any  degree  the  indiscriminate 
pursuit  of  a  species  of  animals  like  the  seals,  so  eagerly  sought,  so  slow 
in  increase  and  .o  defenseless  against  attack,  and  at  the  same  time  to 
l)reserve  the  race,  consists  in  assuming  that  the  teachings  of  nature 
can  be  replaced  by  the  clieap  devices  of  man.  The  first  and  only  busi- 
ness of  those  who,  like  the  Commissioners,  wei-e  charged  with  the  dutv 
of  ascertaining  and  declaring  what  measures  were  vccossary  for  the 
preservation  of  this  animal  was  to  calndy  iiKjuire  what  the  laws  of 
nature  were,  and  conform  to  them  unhesitatingly.  It  would  then  have 
been  seen  by  them  that  no  cnptin-r  irliiifrm-  of  such  animals  slnmld  bo 
allowed  except  capture  regulated  in  conformity  witli  natural  laws;  and 
tliat  all  niirciiKltitftl  captuie  was  necessarily  destructive,  and  a  crime; 
tinit  there  could  be  regulated  ca[tture  upon  the  land,  and  upon  the  land 
alone,  and  frhat  all  attempts  to  regulate  capture  on  the  sea  must  neces- 
sarily be  abortive;  that,  consetiuently,  the  only  regnlaticm  to  be  made 
inresi)ect  to  pelagic  sealing  was  to  prohibit  it  altogether,  which  is  tan- 
tamount to  the  award  of  property  to  the  proprietors  of  the  breeding 


208 


ARGUMENT   OP   THE   UNITED   STATES. 


:1 
Hi  I 


il:li 


Uij; 


i\\  i' 


1. 


grounds.  The  attempt  to  apply  rci^ulatioas  ia  the  nature  of  {.ifame  laws 
to  the  pursuit  of  such  animals  is  a  misdirected  effort,  founded  upon  a 
disregard  of  their  nature  and  habits.  They  are  not  like  wild  ducks, or 
herring,  or  mackerel,  animals  over  which  man  has  no  control,  and  which 
reproduce  themselves  in  prodigious  numbers,  and  have  abundant  means 
of  eluding  pursuit,  and  which  can  not  be  cultivated  by  art  and  industry; 
but  a  species  exhibiting  all  tlie  conditions  retiuisite  to  property,  and 
which  must  be  treated  accordingly. 

(7)  This  error  is  not  imputable  to  ignorance  on  the  part  of  the  Com- 
missioners. It  does  jiot  arise  from  any  failure  to  take  notice  of  the 
nature  and  habits  of  the  animal.  There  is,  imleod,  in  their  report  an 
avoidance,  which  appears  to  be  industrious,  of  any  special  inquiry  into 
the  nature  and  habits  of  seals,  with  the  view  of  ascertaining  and  report- 
ing for  the  information  of  this  Tribunal  whether  they  really  beh>ng  to 
that  class  of  animals  which  are  the  fit  subjects  of  property,  or  that  of 
which  ownership  can  not  be  predicated,  and  which  can,  consequently, 
be  protected  against  excessive  sacrifice,  only  by  the  rough  and  ineffect- 
ive expedient  of  game  laws;  but,  nevertheless,  they  fully  admit  that 
perfectly  otfoctive  regulation  of  capture  is  easily  possible  at  the 
breeding  places  and  there  alone.    They  say: 

11<>.  It  is,  moreover,  equally  clear  from  the  known  facts  that  cfTicient 
protection  is  much  more  easily  afforded  on  the  breeding  islands  than  at 
sea  Tlie  (control  of  the  number  of  seals  killed  on  shore  might  easili/ 
be  made  absolute,  and  as  the  area  of  the  breeding  islands  is  small,  it 
should  not  be  dilUcult  to  completely  safeguard  these  from  raiding  by 
outsiders,  and  from  other  illegal  acts.' 

What  is  the  avowed  ground,  aside  from  the  assumed  right  of  individ- 
uals to  carry  on  pelagic  sealing,  upon  which  these  Commissioners  felt 
themselves  not  warranted  in  yielding  to  the  decisive  facts  thus  stated 
by  them,  and  declaring  that  a  perfect  protection  would  be  given  to  the 
seals  by  simply  prohibiting  capture  at  sea?  It  is,  to  sluu'tly  sum  it 
up,  that  the  power  thus  possessed  by  the  occui)ants  of  the  breeding 
places  has  been  abused  in  the  past,  and  probably  will  be  in  the  future, 
by  an  excessive  shiughter  of  young  males.  It  is  that  tlie  United  States 
put  the  i)roi)erty  into  the  liands  of  lessees,  and  that,  although  the 
leases  are  long  ones,  yet  the  lessees  are  so  far  barbarians,  or  chil- 
dren, that  they  are  inca[>able  of  comprehending  their  own  interests, 

>liupoit  of  Ur.  Com.,  p.  19. 


!  I 


CONCURRENT   REGULATIONS. 


209 


find  incnpable  of  restiiiiniiig  their  desire  tor  prescMit  enjoyment,  in  or- 
der to  secure  their  perniauent  wellUre;  and  tliut  tlie  United  States  Gov- 
eiiunent,  wliich  has  a  supervising  eontrol,  eitlier  I'roiu  tliesameor  some 
other  unexplained  reason,  is  equally  iiicapaldc  of  piotet^tinj;  its  owu  in- 
terests and  discharginj>'  its  duty  to  niankiiKl  by  preserving  those  boun- 
ties of  nature  whicii  have  been  intrusted  to  its  keeiting.  In  short, 
their  ai'gnnient  is  that  those  means  which  nature  has  pointed  out,  and 
which  society  from  the  earliesii  «bi\vi(  of  civilization  has  adopted  and 
followed,  for  the  purpose  of  preserving  the  gifts  of  nature  and  making 
tiiciii  in  the  highest  (U'gree  available  for  the  uses  of  man,  have,  in  this 
instance,  proved  a  failure;  that  the  force  of  the  universal  motive  of 
self-interest  has,  in  this  instance,  not  been  effective  with  the  xVnierican 
people,  and  eonseciuently  an  occasion  has  arisen  for  the  invention,  by 
the  wisdom  and  ingenuity  (»f  these  Commissioners,  of  some  device  bet- 
ter adapted  to  the  desired  object!  This  is  no  [>erv<'rsi(>n  or  (exaggera- 
tion of  the  argument  of  this  rei)ort.  It  may  bo  left  to  fall  from  its  in- 
trinsic weakness,  not  to  say  absurdity. 


(8)  We  are  reluctant  to  make  any  reference  to  motives;  but,  where 
opinions  are,  as  in  this  case,  made  evidence,  the  question  of  good  faith- 
is  necessarily  relevant.  Why  is  it  that  these  Commissioners  have 
chosen  to  disregard  the  plain  dictates  of  reason  and  natural  law;;  whicjh 
they  Avere  bound  to  accept,  and  to  recommend  some  cheai)  devices  in 
their  i)lace,  when  they  so  clearly  penieived  th  »se  dictates f  We  aie  not 
permitted  to  think  that  this  was  in  conscious  violation  of  duty,  if  any 
other  explanation  is  possible.  The  only  ai)ology  we  can  lind  comes 
from  the  fact,  clearly  apparent  upon  nearly  every  page  of  their  report, 
that  tliG  predominatinff  intGVGst  which  they  con(;eived  themselves  bound 
to  regard  was  not  the  i)reservation  of  the  seals,  but  the  protection  of 
the  Canadian  sealers.  This  explanation  at  once  accounts  for  all  their 
extraordinary  recommendations  and  all  their  varying  inconsistencies. 
Hence  every  degree  of  restraint  upon  pehigic  sealing  is  reluctantly 
conceded,  and  yielded  only  when  it  is  compensated  for,  and  more  than 
compensated  for,  by  an  added  restriistion  of  the  supply  furnished  to 
the  market  from  the  breeding  islands.  As  the  work  of  the  pelagic 
sealers  is  on  the  one  hand  restricted  in  time  or  phuie,  and  thus  disoour- 
aycd,  it  is  on  the  other  stimulated  by  the  certainty  of  a  better  market 
and  a  richer  reward.  So  persistently  and  exclusively  have  they  ke])t 
this  policy  before  them  as  their  main  object,  that  an  ideal  has  been 
14749 U 


210 


ARGUMENT    OF    THE    UNITED    STATES. 


il  i!    . 


tbrinod  in  tlioir  iiiiuds  whicli  they  opiMily  avow,  and  to  attain  wliieli  is 
thoir  constant  effort.  This  ideal  is  that  all  taking  of  seals  on  land 
shojild  be  prohibited,  and  pelaii'ic  sealing  bo  made  tlie  only  lawful  mode 
of  capture. 

They  thus  express  themselves:  "  It  has  been  pointed  out,  and  wo  be- 
lieve it  to  be  probable,  that  if  all  liilliii{>'  of  seals  were  prohibited  on 
the  breeding-  ishinds,  and  these  were  strictly  protected  and  safe-j^uarded 
against  encroachment  of  any  kiinl,  sealing  at  sea  mifiht  he  indej'untiUi 
continued  without  any  notable  diminution,  iu  consequence  of  the  self- 
regulative  tendency  of  this  industry."' 

And,  suggesting,  as  the  only  objection  to  this  policy  which  occurs  to 
them,  that  it  might  be  too  much  to  expect  of  the  Uidted  States  to  thus 
guard  the  islands  and  support  a  mitive  population  of  300  at  its  own 
expense,  they  continue:  "It  maybe  noted,  however,  that  some  such 
arrangement  would  otlcr,  porliai^s,  the  best  and  sinqilest  solution  of  the 
present  conflict  of  interests,  for  the  citizens  of  the  United  St  -iS  would 
still  possess  equal  rights  with  all  others  to  take  seals  at  sea,  and  in 
conse(iuenc(  of  the  proximity  of  their  territory  to  the  sealing  grounds 
tliey  would  probably  beitome  the  principal  beneticiaries ! '" 

And  they  finally  come  to  the  con(;lusion  that  any  taking  of  seals  at 
thebreeding  places  is  an  error  for  which  there  is  no  defense  except  long 
usage,  and  even  that  they  regard  as  a  doubtful  apologv.    They  say: 

While  the  circumstance  tliat  long  usage  may,  iu  a  measure,  be  con- 
sidered as  justifying  tl»e  custon»  of  killing  fur-seals  on  the  breeding  is- 
lands, nnmy  I'acts  now  known  respecting  the  life  history  of  the  animal 
itself,  with  vali<l  inferences  drawn  from  the  results  of  the  disturbance 
of  other  animals  upon  their  breeding  places,  as  well  as  tliose  unide  ob- 
vious by  tlie  new  conditions  which  have  arisen  in  consequence  of  the 
development  of  i)elagic  scaling,  point  to  the  conclusion  that  the  breed- 
ing islands  should,  it  possible,  remain  undisturbed  and  inviolate.^ 

These  references  to  the  opinions  expressed  in  the  reportof  the  Commis- 
sioners of  Great  Britain,  wlien  taken  together  with  the  scheme  recom- 
mended by  them,  leave  no  room  for  doubt  that  the  defense  of  the  Cana- 
dian sealers  was,  from  first  to  last,  their  predominatincj  motive,  and 
enable  us  to  make  for  them  the  apology  that  they  conceived  that  this 
was  the  duty  with  which  they  were  especially  charged.  If  this  be  the 
fact,  it  is  easy  to  i)erccive  how  all  their  reasonings  and  recommenda- 
tions sluudd  receive  a  color  and  character.    We  feel  obliged  to  say  that 


'  Kcport  of  Br.  Com.,  p.  L'O,  sec.  121. 
•  Ix'iport  of  Hr.  Com.,  p.  20,  sec.  123. 
*licpoit  of  iJr.  Com.,  p.  27,  80C.  1(36. 


CONCURRENT   REGULATIONS. 


211 


we  can  perceive  no  otlior  si'(>uud  upon  \vbi(;li  llieir  utlion  mny  be  nuulo 
cousisteut  with  good  faitli. 


(0)  But  wlmt  iive  tlieir  avowed  reasons,  if  any,  for  forniinj?  this  itleal 
of  an  exchisive  a<h>|)tion  ofjiehifjie  sealinj^as  a  proper  scheme  of  rej^uhi- 
tious  for  preservinj*'  the  seals?  We  can  gather  from  the  pages  ol"  their 
report  tliese  tliree: 

(a)  Tliat  jiehigic  sealing  is  a  national  or  common  ri<jht,  which  can  not 
be  taken  away. 

(6)  That  pelagic  sealing  has  a  "self- regulating  tendency."' 

{c)  Tliat  sealing  on  the  breeding  places  is  destrnetive,  because  of  the 
excessive  slaughter  of  young  males,  which,  as  they  allege,  is  and  will 
be  indulged  in,  although  it  need  not  be. 

The  first  of  these  reasons  is  not  relevant  here,  nor  should  it  have 
liad  any  place  in  the  consideration  of  these  C(»miiiissioneis.  It  was  a 
matter  committed  to  the  determination  of  other  parties,  and  is  else- 
wliere  discussed  by  us.  It  may,  however,  be  here  observed  that  if  it 
be  a  natural  riglit  of  citizens  of  Great  Britain,  it  must  be  held,  as  all 
other  rights  are,  in  subordination  to  the  power  of  governments  to  enact 
U'gislatiou  to  preserve  the  useful  races  of  animals,  and  (Jreat  Britain 
may  certa'uly,  if  she  pleases,  prohibit  her  citizens  from  exercising  it, 
as  the  United  States  do.  And  it  it  bo  the  subject  of  governmental 
restriction,  as  the  commissioners  themselves  ]>ropose  to  make  it,  it  may 
l)ealso  prohibited  by  governmental  regulation. 

The  third  ground  wo  have  already  considered.  Unfounded  in  fact, 
reimgnant  to  reason,  absolutely  contradicted  by  the  experience  of 
nearly  a  century  on  the  rribih)f  Islands,  and,  as  the  Oonniiissioners 
tlicmselves  admit,  by  that  on  the  Commander  Islands  for  a  similar 
period,'^  we  dismiss  it  without  iurther  notice. 

The  second  gronud,  the  alleged  "  self- regulative  tendency,"  maybe 
briefly  noticed.  What  is  this  asserted  "  scl/mfulatinff  tendencyV^  Wo 
must  describe  it  iu  the  language  of  the  Commissioners  themselves. 
Tliey  say: 

"In  .sealing  at  scathe  conditions  are  categorically  different,  for  it  is 
evident  that  by  reason  of  tho  very  method  of  hunting,  the  profits  nnist 
decrease,  other  things  being  equal,  in  a  ratio  much  greater  than  that 


'  Report  of  Br.  Coui.,  p.  20,.  sec.  121.        '  Eei»ort  of  Br.  Com.,  p.  15,  hoc.  92. 


212 


ARGUMENT    OB"   THE    UNITED    STATES. 


of  any  dccreiisc  in  the  iiuniboi\s  of  seals,  and  that  there  is,  therefore, 
inherent  (tit  iiufomatw  pnncvph'  of  ra/tdation  snflieient  to  prevent  the 
poNsihlc  flestnuiion  of  the  indnstry  if  praeticed  only  at  sea."' 

Iliit  wliat  \t'  otiivr  tliimfs  should  not  be  equal,  as  they  eertainly  would 
not  be?  Wliat  if,  as  the  sui»i)osed  diiliculties  in  eapturing  seals  were 
increased,  niakinj;'  it  imimssible  for  the  same  force  to  make  the  same 
eatcli  in  the  same  time,  and  tluis  diminishing  the  supply  oll'ered  in  the 
market,  tlie  priee  of  skins  should  rise,  as  it  eertainly  would?  Would 
the  elfeet  be  anything  exee])t  to  stimulate  the  pursuit,  bring  into  play 
a  greater  energy  and  skill,  attract  a  larger  force,  and  thus  lead  to  an 
equal,  and  probably  a  nmch  larger  catch?  In  the  whale  fishery  the 
price  of  the  product  continually  rising  so  stinnilated  the  pursuit  as  to 
attract  a  continually  augnuMiling  force,  with  the  result  of  nearly  exter- 
minating some  of  tiie  species.  The  fate  of  the  sea  otter  had  been  the 
same.  JUit  we  need  notgo  further  than  the  statistical  tables  of  pelagic 
sealing  furnished  by  the  Commissioners.  Whatever  may  have  been  the 
increase  of  dilliculty  iu  obtaining  seals  consequent  upon  the  increased 
pursuit,  the  price  has  afforded  a  stimulus  suflicient  to  bring  into  the 
Held  a  continually  augmenting  force,  and  has  thus  brought  tlie  aggre- 
gate of  the  pelagic  catch  from  lL*,U00iu  18S2  to  (JS,OUU  in  1891. 


Mi' 


ii'  : 


(10.)  In  conclusion  it  is  submitted  that  the  scheme  juoposed  by  the 
Commissioners  of  Great  IJritain  is  a.  contrivance,  not  for  the  preservation 
of  the  seals,  which  was  by  tlie  Treaty  made  the  sole  object  of  their  in- 
quiries and  labois,  but  for  the  promotion  of  pehujie  amliny,  and,  conse- 
quently, for  tl  e  desirHvlion  of  the  seals.  This  is  its  character  even  upon 
their  own  \iews.  Tliey  insist  that  the  slaughter  of  100,000  young  males 
upon  the  Probilof  Islands  was,  even  before  pelagic  sealing  was  prose(!U- 
ted,  an  excessive  draft  rapidly  tending  to  a  destruction  of  the  herd; 
and  yet  their  scheme  directly  and  necessarily  involves  a  slaughter  of 
many  more  than  100,000  seals  of  which  more  than  half  will  be  females. 

It  is  believed  that  the  Tribunal  will  not  fail  to  perceive  that  a  tiu)r- 
ongh  consideration  of  the  qu«'sti<ni  of  the  feasibility  of  any  system  of 
regulating  pelagic  sealing  which  would  permit  that  business  to  be 
prosecuted,  aiul  yet  secure  the  herd  from  extermination,  ending,  as  it 
must,  in  a  conviction  that  such  a  system  is  not  feasible,  leads,  by  a 
somewhat  dillereut  path,  to  the  same  conclusion  which  is  reached  by  a 


'Eeport  of  Br.  Com.,  p.  19,  sec.  118. 


CONG  U  RU  i:  NT    REG  I J  I.  ATIOXP. 


213 


direct  inquiry  into  tlio  question  of  property.  It  fully  establishes  the 
conclusion  tiiat  the  only  "concurrent  regulation"  wliich  can  preserve 
the  seal  herds  fi oni  practical  extermination  is  one  sinijdy  and  absolutely 
])rohibitive  of  p(^lagic  sealinjjf,  and  that  this  thcrerore  is  necessary.  And 
this  is  tantamount,  in  its  effect,  to  the  reco<>nition  of  a  i)roperty  inter- 
est in  the  proprietors  of  the  brecdinn"  islands. 

[fa  honafulc  effort  were  made  to  allow  pelaj;ic  so:diii,y:  under  condi- 
tions which  would  reduce  its  desti'uctiv*^  ellVct  to  a  [xunt  where  it 
mijjht  be  neglected  as  unsubstantial  or  insi<>nili(iint,  real,  not  pretended, 
rcstrii'tion  would  be  secured.  Tlie  effort  would  be  to  tnlx-e  airai/,  not 
to  add,  indiicem«Mits  to  embark  in  it.  The  method  would  be  to  difirour- 
(t(/e  it,  to  throw  dilficultieH  in  the  way  of  it,  to  so  restrict  it  in  place  or 
time,  or  both,  that  little  chance  for  proflt  would  remain.  To  tins  end 
a  ])rohibition  during  Marcli  and  April  would  be  wholly  useless.  It 
could  not  be  safely  allowed  even  for  a  single  month  in  the  ]>eriod  from 
April  to  October.  The  privilege  must  be  lindted  to  stormy  weather 
which  repels  enterprise.  And  this  is  to  prohibit.  If  we  mean  to  pre- 
serve the  seals,  we  must  submit  to  be  governetl  by  those  natural  laws 
upon  an  observjince  of  which  their  preservation  depends.  These  teach, 
with  a  directness  and  certainty  which  can  not  be  misunderstood,  two 
tilings. 

First.  In  the  case  of  animals  over  whom  man  has  no  (iontrol,  such  as 
most  wild  animals  are,  if  they  are  in  danger  of  destiuction  from  too  eager 
pursuit,  restrictions  in  the  nature  of  game  laws,  which  operate  simply 
to  dhninish  the  destruction,  without  changing  its  characiter,  are  the 
only  preventive  measure  which  society  can  ai)i)ly.  Ami  it  can  not  ab- 
solutely prohibit  destruction,  for  this  would  be  to  prohibit  the  use  of 
Tuiture's  gift.  This  remedy  is  apt  to  be  insufficient,  from  the  diOiciilty 
of  enforcement,  but  it  tends  to  preserve,  and  sometimes  succeeds  in  pre- 
serving, that  which  it  is  designed  to  save. 

Second.  But  where  some  men  have  such  a  control  over  the  animal 
that  they  can  by  abstinence,  art,  and  industry  reap  its  full  natural  in. 
crease  and  make  it  available  for  human  wants,  and  at  the  same  time 
preserve  the  stock,  society  can,  as  it  docs,  preserve  tlie  animal,  and  at 
the  same  time  secure  the  full  benefit  of  its  natural  increase  by  permit- 
ting them  to  kill  at  discretion,  and  prohibiting  killing  by  all  others. 

The  United  States  stand  upon  the  assertion  of  their  property  inter- 
est, and  if  that  is  recognized,  they  conceive  that  they  have  the  ability 
to  protect  it  on  every  sea.    It  is  not  usual  for  one  nation  to  voluntarily 


214 


ARGUMENT   OF   THE    UNITED    .STATES. 


:]  'i 


If: 


ask  tlio  aid  of  aiiotlior  in  tho  flofciiso  of  its  rifjlita.  Kadi  is  ordinarily 
left  to  enforce  its  oavii  laws  with  its  own  power.  The  United  States  do 
not  aslc  for  the  sli<>htest  nieasnreof  aid  in  tho  performance  of  what  is 
properly  their  own  exidnsive  work. 

Hut  it  may  liappiin,  and  does  hai>i)en  in  the  present  ease,  that  what 
from  natural  situation  may  be  peculiarly  the  proper  work  of  one 
nation,  may  yet  be  the  work,  in  some  dej>ree,  of  others.  The  destruction 
of  a  useful  race  of  animals  is  the  destruction  of  property  belonging  to 
the  whole  world,  and  is  a  crime  agiiinst  the  law  of  nations.  To  pro- 
vent  and  punish  it  is  as  distinctly  the  duty  of  all  civili/ed  nations  as  it  is 
to  prevent  ami  punish  tiie  crime  of  pirncy.  The  pelagic  sc^aler  is  hostis 
Inimani  grncrin,  just  as  tho  jtirate  is,  though  with  a  less  measure  of 
enormity  and  horror.  It  is,  therefore,  ])art  of  the  duty  of  nations  to 
forbid  their  citizens  from  engaging  in  the  practice  ol  pelagic  sealing 
and,  as  tlie  i)arties  to  this  controversy  have  voluntarily  sulnnittod  it  to 
this  Tribunal  to  declare  what  regulations  outside  of  their  respective 
jurisdictions  it  is  their  duty  to  concur  in  and  enforce  for  the  preserva- 
tion of  tlie  seals,  it  is  entirely  ])roper  tliat  the  tribunal  should  frame, 
even  while  I'ecognizing  the  property  interest  asserted  by  tho  United 
States,  a  simple  regulation,  to  bo  concurrently  adopted  and  enforced 
by  each  nation,  prohibiting  all  sealing  at  sea,  except  by  tho  native 
tribes  of  Indians  on  tlie  northwest  coast  of  America  for  the  purposes 
of  food  and  clothing  in  tlie  manner  iu  which  they  were  originally  ac- 
customed to  prosecute  it. 

James  C.  Oakter. 


DAMAGES  CLAIMED    BY    THE    UNITED   STATES. 


215 


FIFTH. 

CLAIMS  FOR  COMPENSATION. 

I. — Damages  Claimed  by  the  United  States. 

It  is  provided  in  article  Viii  of  tlie  Treaty  tliat  eillier  party  may 
siibiiiit  to  tiie  Arbitrators  any  question  offaijt  inv<dved  in  any  claim  it 
may  liavo  aj>ain.st  the  otlicr ;  and  aslv  for  a  tindinj;  thereon,  "  the  question 
of  the  liability  of  either  government  upon  the  farts  found  to  be  the  subject 
of  further  negotiation.^^ 

As  the  undersijjned  construes  this  paragraph,  it  liniita  the  range  of 
inquiry  by  the  Tribumil  to  facts  which  be.ar  only  upon  the  amount  of 
the  claims  submitted,  as  tlie  question  of  liability  is  left  open  to  be 
settled  by  negotiation. 

And  in  the  fifth  article  of  the  Modus  Vivendi  of  May  9, 1892,'  it  is  pro- 
vided that — 

If  the  result  of  the  Arbitration  be  to  aflirm  the  right  of  British  sealers 
to  take  seals  in  the  Bering  Sea,  witliin  tlie  l)ounds  claimed  by  the 
United  States  under  its  i)urcliase  fnmi  liussia,  th<'n  <!ompeiKsation  shall 
be  made  by  the  Llniteil  States  to  Great  Britain  (for  the  use  of  iier  sub- 
jects) for  abstaining  from  the  exercise  of  that  right  during  tlie  juMidency 
of  the  Arbitration,  upon  the  basis  of  such  a  regulated  and  limited  eateh 
or  catches  as  in  the  opinion  of  the  Arbitrators  might  have  been  taken 
without  an  undue  diminution  of  tlie  seal  herds;  and,  on  the  other  hand, 
if  the  result  of  the  Arbitration  shall  be  to  deny  the  right  of  British 
sealers  to  take  seals  within  said  waters,  then  compensation  shall  bo 
made  by  Great  Britain  to  the  United  States  (for  its  citizens  and  lessees) 
for  this  agreement  to  limit  the  island  catch  to  7fA)0  a  season,  upon  the 
basis  of  the  ditl'erence  between  this  number  and  such  larger  eateh  as, 
in  the  opinion  of  the  Arbitrators,  may  have  been  taken  without  au 
undue  diminution  of  ihe  seal  herds. 

This  leaves  the  number  of  seals  which  might  have  been  taken  in  the 
Bering  Sea  by  the  British  sealers,  and  upon  the  PribiU)f  Islands  by 
the  lessees  of  the  United  States,  without  danger  of  reducing  the  seal 
herd,  wholly  to  the  judgment  of  the  Tribunal  under  the  i)roof8  sub- 
mitted. 

'Case  of  tlio  Uuit«d  States,  Appeudix,  Vol.  I,  p.  7. 


I 


216 


ARfiUMRNT   OF   THE   UNITED   STATES. 


I    HI 


!       1 


In  tlio  pritiled  Cnso  snbniittcd  on  bclialf  of  tlio  United  Rtatea,  a 
<'liiiin  is  ])icMcnt<,>(l  under  the  elniisc  last  quoted,  for  (!oJui)ensa1ion  to 
the  United  States  for  the  increased  anionut  of  rental  which  tlie  United 
States  \v(nihl  have  received  \i])ou  an  additional  nnndx-r  of  skins  taken, 
and  foi-  a  bonus  of  $!).«»L.'A  on  each  skin,  to  be  paid  by  the  lessees  of  the 
islands,  over  and  above  tlu^  bonus  upon  the  7,r»()(»  skins,  which  are  per- 
mitied  t()  be  taken  undei'  the  MdiIhs  VivouU.^  And  a  claim  is  also  sub- 
mit tc(l  by  tin'  United  States  in  behalf  of  its  lessees  for  the  ])rotit  the 
lessees  would  have  nnide  ui)on  an  increased  nund)er  of  seals  which 
niij;ht  have  been  tak(^  above  the  7,.")()(>  but  for  the  MofJus  Vii'cmH.^ 

The  Case  also  submits  a  claim  in  behalf  of  the  United  States  and 
lessees  lor  eompensation  for  the  linuted  nundjcr  of  seals  taken  under 
the  Motliis  Vivenfli  of  1S!H. 

Frankness  requires  us,  as  we  think,  to  say  that  the  proofs,  which  ap- 
pear in  the  Counter  Case  of  the  United  States  as  to  the  condil  icui  of  the 
seal  herd  on  the  Piibilof  Islands,  show  that  the  Uiuted  States  could 
not  have  allowed  its  Iesse<'s  to  have  much,  if  any,  exceeded  the  nundjer 
of  skins  allowed  by  the  ModiiN  ViiriKli  of  ISOli  without  an  undue  dimi- 
nuth>n  of  the  seal  herd,  and  upon  this  branch  of  the  case  we  simjdy 
call  the  attention  ol  the  Tribunal  to  tiie  proofs,  and  submit  the  ques- 
ti(ms  to  its  de(;ision. 

As  to  the  claims  subniitted  in  behalf  of  the  United  States  and  its 
lessees  under  the  Mixhm  Vivendi  of  ISOJ,  the  undersigned  also  feels  con- 
strained to  say  that,  as  no  ])rovision  for  the  payment  of  eomitensation  to 
either  party  is  provided  for  in  that  agreemi  nt,  and  as,  under  the  laws  of 
the  United  States  and  lease  of  the  islands  by  the  United  States  to  the 
North  American  Commerijial  Company,  the  United  States  had  the  full 
jiower,  through  its  Se<'retary  of  the  Treasury,  lo  limit  the  catch  in  any 
year  to  sued)  nund)er  as  in  the  discretion  <  f  the  Seitretary  of  the  Treas- 
ury mifjht  seem  pro|)er,  we  nnist  admit  ihiit  no  right  of  coniijensation 
accrued  under  that  a,ureenient  to  either  the  TTnited  States  or  its  lessees, 
for  the  reas(ui  that  the  agreement  was  wholly  voluntary,  and  such  as 
the  two  fjovernments  were  entii'ely  com])etent  to  make,  and  no  right  to 
comi)eiisati(»n  would  accrue  to  either  government  or  its  citizens  unless 
specially  provided  for  in  the  Modns  Vivendi. 


iCase  of  the  Uuitcd  States,  pp.  28G-289. 


*IMd.,  pp.  289-291. 


m 

If 


DAMA(JE8    CLAIMED    BY    OREAT    HUITAIN. 


217 


11.— Damages  Or-Anim)  nv  (3ueat  IIritain. 

TIk*  cliiims  submitted  on  tlio  part  of  (Jrciit  Itritain  aio  for  (latna^cs 
sustained  by  certain  of  its  subjects  by  reason  of  the  seizure  by  tlio 
ITuitt'd  States  of  certain  vessels  allef^ed  to  belonj;  to  such  subjects, 
and  warninjj:  (lertain  British  vessels  en;,M<4ed  in  sealiiij;  not  to  enter 
DeriiiK  ».  ea,  and  nolifyinft'  ct;rtain  other  British  vessels  enjijfa;>cd  in  tiio 
capture  of  seals  in  Berinj*'  Sea  to  leave  said  sea,  wheieby  it  is  iii:;is(ed 
liiat  the  owners  of  such  vessels  sustained  losses  and  daniajjes,  as  set 
forth  in  th(^  respective  claims,  these  claims  bein^'  stated  in  detail  in 
i]n^  ^^  Schedule  of  particulars^' oi  siiUl  claims  appended  to  the  British 
Case. 

Tin'  rij>ht  and  anthority  of  the  T'nited  Slates  to  protect  the  seal 
herd,  whitih  has  its  home  in  the  Pi'ibilof  Islands,  aiid  in  the  exercise  of 
such  rifjfht  to  make  n'i)risal  of  sealskins  wronfjfuUy  taken,  and  to  seize, 
and,  if  necessary,  fovi'Av  the  vessels  and  other  proptuty  employed  in 
such  unlawful  and  destructive  pursuit,  is  a  necessary  incident  to  the 
rifilit  asserted  by  the  United  States  to  an  exclusive  property  interest 
in  said  seals  and  the  industry  established  at  the  sealeries. 

We,  however,  preface  what  we  have  to  subujit  on  this  feature  of  the 
case  by  sayinj;'  tlnit,  if  it  shall  be  held  by  this  Tribunal  that  these 
seizures  and  inter feren(!es  with  British  vessels  were  wroufj  and  un- 
jiisrilialde  undei'  the  laws  and  priucaples  applicable  thereto,  then  it 
wduld  iu)t  be  becoming  in  our  nation  to  contest  those  claims,  so  far  as 
Mi(\v  are  Just  and  within  the  fair  amount  of  the  damages  actually  sus- 
tained by  British  subjects. 

And,  even  if  it  shall  be  decided  by  this  Tribunal  that  the  United 
States  were  not  Justifiable,  under  the  circaimstances  and  the  law,  in 
iiiakiny  such  seizures  and  iuterferinjr  with  British  subjects  in  the 
pursuit  and  capture  of  fur  seals  in  the  Bering  Sea,  still  that  decision 
woald  furnish  no  jjround  for  claims  basiMl  on  wholly  illegal  and  nnten- 
;il)l('  i", rounds,  nor  for  extortionate  demands. 

Tlie  aetual  damajj^es  sustained  by  these  British  subjects,  in  behalf  of 
whom  these  claims  are  i)resented  by  thci  British  (xovernment,  must,  un- 
liovibtedly,  be  finally  settled,  acoordinj;'  to  the  terms  of  the  Treaty,  by  ne- 
{Totiations  hereafter  to  be  had ;  Vmt,  as  lindinjjs  of  fact  in  regard  to  these 
claims  are  asked  for,  our  purpose  in  this  part  of  the  argument  is  to 
call  attention  to  some  of  the  elements  svhich  go  to  make  up  these 
claims,  and  show,  as  we  think,  conclusively,  tluit  such  elements  can 


I 

li 


218 


ARGUMENT   OF   THE    UNITED    STATES. 


inili: 

iiii; 
m 

'.I, 


.'ii 


not  enter  into  cluiius  ibr  compensation  agiiiust  tlio  Uuited  States  under 
the  Treaty. 

And  wc  (contend — 

First.  That  only  claims  properly  due  to  suhjcefs  of  Great  Britain 
should  be  subniiLtcd  on  the  part  of  that  nation  and  findings  of  facts 
asked  in  relation  thereto;  and  in  the  a])plication  of  this  principle  we 
insist  that  it  is  shown  by  the  Oouuter  Case  of  the  United  States  and 
the  Appendix  thereto  that  the  sclmoner  W.  P.  Sat/ward  and  the  steam 
schooners  Thornton,  Anna  Beck,  Grace,  and  Dolphin,  with  all  their  sup- 
plies and  outfits,  were  in  fact  owned  by  one  Joseph  Boscowitz,  a  citizen 
of  tiio  United  States  at  the  time  tlieso  vessels  were  respectively  seized 
by  the  United  States  oflicers;'  that  for  sonu^  time  prior  to  the  fall  of 
18So  said  schooner  find  steam  schooners  liad  been  engaged  in  the  seal- 
ing business  in  the  joint  interest  of  said  Boscowitz  and  one  Jau\es 
Douglas  Warren;  that  Warren  had  no  capital,  and  although  nominally 
interested  in  said  vessels  and  their  catch  as  half  owner,  yet  in  fa(!t 
the  money  representing  his  share  in  tlie  vessels  was  loaned  to  him  by 
Boscowitz,  and  secured  by  mortgages  to  Boscowitz  on  the  vessels; 
that  in  the  fall  of  18S5  Warren  became  insolvent  and  made  an  assign- 
ment for  the  benefit  of  his  creditors,  and  in  order  to  transfer  the  title 
to  these  vessels  a  sale  of  them  was  inade  under  the  Boscowitz  iiiovt 
gages  and  one  Thomas  II.  (hooper  i)id  the  vessels  off  at  sncli  sale  for 
the  sum  of  $1,  Ooopiu-  being  a  brother-in-law  of  Warn'u  and  a  British 
subject,  residing  in  Sau  Francisco,  Oal.;  that  on  bocoaiing  such  pur- 
chaser Cooper  executed  mortgages  to  Boscowitz  on  the  vessels  for 
their  full  v,alue,  wliich  mortgages  Boscowitz  held  at  the  time  of  the 
seizures,  the  whole  transaction  being  had  soh^ly  for  the  purpose  of 
se(5uring  a  British  registration  for  said  vessels,  and  thereby  enabling 
Boscowitz  and  Warren  to  carry  on  the  sealing  business  under  the 
British  ilag.» 

The  testimony  showing  Boscowitz  was  a  citizen  of  the  United  States 
is  found  in  the  aflidavits  of  T.  T.  Williams''  and  a  re])ort  of  Levi  W. 
IMyers,  United  States  consul  at  Victoria,  B.  C,  dated  November  10, 
1S02.*  Wliile  the  proof  as  to  the  relations  between  Boscowitz  and 
Cooper  is  found  in  the  deposition  of  Tho'U".,   II.  Co<»per,  the  alleged 


I 


>  Conntcr  Ciiso  of  tlio  United  Stntos.  p.  30;  App.,  pp.  2ri5,351. 
'ConiitiT  Case  of  tho  L'liitud  States,  App.,  pp.  321-b25. 
^Ihid.,  p.  3ol. 
*  fhiih,  p.  255. 


w 


ates  uuder 


at  Brifain 
s  of  facts 
iiciple  we 
itatcs  and 
tlie  steam 
their  snp- 
i,  a  citizen 
ely  seized 
;he  fall  of 
I  the  seal- 
le  James 
nominally 
it  in  fact 
f>  him  by 
>  vessels; 
m  assign- 
the  title 
itz  movt- 
sale  for 
I  British 
ich   pur- 
ssels  for 
le  of  the 
rpose  of 
enabling 
(ler  th6 

d  Stntcs 
Levi  W. 
iber  10, 
ntz  and 
illeged 


m 


DAMAGK.H    CLAIMED    BY    GUEAT    BUirALV. 


219 


owner  of  the  said  vessels;'  and  the  relations  between  Bosoowitz  and 
Wanen  are  shown  in  the  testimony  of  Boscowitz  and  Warren,  and  the 
pleadinii's  and  decrees  in  the  case  of  Warren  va.  Boscowitz  and  the 
cross  case  of  Boscowitz  m.  Warren,  iu  the  conrts  of  British  Colnmbia.* 

Tlie  ]n'0()f  also  shows  that  the  schooners  Carolina  and  rathjindvr, 
witli  tiieir  supplies  and  ouKits,  were,  in  fact,  owned  at  the  time  they 
werc^  seized  by  one  A.  .).  Bechtel,  a  citizen  of  the  United  States  (see 
deposition  of  W.  M,  Williams,^  and  a  report  of  L<'vi  W.  Myers,  United 
States  consul  at  Victoria,  13.  C),  althou;^!!  said  vessels  were  registered 
in  the  names  of  Jiritisli  subjects/' 

And  that  the  scliooners  Alfred  .{(himst,  Bhclc  T>iamo)i(l, ami  /y/7?/,were 
in  iact  owned,  at  the  time  they  were  respectively  seized  by  one  A. 
Frank, a  citizen  of  the  United  States(s(>c  deposition  of  T.  T.  Williams),^ 
althoiiijh  registered  in  the  names  of  British  subjects.' 

It  will  be  seen  by  looking  over  the  list  of  vessels  alleged  to  have 
been  seized,  or  interfered  with,  tliat  the  list  contains  twenty  vessels, 
but  that  two  of  the  vessels  named  in  that  list,  the  Triumph  and  the 
Vathfinder,  were  seized  or  interfered  with  twice;^  so  that,  in  fact,  the 
scliedule  contains  the  naniesof  oidy  eiglitcen  se])arate  vessels  in  regard 
to  which  claims  are  made,  and  of  these  eighteen,  ten  of  them  were 
owned  by  citizens  of  the  United  States. 

It  is  assumed  on  the  part  of  the  United  States  that  if  the  proof  siib- 
r,:itted  shows  that  these  ten  vessels  were  really  the  ])roperty  of  citi- 
zens of  the  United  States,  although  tliovbad  a  nominal  regis  ,'y  in  the 
names  of  British  subjects,  smdi  denienstration  will  be  suHicient  to 
justify  a  finding  b.y  the  Tribn'ial  that  no  citizen  of  Great  Britain  has 
sustained  damage  by  th'"  seizare  of  the  S'ai/ward,  Anna  Beclc,  Thornton, 
(irace,  ^(dphiii,  Carolina,  rathjinder,  AJj'ril  Adams,  Black  Diamond, 
and  I. ill/. 

"NVe  tlierefore  confidently  ask  and  expect  the  decision  and  finding 
of  the  Tribunal  tha:  these  claims  do  not  belongto  British  subjects,  and 


'  Iiiui.,  pp.  320-"23. 
■^//;ir/.,  PI).  301-320. 

^Countc'r  Caso  of  IJiiited  Statfis,  Appon  lix,  p.  351. 
<  /?)(f/.,2Gt. 

"Ciisoof  Her  Majesty's  Govcrtimcnt.,  Sclicinilo  of  (.'l;iliiis,pp.  i,  10;  Counter  Caso  of 
Itiiti'd  states,  Appendix,  p.  2.50. 
"Conntor  Caso  of  United  States,  Appendix,  p.  3.52, 
'Ciiao  of  llcr  Majesty's  Govcrumont,  Sclicdilo  of  Claims,  pp.  33,  -18,  BO. 
« Ib.d.,  p.  1. 


I 


11! 


ifiii' 


•  I 


'h    • 


■;i!,r 

■J:l     '         I 


220  ARGUMENT   OF   THE    UNITED    STATES. 

Ibr  that,  reason  the  Tribunal  can  not  be  called  upon  to  find  any  facts 
respoctinff  them. 

To  Justify  a  finding  upon  a  claim,  it  must  be  made  to  ap])ear  afflrma- 
tiA''oly,  by  a  clear  preponderance  of  proof,  that  the  claim  is  owned  by 
one  of  tlie  (Jovernments,  pai'ties  to  this  Arbitration,  or  to  a  citizen  or 
subject  of  such  (Tovernment.' 

We  insist  tliat  we  nuiy,  with  propriety,  go  farther  and  say  that,  if 
there  is  (>ven  doubt  tliat  a  claimant  is  a  citizen  of  the  nation  that  pre- 
sents a  (ilaini  in  liis  behalf,  that  doubt  should  of  itself  be  enougii  to 
jneclnde  auy  finding  of  facts  involved  in  such  j'laini. 

Tlie  powers  and  .jurisdiction  of  this  Tribuual  are  delegated  to  it  by 
the  Treaty  whicli  is  in  itself  but  a  contract  or  agreemeut  and  its  terms 
can  not  be  enlaiged  or  amplified  by  construction. 

In  taking  this  gnmnd  we  do  not  intend  to  cast  any  aspersion  upon 
the  good  faith  of  the  British  Government,  or  its  Agent,  for  having  i>re- 
sentcd  these  claims,  as  we  admit  that  on  the  face  of  the  claims  as  i)re- 
sented  tliey  appear  to  be  in  favor  of  liritish  subjects.  But  we  do  insist 
that  it  is  right  tor  this  Tril)unal  to  go  behind  the  face  of  the  papers 
aud  ascertain,  from  proofs  furnished,  whether  or  not  the  persons  to  be 
benefited  by  the  alh)wance  or  payment  of  these  claiuTs  are  in  fact 
Britisli  snl)ie('ts,  and  tliat  no  facts  sliould  be  found  involved  in  auy 
<^laim  where  there  is  even  good  ground  for  doubt  that  such  claim  be- 
longs to  a  Britisli  subject. 

SccKud.  All  these  claims  but  two  (the  THnmph,  No.  ll,'^  aud  the 
ratlijhuler,  No.  IM),''  of  schedule)  contain  an  item  for  "/o.v.s  of  prolmhle 
cafch,''^  "/oAS  of  CHtimatcd  catch,''''  ^^  balance  of  probable  catch, ''^  '■^probable 
catch, ^^  cfe.* 

All  of  whicli  will  more  fully  appear  by  the  following  tabulated 
statement: 

No.    1.  f'(n'()/iH(r,  ORtini:ito(l  patch $10,007 

No.    2.  77(r)r/i/o?i,  estiiiiattMl  catch - 10,607 

No.    3.  Onward,  eatiuiatod  catch 10,  007 

No.    4.  Ftiroritf,  cftiniatcd  loss  of  catch 7,  000 

No.    5.  .s'((i/irr/r(f,  prohahk'  catch  of  Ihtil 10,  250 

No.    0.  (iravc,  probable  catch 2!i,  100 

No.    7.  Anna  JUrk,  ))r()bal)hi  catch 17,  \>'2'^ 

No.    8.  Dolphin,  iirobablc  catch 24, 750 

'Avtielo  VIII  of  Treaty  of  Ai'bitration. 

«Ca8«  of  llor  Majesty's  '^jovei'umout,  Soboilulo  of  Claiuis,  v~  "'^. 

*Ibid.,  p.  57. 

*lbid.,  pp.  1-66. 


my  facts 

r  affirnia- 
>wiie(l  by 
ftizeii  or 

y  that,  if 
that  pic- 
iiougii  to 

1  to  it  by 
its  terms 

iion  upon 
vinji  i)re- 
s  as  i>ve- 
5  do  insist 
0  papers 
ons  to  be 
i  in  I'act 
id  in  any 
claim  bc- 

and  the 
probable 
'probable 

/abuhited 


$10,  (107 
16, 667 

16,  667 
7, 000 

19,  250 
2.'i,  100 

17.  r.2:i 

24, 750 


fi. 


DAMAGES   CLAIMED   BY   GREAT   BRITAIN.  221 

y.,     n.  .//rmt  ./(?rtHi»,  prolniblo  oiitcli $lf»,  250 

No.  10.  Ada,  probable  ciit.cli 15,818 

No.  12.  Jiiuiala,  estiiiiiitod  catcli 9,  421 

No.  Vi.  Valhfmikr,  ostimated  catch 15,  ;{0I{ 

Nil.  14.  Triumph,  estiiuntcd  catch 10, 424 

No.  15.  UliU-k  Diamond,  c.stiniiitcd  catcli 16,  192 

No.  16.  Lilji,  balance  of  catcdi 1 1, 1.36 

No.  17.  .iriel,  balance  of  estimated  cat cb    9,  218 

N.I.  IS.   h'nte,  Italanco  of  catch )0,  960 

No.  19.  Minnie,  balance  of  catch 16, 112 

i{57,  H53 

xill  these  items  are  subjeet  to  the  objection  tliat  they  are  prospective 
I»r(»tits,  uncertain  and  contingent  in  tiieir  nature,  and  can  not  be  made 
rlie  basis  of  a  chvim  for  compensation  to  the  owners  of  these  vessels. 

In  Sedgwick,  on  the  "  Measure  of  IJamagcs,"  i^age  09,  sixth  Ameiican 

lition,  it  is  said : 

The  early  cases  in  both  the  English  and  American  coirts,  gcneially 
concurred  in  denying  profits  as  any  part  of  the  damage  to  be  conipea- 
sated,  whether  in  cases  of  contract  or  tort. 

In  a  case  for  illegal  capture,  where  one  of  the  items  of  the  (;laim  for 
damages  was  the  profits  on  the  voyage  broken  up  by  the  capture,  the 
court  said: 

Independent,  however,  of  all  authority,  I  am  satisfied  upon  principle 
that  an  allowance  of  damages  upon  the  basis  of  a  caicnlation  of  profits 
is  ina<lmissible.  Tiie  rule  wonld  be  in  the  iiigiiest  degree  nnfavorablo 
to  the  iiterests  of  tiie  c«)nununity.  The  subject  would  be  invohtMl  in 
utter  liic  rfvinty.  The  calculafion  woukl  jiroceed  upon  contingencies 
and 'yoaid  recpiire  a  knowledge  of  foreign  markets  to  an  exactness  in 
j)oinv-  o."  iihie  and  value,  wiiidi  would  sometimes  present  embarrassing 
oh.  a.  .  -  >lucli  wouhl  depend  upon  the  length  of  thiM'oyage  and  the 
sea.soii  <  "  file  iirrival;  nuieh  upon  the  vigilance  and  actixity  of  t!ie  mas- 
ter, and  I V  \  upon  the  momentary  demand.  After  all,  it  would  be  a 
calculation  upon  conjecture  and  not  upon  facts. ^ 

In  the  case  o(  tha  Ainit(blo  ^aii<;i/,  .Mr.  Justi(^e  Story,  speaking  for  the 
United  States  Supremo  Court,  said: 

Aiu)ther  item  is  S.'},.^^^,  for  the  loss  of  the  supposed  profits  of  the 
vo  .age  on  which  the  Amhtblv.  Xiinrif  was  originally  bound,  in  the 
0'i>i'"'>u  of  the  court,  this  item  also  was  piopcrly  rejected.  The  juoli- 
iibn'  .^f  possible  bi'iit'tita  of  a  vo.vage,  as  yet  in  fieri,  can  never  alford  a 
snf<  !  Uii;  by  whic'a  to  estimate  damages  in  cases  of  a  marine  tres|>ass. 
riien.  it?  so  much  uncertainty  in  the  rule  itself,  so  many  contingciicies 
which  may  vary  or  extinguish  its  application,  and  so  many  dillicul- 
ties  in  sustaining  its  legal  correctness,  that  the  court  can  not  believe 
it  proper  to  entertain  it.    In  several  cases  in  this  c(mrt,  the  claim  for 


i  The  achooner  Lively,  1  Galliaon,  314. 


i 


♦,! '  ■ 


222 


ARGUMENT   OF   THE    UNITED    STATES. 


profits  has  bcoii  cxpjossly  ovori'iil<'(l;  iuul  in  Del  Col  v.  Arnold  (3 
])iill.,  lV.i:i)  and  The  Anna  Mttria  (L'  Wlu'af.,  327),  it  was,  aftcu' stri<'t  cou- 
sideiatioii,  hrld  that  tlic  prime  cost,  or  vahie  of  the  |)ro|)erty  h)st,  at 
the  time  of  the  h>s.s,  and  in  ease  of  iiijnry,  tlie  diminution  in  value  by 
reason  of  tlie  injury,  wirh  interest  u])()n  such  valuation,  aflbrded  the 
true  measure  for  assessin<>'  damajies.  This  rule  may  not  secure  a  com- 
plete indemnity  for  all  ]>ossiliIe  injuries;  but  it  h<!S  certainty  and  S''i»- 
eval  ai)plicability,  to  recommend  it,  and,  in  ahnost  all  cases,  will  give  a 
fair  and  just  recompense.' 

And  in  Wood'vS  Mayne  on  Damages,'^  the  author,  speaking  of  damages 
in  cases  of  tort,  says : 

In  general,  however,  injuries  to  pro]><,rty,  where  unaccompanied  by 
malice,  and  especially  nhere  they  take  |>lace  under  a  fancied  right,  are 
only  visited  with  dama  ,<  '^  jportionate  to  the  actual  ijecuidary  loss 
sustained. 

While  it  is  conceded  that  there  has  been  some  relaxation  of  the 
rigid  rule  of  the  early  cases  in  l']ngland  and  the  United  States,  in  regard 
to  the  allowance  of  profits  as  an  element  lor  the  award  of  damages 
orcomi)ensation,  it  is  undoubtedly  still  the  rule  in  both  countries  that 
l)roftts  can  only  be  allowed  as  damages  where  they  are  in  the  contem- 
plation of  parties,  in  cases  arising  on  contract,  and  where  they  are  the 
necessary  and  proximate  result  of  the  injury  in  cases  of  tort,  and  in 
those  latter  cases  oidy  where  they  can  bo  proven  or  established  with 
substantial  certainty.' 

These  vessels  were  all  engaged  in  a  hazardous  voyage  upon  the  boist- 
erous waters  of  the  North  Pacific  Ocean  and  Bering  Sea.  subject  to  all 
the  ])erils  of  the  sea,  and  the  mind  can  hardly  conceive  any  event  more 
uncertain  ami  contingent  then  the  number  of  seals  they  would  have 
captured  if  they  pursued  their  voyages  unmolested.  Shipwreck  and 
every  other  element,  of  un(;ertainty,  including  the  ])roverbial  uncertainty 
which  is  always  an  element  in  fishing  and  hiinling  expeditions,  would 
seem  to  attend  all  such  ventures,  and  the  (togent  reasoning  of  Mr.  Jus- 
tice Story  in  the  cases  just  cited  seems  un(puUilicdly  a])i)licable  to  the 
items  of  "probable  (!at(;h,"  etc.,  pres(Mited  in  this  schedule  of  claims. 

The  Tribunal  will  bear  in  mind  that  the  United  States  do  iu)t 
occupy  the  position  of  a  tort-feasor,  subject  to  exemplary  or  vindic- 
tive damages.  "Tiie  King  (Sovereign)  can  do  no  wron.j^."  The  acts, 
in  respect  to  which  compensation  is  asked  in  behalf  of  these  British 


•3  Whoaton'8  U.  S.  Ijcpt8.,51fi;  RooiilsoSiiiitli  r«.  Couflry,  1  IFow.  U.  S.  RoptH..  28-34. 
'First  AiiU!ri('im  I'ditioii,  from  tliird  I'jii^lisili  uilitiou,  |i.  ."ifi.  -  •■  » 

'lladloy  itf.  JiuxLiuhile,  'J  Exch.  341;  M;ibtcitou  va.  Mayor  of  IJrookl^'ii,  7  Hill,  (12. 


DAMAGES    CLAIMED    BY    GIIEAT    BRITAIN.  223 

subjects,  wore  porformcd  by  the  LTiiited  States  in  the  oxenjise  of  its 
sovereignty,  aiul  the  execution  of  its  statutorj'  laws,  and  no  malice  or 
other  unjust  motive  can  be  imi>uted  to  tliose  acts. 

Among  the  claims  i)resented  by  tlie  United  States  in  behalf  of  its 
citizens  to  the  Tribunal  of  Arbitralion  upon  the  Ahibama  (daims, 
which  met  at  Geneva  in  1872,  under  the  treaty  between  (ireat  Britain 
and  the  United  States,  were  a  large  number  of  claims  like  tliose  now 
under  consideration,  for  the  prospecjtive  earidng's  of  ships  destroyed 
by  the  rebel  cruisers  in  the  late  (iivil  war  of  the  United  States,  and 
that  tribunal,  by  the  unanimous  Note  of  its  members,  said  in  regard  to 
such  claims: 

And  whereas  prospective  earnings  can  not  properly  be  made  tlu^ 
sul)ject  of  coini>ension  inasmiudi  as  they  depend  in  tiieir  nature  upon 
future  and  uncertain  contingen{aes,  the  tribunal  is  unanimously  of 
oiiinion  that  there  is  no  ground  for  awarding  to  the  United  States  any 
sum  by  way  of  indemnity  under  this  head.' 

It  is  therefore  respectfully  submitted  that  the  rule  of  decision 
adopted  in  the  case  of  the  Alabama  claims  is  well  established  in  the 
jurisprudeiu^-e  of  the  two  nations  now  at  the  bar  of  this  Uigh  Tribunal; 
and  in  the  light  of  the  authorities  cited  the  undersigned  respectfully 
insists  that  the  items  in  these  claims  for  "])ri)ljable  catch,"  "estimat(;d 
catch,"  et(!.,  which  amount  in  the  aggregate  to  over  two-thirds  of  the 
grand  total  of  the  claims  presented,  must  bo  considered  as  wholly 
speculative  and  so  uncertain  that  Great  Britain  is  not  entitled  to  any 
linding  as  to  any  fact  involved  therein,  except  the  fact  of  their  uncer- 
tainty, which  appears  on  the  face  of  the  claims  themselves. 

In  the  claims  growing  out  of  the  seizures  of  the  Candina,  Thornton, 
Oniranl,  iSai/icard,  G-race,  Anna  Bcfk,  Dolphin,  and  Ada  there  are  also 
items  for  the  future  earnings  of  those  vessels,^  namely: 

No.  1,  Carornia,  seized  1S86: 

Claims  for  oarnimi;H  iu  1887 $5,000 

Claiiim  I'or  oariuii,';s  iu  18S8 5,  000 

X(i,  2,  Thornton,  Hiiizcd  iu  ISSd: 

Cliiinis  lor  ostiiuated  loss  to  owner  liy  didftiliou  in   1887 5,  000 

Claims  for  estimated  lo8S  to  owuer  by  deteutiou  iu  1888 5,000 

No.  3,  Onward,  .seized  iu  188i3 : 

Claims  reasouahli!  pro  lit  for  season  of  1887 5,  000 

Claims  roasoualdc  yrolit  for  season  of  LSi'^S 5,000 


'Geneva  Arhitratioii,  Con.i^res.sional  i)nl)lieation,  vol.  IV,  p.  .')3;  seo  also  Whoaton's 
International  Law  (Hoyd's  3d  Knjrlish  edition),  see.  530,  (,  p.  5"J2. 

-Case  of  llcr  Majesty's  (jiovciumiut,  ScUodulo  of  Claims,  ij^j.  5,9,  11,  19,  23,  27, 
31,  36. 


I 


m 


I 


[Hi 
III 


:    W 

,    '■ 

■  V 

224  ARGUMENT  OF  THE  UNITED  STATES. 

No.  5.  Smiirard,  Hoizcd  in  1887: 

Claims  for  ojirnin^s  in  coa.slinj;  triidc,  in  Ciill  of  1.S87 $1,200 

Eiiriiinj^H  for  minisou  of  iiSN»! 6,  000 

No.  fi.  drair,  .seizisd  in  1«!S7: 

Ciiiiiii.s  for  ])rol);il»I<<  oiirnin;j;s  in  fall  of  iSS7 2,  (X)0 

CliiiiuH  for  |»ntliiil)li-  •■iirnini;s  in  .season  c»f  1SM{< 7,  000 

No,  7,  Anna  lUvk,  .sci/id  in  1S87: 

Claims  for  jtrohuliU'  oarninffs  in  coaslinj:  trade  in  f;ill  of  ls,S7 *'  000 

For  ])rol)aldo  not  cariiinj^H  in  season  of  18S8 0,  v'^<; 

No.  8,  Dolphin,  soi/ud  in  1887: 

Cliiiiris  for  probaltlo  earnin,u;s  in  fall  of  1SS7 2,  000 

Claims  for  jtrobaltlo  not  earnings  in  sims(ju  of  188.-! 7,000 

So.  10,  Ada,  seized  in  18.S7: 

Probable  ear!iin-;s  in  fall  of  18S7 2,00ii 

Probable  earniii^'s  for  se;, son  of  1888 (5,000 

Total 71,200 

Tliesti  items  it  will  ho  noticed  are  in  iuldition  to  the  itcMn.s  of  "  prob- 
abl«^  eiiteh,"  or  "estimated  eateii"  tor  the  seasons  ill  which  the  respect 
ive  vessels  were  seized. 

Nothing  can  more  fully  illustrate  the  wholly  speculative  character  of 
this  class  of  claims  than  a  consideration  of  these  items  in  the  liyht  of 
the  indi»putabki  facts. 

The  Carolina,  Thornton,  Onward,  Grace,  Anna  Beck,  Dolphin, ami  Ada 
were  seized  and  decrees  of  forfeiture  rendered  against  them  by  the 
United  States  district  court  for  the  district  of  xVlaska,  ;<nd  the  Caro- 
lina, Onward,  and  Thornton  were  leiL  to  go  to  pieces  in  the  harbor  of 
Onalaska;'  and  the  Dolphin,  Grace,  Anna  Beck,  and  Ada  were  s(»ld 
under  decrees  of  that  court,  while  the  Sai/wardwiiii  leleased  on  a  bond 
given  by  her  owners  a  year  or  more  after  the  decree  of  lorfeiture  was 
entered. 

Tlu'se  seizures  were  in  elfect  a  conversion  of  these  vessels  at  the  time 
of  the  seizure,  and,  with  tiie  exception  of  the  Sai/ward,  their  capacity 
to  earn  anything  lor  their  owners  ended  with  the  seizure.  The  measure 
of  compensation  to  the  owners  was  therefore  the  value  of  the  property 
taken  at  the  time  it  was  taken,  perhaps  with  interest  from  the  time 
of  taking.  The  owners  were  dispossessed  by  the  seizure,  and  tlieir 
uiterest  in  the  property  merged  in  their  claim  for  compensation,  if  they 
have  any  such  claim ;  and  no  claim  can  therefore  accrue  to  them  for 
the  possible  future  earnings  of  the  vessels.* 

'  Declarations  of  Jani(«  Douglas  Warner,  Case  of  Her  Majesty's  Government, 
Schedule  of  Claims,  pp.  3,  6,  12. 

-Sedfiwick  on  Measure  of  Damages,  fitli  ed.  583;  Conrad  v.  Pucifie  Insurance 
Comi.any,  ti  Peters  IJ.  S.,  2(52-282;  The  Ann  Caroline,  2  Wall.,  22  U.  S.  538;  Smith 
ct.  ill.  V.  Coudry,  1  How.  U.  S.,  28-34;  Wood's  Mayue  on  Dauiages,  3  Eug.  aud  1st 
Aui.  od.,  p.  486. 


DAMAGES   CI-AIMKD    BY    GREAT   BHITAIN. 


225 


In  Sutherland  on  Damages,  vol.  i,  p.  173  (now  a  standard  authority 
in  the  courts  of  the  United  States),  the  rule  is  stated  as  t'olh)\vs: 

The  value  of  the  property  constitutes  the  measure  or  an  element  of 
damages  in  a  great  variety  of  <-ases  both  of  tort  and  contract;  and 
where  there  are  no  such  aggravations  as  call  for  or  Justify  exenii)hiry 
damages,  in  actions  in  which  such  damages  arc  recovcrabh^,  the  value 
is  ascertained  and  adopted  as  tiie  tneasure  of  c()nii»ensation  for  being 
deprived  of  the  y)roperty,  the  same  in  actions  of  tort  as  in  actions  upon 
contract.  In  both  cases  the  value  is  the  legal  and  lixed  measure  of 
damages  and  not  discretionary  with  tlui  Jury.  #  #  #  And,  more- 
over, the  value  is  fixed  in  each  instaiu'eon  similar  considerations  at  the 
time  when  by  the  defendant's  fault  the  loss  cnlniiimtes.  (Gnind  Tower 
Co.  vo.  I*hillii)s,  -Si  Wall.,  471.     Owen  va.  Iloutli,  U  (J.  11,  .^7.) 

To  recapitulate:  None  of  the  items  of  these  several  claims  for  "esti- 
mated catch,"  or  '•  probable  catch,"  for  the  season  or  voyaiio  in  which 
the  seizures  took  place  can  be  considered,  because  they  are  in  the 
nature  of  prospective  profits,  and  fall  within  the  rule  a(h)[)ted  by  the 
tribunal  in  the  Alabama  Claims,  and  the  other  authorities  cited;  and 
all  the  items  for  the  probable  earnings  of  these  arrested  vessels,  subse- 
quent to  the  seizure,  fall  within  the  same  objection  of  luujertaiuty  and 
contingency,  and  the  further  objection  that  the  conversion  of  the  prop- 
erty was  completed  by  the  seizure,  and  the  owners' only  remedy  was 
for  the  value  of  the  property  so  seized  at  the  time  of  the  seizure. 

But,  if  the  Tribunal  for  any  reasons  shall  deem  itself  reipiired  to 
pass  upon  these  items  or  hud  any  facts  involved  therein,  excejtt  that 
of  their  invalidity,  we  then  briefly  submit  that  the  "estinuited"  and 
"probable  catches"  are  altogether  overstated  and  extravagant. 

In  the  declaration  of  Jaiues  Douglas  Warren,  in  support  of  the 
claims  in  behalf  of  the  alleged  owiuu'  (»f  the  ISayward,  Anna  Beck,  Grave, 
and  Dolphin,  he  states  that  the  estimate  is  made  on  the  basis  of  three 
hundred  and  fifty  skins  taken  by  each  boat  and  canoe  for  the  full 
season.' 

In  the  report  of  the  British  Commissioners,  forming  part  of  the  Brit- 
ish case,*  it  is  shown  that  the  average  catch  [)er  canoe  or  boat  for  tlui 
British  sealers  for  the  same  year  was  104  seals,  or  less  than  one-half  of 
Capt.  Warren's  average;  aud  in  the  same  paragraph,  the  British  Com- 
missioners say: 

The  actual  success  of  individual  sealing  vessels  of  course  depends  so 
liirgely  upon  the  good  fortune  or  good  JudgnuMit  which  may  enable 
tliem  to  fall  in  with  and  follow  considerable  bodies  of  seals,  as  well  as 


'  Case  of  Her  Majesty's  Oovernmont,  Sclicilule  of  Claims,  i)p.  16,  2L',  23,  29. 
•Eeport  of  Br.  Com.,  see.  407,  p.  74. 
14749 15 


226 


ARGUMENT   OF    THE    UNITED   STATES. 


iil 


on  the  weather  experiencefl,  that  the  flj^ures  representing  the  catch 
compared  to  the  boats  or  whole  aumber  of  men  emph)yed.  constitute  a 
more  trustworthy  criterion  than  any  general  statements.  * 

We  may,  therefore,  safely  say  that  if  conjecture,  based  upon  any  rule 
of  averages,  is  to  be  resorted  to  for  the  purpose  of  attempting  to  ap- 
proximate the  probable  catches  of  these  vessels,  the  British  Commis- 
sioners have  given  far  more  reliable  data  than  that  furnished  by  these 
claimants. 

The  fallacy  of  these  "estimates"  is  also  shown  in  another  way.  We 
open  the  schedule  of  the  British  claims  at  random  and  take  the  claim 
growing  out  of  the  seizure  of  the  Minnie,  No.  19.*  It  seems,  from  the 
declaration  aceompanjdug  the  claim,  that  she  left  Vi(!toria  the  fore  part 
of  May  on  a  sealing  voyage  in  the  North  Pacific  Ocean  and  Bering 
Sea.  She  entered  Bering  Sea  on  the  27th  of  June,  at  which  time  she 
had  caught  150  seals.  She  hunted  seals  in  the  Bering  Sea  until  July 
15,  during  which  time  she  had  taken  270  skins,  which  was  at  the  rate 
of  15  skins  per  day.  She  was  seized  on  the  15th  of  July;  leaving  her 
16  days  of  July  and  10  in  August,  making  32  days  in  all  of  her  sealing 
season,  during  which  time  she  would  have  caught,  at  the  rate  of  15  per 
day,  480  seals;  to  which  adding  the  420  slie  had  taken  previously, 
makes  a  total  catch  for  the  sealing  season  of  900;  while  her  "estima- 
ted cat<;h"  i^  -,500  seals  Ibr  the  season. 

Take  also  the  claim  of  the  Ada,  No.  10.'  She  entered  Bering  Sea, 
as  is  shown  by  the  declaration  accompanying  the  claim,  about  the  16th 
day  of  July,  1887,  and  continued  sealing  in  the  said  sea  until  the  25th 
day  of  August,  Avliich  was  beyond  the  time  when  skins  taken  are  con- 
sidered merchantable,^  and  within  two  weeks  of  the  tire  when,  as  the 
British  Commissioners  admit,*  the  sealing  season  closes,  and  yet  her 
entire  catch  up  to  that  time  was  only  1876  skins,  while  the  "estimated'* 
or  "probable  catch"  is  put  at  2876. 

The  value  and  tonnage  of  these  vessels  is  also  largely  overstated,  as 
is  shown  by  the  tables  submitted  with  the  Counter  Case  of  the  United 
States,^  and  the  value  of  several  of  the  vessels  seized  was  ascertained 
by  sworn  appraisers  of  the  District  Court  of  Alaska  and  shown  to  be 
much  lower  than  the  value  stated  in  this  schedule  of  claims. '    That  these 


•Report  of  Br.  Com.,  p.  73,  sec.  407. 

'Case  of  Her  Majesty's  Governmout,  Schedule  of  Claims,  p.  56. 

s  Ibid,  p.  34. 

<Couuter  Case  of  the  United  States,  Appendix,  pp.  357,  376,  384. 

*  Report  of  Br.  Coiu.,  sec.  212. 

"Counter  Case  of  the  United  .States,  Appendix,  pp.  339,  et  aeq, 

» Ibid.,  pp.  32'J-  38. 


DAMAGES   CLAIMED    BY    GREAT   BRITAIN, 


227 


appraisals  were  fair  and  showed  tlie  suhntantial  and  fair  value  of  the 
property  is  evidenced  by  the  fact  that,  although  the  owners  of  the  ves- 
sels had  the  privilege  of  releasing  them  upon  bonds,  none  of  them,  ex- 
cept the  Sayward,  were  so  released,  although  application  was  made 
to  have  their  valuation  reduced  in  order  that  the  owners  might  give 
bonds.' 

We  might  follow  the  analysis  of  different  items  of  these  claims  and 
successfully  show  that  they  are  all  very  much  exaggerated,  but  do  not 
deem  it  necessary  to  do  so,  because  we  feel  sure  the  members  of  this 
Tribunal  will  take  notice  of  the  fact  that  individuals  in  making  claims 
against  a  government,  whether  it  be  their  own  or  a  foreign  government, 
invariably  expand  these  claims  to  the  largest  amount  their  consciences 

will  possibly  tolerate. 

H.  W.  Blodgett. 


»  Senate  Doc.  106,  50tli  Cong.,  Second  Sess.,  pp.  28,  74. 


223 


▲SaUMENT   OF   THE    UNITED   STATE& 


il! 


'Ml 


m 


,, 

ti 
•( 


SIXTH. 

SUMMARY  OF  THE  EVIDENCE. 

To  the  end  tliat  the  High  Contracting  Parties  should  become  fiilly  in- 
formed of  all  the  facts  bearing  upon  the  differences  between  them,  and 
as  a  right  method  of  securing  evidence  as  to  those  points  touching  which 
a  dispute  might  exist,  it  was  stipulated  by  Article  IX  of  the  Treaty  that 
two  Commissioners  on  the  part  of  each  Governnicnt  sliould  be  appointed 
to  make  a  joint  investigation  and  to  report,  in  order  that  such  reports  and 
recommendations  might  in  due  form  be  submitted  to  the  Arbitrators, 
should  the  contingency  therefor  arise. 

The  Commissioners  were  duly  appointed  in  compliance  with  this  pro- 
vision of  the  Treaty,  and  so  far  as  they  were  able  to  agree,  they  made 
a  joint  report,  which  is  to  be  found  at  page  307  of  the  Case  of  the 
United  States.  It  will  be  seen  from  this  joint  rej>ort  that  the  Commis- 
sioners were  in  thorough  agreement  that,  for  industrial  as  well  as  for 
other  obvious  reasons,  it  was  incumbent  vpon  all  nations,  and  particu- 
larly upon  those  having  direct  commendnl  interests  in  fur-seals,  to  pro- 
vide for  their  proper  protection  and  preservation.  They  were  also  in 
accord  as  to  the  fact  that  since  the  Alaska  y  nrchase  a  marked  diminu- 
tion of  the  number  of  seals  on  and  habitually  resorting  to  the  Fribilof 
Islands  had  taken  place;  that  this  diminution  was  cumulative  in  effect 
and  was  the  result  of  excessive  killing  by  man.  Beyond  this  the  Com- 
missioners were  unable,  by  reason  of  considerable  difference  of  opinicm 
on  certain  fundamental  proxxtsitions,  to  join  in  a  report,  and  they  there- 
fore agreed  that  their  respective  conclusions  should  be  stated  in  sev- 
eral reports  which,  under  the  terms  of  the  Treaty,  might  be  submitted 
to  their  respective  Governments. 

The  United  States  have  submitted,  with  the  report  of  their  Commis- 
sioners, a  voluminous  mass  of  testimony  which  apx>ears  to  have  been 
elicited  from  all  classes  of  persons  who,  by  their  education,  residence, 
training,  etc.,  might  be  enabled  to  give  information  of  practical  value 
and  of  a  reliable  character  to  the  contracting  governments.    It  has 


SUMMARY    OK    THE    EVIDENCE. 


229 


been  the  intention,  in  procmiiig:  ex  i  '.ciico,  to  follow,  sia  closely  as  tlie 
circustances  permitted,  the  piiiiciples  iiiid  inetliods  ohtaiiiiiig  in  both 
conntries  in  litigation  between  private  jtaities,  and  althoufjh  it  was  not 
])08.sible  to  produce  each  witness  before  a  magistrate  and  ten<ler  him 
for  cross  examination,  in  every  instance  the  name,  the  residence,  and 
the  profession  or  business  of  the  witness  has  been  given,  and  in  every 
instance  the  witness  has  sworn  to  the  truth  of  his  deposition.  This 
method  of  performing  their  functions  nuiy  be  favorably  contrasted  with 
the  course  which  the  Commissioners  of  Great  Britain  thought  it  incum- 
bent upon  or  permissible  for  them  to  pursue.  In  very  few  instances 
have  they  seen  fit  to  give  the  name  of  their  informant  or  to  place  it  in 
the  power  of  the  United  States  to  test  the  reliability  of  the  source  from 
which  they  had  derived  their  knowledge,  real  or  supposed.  But  they 
have  presented  a  great  mass  of  statements  of  their  own,  evidently  based 
in  a  great  measure  npon  conjecture,  much  of  it  directly  traceable  to 
manifest  partiality,  and  marked,  to  a  singular  degree,  by  the  exhibition 
of  prejudice  against  the  one  party  and  bias  in  favor  of  the  other.  The 
extent  to  which  this  has  been  carried  must,  in  the  eyes  of  all  impartial 
persons,  deprive  it  of  all  value  as  evidence. 

How  far  counsel  for  the  United  States  are  justified  in  making  this 
sweeping  criticism  upon  the  work  of  the  British  Commissioners  will 
appear  hereafter,  when  detailed  attention  is  given  to  the  result  of  their 
labors.  The  adoption  of  such  a  course  is  the  more  to  be  regretted  as 
it  was  evidently  the  purpose  and  object  of  the  British  Government  that 
an  entirely  diflferei^t  investigation  should  be  carried  out  by  its  agents; 
nor  had  that  Government  hesitated  to  express  its  earnest  desire  that 
the  actual  facts  should  be  given  and  that  the  investigation  should  be 
carried  on  with  a  strict  impartiality.  It  is  certain  that  the  Commissioners 
were  warned  in  clear  language  tliat  "gi'eat  care  should  be  taken  to  sift 
the  evidence  that  was  brought  before  them."  (See  instructions  iu  ilie 
British  Comiuissiouers,  page  1  of  their  Report). 

In  attempting  to  lay  before  this  distinguished  Tribunal  the  facts  that 
may  enlighten  its  judgment,  the  counsel  for  the  United  States  i>ropose 
to  show  what  facts  are  established,  substantially  without  controversy, 
and  wherein  their  contention  in  case  of  difference  is  sustained  by  un- 
mistakable preponderance  of  proof.  For  the  purpose  of  facilitating 
the  labors  of  th'S  body,  they  propose  to  treat  every  topic  of  special  im- 
portance separately  and  to  produce  the  evidence  which  has  a  bearing 
upon  the  discussion  of  its  merits. 


230 


AUGUMKNT  OF  THE  UNITED  STATE3. 


't- 


li 


rp\ 


I. — The  OENERA.L  XA  rURR  AND  CnARACTERISTICS  OF  THE  FuR-SrA  F,. 

It  is  unfortunate  that  even  upon  so  familiar  a  subject  and  one  so  often 
treated  as  the  seal,  its  nature,  and  habits,  there  should  be  a  wide  di- 
vergence between  the  American  and  British  Oommissioiiera.  In  fact, 
it  would  seem  that  the  animal  observed  by  the  Commissioners  from 
Gresit  Britain  was  an  entirely  different  animal  from  that  considered 
and  studied  by  the  Comraiaaioners  appointed  by  the  United  States. 
This  is  the  more  remarkable  because  for  more  than  a  century  a  multi- 
tude of  observers,  scientists,  government  agents,  and  overseers  have 
been  giving  their  attention  to  the  nature,  habits,  and  life  of  the  fur 
bearing  seal,  the  best  meth.od  of  protecting  the  animal  from  destrucrtion, 
and  the  wisest  course  to  secure  an  annual  increase  for  the  purposes  of 
commerce;  the  reason  for  which  the  supply  of  these  valuable  criaturea 
has  diminished;  the  number  of  animals  yearly  killed,  etc.  They  cer- 
tainly by  this  time  ought  to  have  become  fairly  ascertained  and  known 
and  to  be  placed  beyond  the  reach  of  discussion  or  dispute,  and  so,  in 
fact,  they  seem  to  be.  There  has  been  a  general  concurrence  among 
the  observers  referred  to,  as  complete  as  may  be  found  among  the 
same  class  of  persons  in  relation  to  the  nature  and  habits  of  ordinary 
domestic  animals. 

Ba^  it  has  become  apparent  that  the  British  Commissioners  have  in 
their  se;>arate  report  thonglit  fit  to  make  an  elaborate  defense  of  the 
practice  of  pelagic  sealing  and  to  have  impaited  to  their  investigations 
and  the  brmulation  of  their  conclusions  so  strong  a  desire  to  protect 
the  supposed  interests  of  their  people  as  to  lead  them  to  most  extraor- 
dinary conclusions;  indeed,  this  unfortunate  result  seemed  almost 
inevitable,  the  premises  upon  which  they  started  being  conceded.  To 
defend  pelagic  sealing,  the  main  feature  of  which  consists  of  slaughter- 
ing gravid  females  or  nursing  mothers,  it  was  almost  inevitable  that 
some  fundamental  mistakes  should  be  made  as  to  the  nature  and  hab- 
its of  the  animals  and  that  statements  should  be  adoptsd  and  theories 
advanced  which,  upon  their  face,  are  utterly  unworthy  of  countenance 
or  respect.  The  animal  discovered  by  the  British  Commissioners  might 
be  defined  to  be  a  mammal  essentially  pelagic  in  its  natural  condition 
and  which  might  be  entirely  so  if  it  chose  to  be;  an  animal,  too,  which 
is  gradually  assuming  that  exclusive  character.  Coition  takes  place 
very  frequa  itly  and  more  naturally  in  the  water.  It  is  a  polygamous 
animal  and  when  on  laud  exhibits  extreme  jealousy  to  guard  its  hai-em, 


SUiMMAliV    OF    rilK    KVIDE.NCK. 


231 


JR-8KAr,. 

3  so  often 
wide  di- 

In  fact, 
era  from 
nsidored 
I  States. 

a  inulti- 
ers  have 

the  fnr 
tnicrtion, 
[•poses  of 
T'jatures 
'hey  cer- 
d  known 
nd  so,  in 
B  among 
long  the 
ordinary 

have  in 
e  of  the 
tigations 

protect 
extraor- 

almost 
led.  To 
finghter- 
3le  that 
nd  hab- 
theories 
t^-nance 
•8  might 
)ndition 
),  which 
iS  place 
gamous 
I  harem, 


bnt  whether  this  disposition  is  jircst  r\<'(l  iuid  (';;liil)iU'd  in  the  water,  and 
liow  or  wliether  this  is  a  disappearing  trait,  does  not  api)ear.  Two  pups 
are  not  infrequently  (li()p])e(l  at  a  birth,  and  tlie  mothers,  with  ageneroua 
disregard  for  the  ordinary  rules  of  iruiternity  in  nature,  siiekle  their  own 
when  it  is  convenient,  but  take  up  other  pups  indill'erently,  pro- 
vided the  strange  offspring  does  not  betray  the  odor  of  fresh  milk. 
By  this  indiscriminate  disjday  of  maternal  instinct  the  generality  of 
pups  are  sui)|)orted  until  they  are  able  to  jn'ocuro  their  own  food. 
The  loss  of  an  individual  mother  becomes  in  consequence  of  this  a 
matter  of  small  moment,  and,  to  nnike  the  peculiarity  of  the  animal 
especially  remarkable,  it  is  said  to  abstain,  during  several  weeks  of 
the  nursing  period,  from  seeking  food  for  itself  and  for  the  young 
offspring  that  would  generally  be  supposed  to  drain  its  vitality.  Such 
is  the  seal  and  such  are  the  habits,  eai)ecially  of  the  females,  as  seen 
and  described  by  the  British  Commissioners. 

The  expression  of  an  opinion  so  directly  in  conflict  with  those  gen- 
erally received  would  seem  to  require  the  most  cogent  proofs.  Keliablo 
authorities  should  be  cited  and  their  names  given.  Hazardous  conjec- 
tures should  be  wisely  laid  aside;  ignorant,  hasty,  and  prejudiced  gos- 
sip should  be  treated  as  it  deserves,  and  some  effort  made  to  reconcile 
individual  observation  with  generally  accepted  and  accredited  facts. 

The  counsel  for  the  United  States  have  no  hesitation  in  saying  that 
if  the  question  to  be  decided  were  one  in  which  the  common-law  rules 
of  evidence  prevalent  in  both  parties  to  the  Treaty  were  applied,  they 
woul('-  respectfully  insist,  with  much  confidence,  that  therein  no  dispute 
really  as  to  the  main  facts  in  this  case.  A  controversy  as  to  facts  in 
the  juridical  sense  implies  an  assertion  on  the  one  side  and  a  contra- 
diction on  the  other;  but  contradictions  can  not  be  predicated  on  state- 
ments unauthenticated  by  proof  and  unsui>ported  by  general  experience. 
It  would  suffice  to  show  that  the  Keport  of  the  Commissioners  from 
Great  Britain  simply  presents  the  assertions  and  conjectures  of  gentle- 
men who,  however  respectable  their  charaiiter  may  be,  were  not  called 
upon  to  express,  and  are  not  justified  in  laying  down  conclusions,  except 
in  80  far  as  they  have  reached  them  by  an  examination  into  actual  facts, 
the  sources  of  which  both  Governments  would  be  entitled  to  consider. 
Justice  to  the  disputants,  as  well  as  a  pioper  respect  for  the  Tribunal, 
woTild  seem  to  dictate  this  necessity  of  avoiding  the  rash  expression  of 
coi\jectares  generally  unsupported,  but  occasionally  founded  on  other 


232 


ARGUMENT   OF   THE    UNITED    STATES. 


like  conjectures  emaiiatinfj  froi:^  ignorance  and  liasty  observers  whose 
names  are  not  infre<pient]y  withheld. 

It  may,  however,  facilitate  the  learned  Arbitrators  in  inquiries  into 
the  facts  referred  to,  to  indicate  the  nature  of  the  evidence  bearing 
upon  tlie  dilTerent  p(»ints  respectively  and  the  places  where  it  may  be 
found.  It  is  believed  that  nothing  more  is  requisite.  Of  matters  not 
in  any  mann( .'  drawn  in  question,  little  or  no  notice  will  be  taken. 


II 


mWJ 


I; 
I- 


'ii 


,1  !■ 
li.li 


II.— The  Difference  between  the  Alaskan  and  the  Russian 

Fur-Seals. 

The  marked  diU'ercnces  between  the  Alaskan  and  the  Russian  seals 
are  such  as  to  be  plaiidy  and  r«iadily  discernible  to  i)crsons  familiar 
with  the  two  herds  and  their  characteristics.  This  once  established 
would  naturally  prove  th.it  there  is  no  commingling  of  the  respective 
herds.  But  we  aie  not  left  to  inference  upon  this  ])(>int,  and  may  con- 
fidently claim  that  the  proposition  is  afhrmatively  established  by  testi- 
mony respectable  and  creditable  in  itself,  while  it  is  wholly  uncoutra- 
di(!ted  by  proof. 

This  is  the  statement  in  the  Case  of  the  United  States: 

The  two  great  lu'rds  oCfni-seals  which  fre(,uent  the  Bering  Sea  and 
Korth  Pacilic  Ocean  and  make  their  homes  on  the  I'ribilof  Islanils  and 
Commander  (Koniandoiski)  islands,  respectively,  are  entirely  distinct 
fnmi  eacli  othei'.  The  dilVcrence  l»etv  ('<'n  the  two  herds  is  so  marked 
that  an  e\])ert  in  handling  and  sorting  seal  skins  can  invariably  dis- 
tinguisii  an  Alasican  iskin  lioin  a  ("oniinandcr  skin.  In  support  of  this 
we  have  abundant  and  most  respectable  tesMmony.  Mr.  Walter  E. 
]\Iartin,  head  of  the  London  linn  of  C.  W.  INIaiti'.i  &  Co.,  which  has 
been  for  many  years  engaged  m  dressing  and  dyeing  seal  skins,  de- 
scribes the  dilVerence  as  I'oliows:  "The  Coppev  Island  (one  of  the  Com- 
mander islands)  skins  sliow  that  tlie  animal  is  narrower  in  the  neck 
and  at  the  tail  tlian  the  Alaska  seal  and  the  fur  is  shorter,  particidarly 
under  tin'  Ili]i]>ers,  and  tlie  hair  has  a  yellower  tinge  than  the  hairs  of 
the  Alaska  seals." 

In  this  statement  he  is  b(n'ne  out  by  Snigeroft',  a  native  chief  on  the 
Commander  Islands  and  once  resident  on  the  I'libilof  Islands. 

C.  W.  I'rice,  lor  twenty  years  addresser  and  examiner  of  raw  vseal- 
skins.  describes  the  dilTercnee  in  tlie  fur  as  being  a  little  darker  in  the 
Commander  skin.  The  latter  skin  is  not  so  i)orous  as  tiie  Alaskan  skin, 
and  is  moiv  dillienlt  to  uiihair.  TheditTercnce  l)et\veen  the  two  classes 
of  skins  has  l)een  I'liither  recognized  by  those  engaged  in  the  seal-skin 
iinlustry  in  their  dillerent  market  valne,  the  Alaska  skins  always  being 
held  from  20  to  .'}(»  jx'r  cent  more  than  the  "Coi)pers"  or  Conunander 
skins.  This  diifcrence  in  value  has  also  been  recognized  by  the  Russian 
Guvurumeut. 


I 


BUMMAIiy   OF   THE   EVIDENCE. 


233 


(A)   THE   HEUDR   ARE  DTFFERENr. 

Mr,  George  Baiitle  (p.  508,  Appendix  to  Case  of  the  United  States, 
Vol,  II),  one  of  the  witnesses  upon  tliis  point,  is  a  packer  and  sorter  of 
raw  fur-kins.  He  had  been  in  that  business,  at  the  time  of  testifying, 
twenty  years,  and  had  handled  many  thous.ands  of  skins.    He  says: 

I  can  tell  hy  examining  a  alcin  whether  it  was  caught  in  season  or  out 
of  season,  and  whether  it  teas  caught  on  the  h.Kssian  side  or  on  the  Aineri- 
cnn  side.  A  Russian  skin  is  generally  coarser,  aTid  the  under  wool  is 
generally  uarker  and  coarser,  than  the  skins  of  seals  cauglit  on  the 
American  side.  A  Russian  skin  does  not  make  as  fine  a  skin  as  the 
.'kins  of  the  seals  caught  on  the  American  side,  and  are  not  wortli  as 
much  in  the  market.    1  can  easily  distinguish  one  liom  the  other. 

Mr.  H.  S.  Bevington,'  M.  A.  (ibid.,  p.  551),  a  subject  of  Her  Britannic 
Majesty,  forty  years  of  age,  the  head  of  the  firm  of  Bevington  &  Mor- 
ris, 28  Common  street,  in  the  city  of  London,  was  sworn  and  testified 
upon  the  subject.  His  testimony  is  interesting,  and  may  be  found  at 
page  550,  Volume  ii,  of  the  Ajipendix  to  United  States  Case.  Upon  the 
subject  of  the  variations  observable,  he  says: 

That  the  differences  between  the  three  several  sorts  of  skins  last 
mentioned  are  so  marked  as  to  enabhi  any  person  skilled  in  the  busi- 
ness or  accustomed  to  handle  the  same  to  readily  distinguish  theskins 
of  one  catch  from  those  of  anotlier,  especially  in  hulk,  and  it  is  the  fact 
that  when  they  reach  the  market  the  skins  of  each  chiss  (ionie  separ- 
ately and  are  not  found  mingled  Avith  those  helongiiig  to  the  other 
classes.  The  skins  of  the  Copper  Isliind  catch  are  <listinguished  from 
tlie  skins  of  the  Alaska  and  Northwest  catch,  which  two  last-mentioned 
classes  of  skins  appear  to  be  nearly  allied  to  each  other  and  are  of  the 
same  general  character,  by  reason  of  the  fact  that  in  their  raw  state  the 
Copper  skins  are  lighter  in  color  than  eitluu"  of  the  other  tw</,  and  in 
the  dyed  state  ther>  is  a  marked  ditterence  in  the  appearance  of  the 
fur  of  the  Copper  and  the  other  two  classes  of  skins,  i  lus  ditterence 
is  difficult  to  describe  to  a  person  unaccustomed  to  l.aii'iie  skins,  but  it 
is  nevertheless  clear  and  distinct  to  an  expert,  and  mav  lit  generally  de- 
scribed by  saying  that  the  Copper  skins  are  of  a  dosv;,  sliort  and  shiny 
fur,  particularly  uown  by  thefiank,  to  a  greater  extent  that  the  Alaska 
and  Northwest  skins. 

Joseph  Stanley-Brown  {ibid.,  p.  12)  a  geologist  of  distinction,  resid- 
ing at  Mentor,  Ohio,  was  commissioned  by  the  Secretary  of  the  Treas- 
ury to  visit  the  Pribilof  Islands  for  the  purpose  of  studying  the  seal 
life  found  thereonj  he  spent  one  hundred  and  thirty  days  in  actual  inves- 
tigation and  study  of  the  subject.  While  he  does  not  claim  to  have 
become  an  expert  in  that  time  as  to  the  various  and  distinguishing 


234 


ARGUMENT  OP  THE    UNITED   STATES. 


ji    I 

!  id- 


Hiii: 


ill  . 
ii- 


characteristics  of  the  aniinalf,  he  stated  the  result  of  his  efforts  to 
ascertain  the  truth  in  this  respect: 

I  learned  th.at  fur-seals  of  the  species  CaUorliinvs  vrsivv/t  do  breed 
and  haul  out  at  the  Conmiander  Islands  and  "  Kobben  Kcef,"  but  the 
siaicmenlH  matte  to  me  were  una)nmovs  that  they  area  sepaiiite  herd,  the 
pe'  of  whicli  is  readily  distinguished  from  tliat  of  the  Pribilof  herd,  aud 
that  the  two  herds  do  not  intermingle. 

Isaac  Liobes,  a  far  merchant  of  twenty-three  years  standing,  residing 
at  San  Francisco,  claims  to  have  handled  more  raw  fur-seal  skins  than 
any  other  rudividual  in  tlic  United  States  or  Canada  and  more  than 
any  firm  or  cor])oration  except  the  lessees  of  the  sealeries  of  the  Pribilof 
and  Commander  Islands.  His  Avhole  deposition,  based  as  it  is  upon 
long  practice  and  experience,  may  be  read  with  profit.  On  the  subject 
of  the  (lifterences  between  the  skins  of  animals  belonging  to  the  re- 
spective herds,  he  says :  {ibid.,  p.  445.) 

The  seals  to  which  I  have  reference  are  known  to  myself  and  to  the 
trade  as  the  Northwest  Coast  seals,  sometimes  calk'd  "Victorias." 
This  herd  belongs  soldi/  to  the  Prihilnf  Islands,  and  is  easily  distinguish- 
able by  the  fur  from  the  fur-seals  of  the  other  northern  rookeries,  and 
still  easier  from  those  of  the  soutli.  All  expert  sealskin  assorters  are  able 
to  tell  one  from  the  other  of  either  of  these  dijfcrent  herds.  ±lach  has  its 
own  characteristics  and  values. 

To  the  same  elfect  is  the  deposition  of  Sidney  Liebes,  a  fur  dealer  of 
San  Francisco.  He  had  been  engaged  in  the  fur  business  for  the  last 
six  yeai's,  at  the  time  of  testifying.  He  testified  in  substance,  as  did 
the  other  witnesses,  as  follows  {ibid.,  p.  516): 

My  age  is  -!2.  1  reside  i7i  Ran  Francisco,  and  am  by  occupation  a 
furrier,  having  been  engitged  in  tluit  business  for  the  last  six  years. 
I  have  made  it  my  Inisincss  to  exiiuiine  raw  seal  skins  brought  to  this 
city  for  sale,  and  am  ianiiliar  with  the  diflcient  kinds  of  seal-skins  iu 
the  nuirket.  1  can  tell  fioin  an  examination  of  a  skin  whether  it  has 
been  caught  on  the  Kussian  or  Ameiican  side.  I  have  found  that  the 
liussian  skins  were  flat  and  smaller,  and  somewhat  difierent  in  color 
in  the  under  wool,  than  those  canght  on  the  American  side.  In  my 
opinion  they  are  of  an  interior  (jnality.  The  Alaska  skins  are  larger 
and  the  hair  is  iiinch  finer.  The  color  of  the  under  wool  is  also  dili'er- 
ent.  I  have  no  dilliculty  in  distinguishing  one  skin  fi-om  the  other.  1 
am  of  opinion  that  they  belong  to  an  entirely  separate  and  distinct 
herd.  In  my  examination  of  skins  olfered  for  sale  by  sealing  schooners 
i  found  that  over  00  jter  cent  Avere  skins  taken  from  females.  The 
sides  of  the  female  skins  are  swollen,  and  are  wider  on  the  belly  than 
those  of  males.  The  teats  are  very  discernible  on  the  females,  and  it 
can  be  plainly  seen  where  the  young  have  been  suckling.  The  head  of 
the  female  is  also  much  narrower. 


SUMMARY   OF   THE   EVIDENCE. 


235 


Mr.  Thomas  F,  Morfran  ^yas  the  agent,  in  1891,  ol'  the  Eiissian  Sealskin 
Company  of  Petersburg.  Prior  to  that  time  he  liad  been  engaged  in 
seal  fishing;  he  resided  several  years,  as  agent  of  the  Alaska  Commer- 
cial Company,  on  the  Pribilof  Islands.  His  long  and  varied  experience 
fitted  him  in  an  especial  manner  to  testify  iutelligeutly  on  the  subject. 
He  says  {ibid.,  p.  61) : 

The  Alaska  fur-seal  breeds,  I  am  thorovghly  convinced,  only  vpon  tJie 
Pribilof  Ishinds;  that  I  have  been  on  the  Alaska  coast  and  also  along 
the  Aleutian  Islands;  that  at  no  points  have  I  ever  observed  seals  haul 
out  on  land  except  at  the  Pribilof  Islands,  nor  have  I  been  able  to 
obtain  any  autlientic  information  which  causes  me  to  believe  such  is 
the  case. 

The  Alaska  fur-seal  is  migratory,  leaving  the  Pribilof  Islands  in  the 
early  winter,  going  southward  into  the  Pacilic  and  returning  again  in 
May,  June,  and  July  to  said  islands.  1  have  observe<l  certain  bull 
seals  return  year  after  year  to  tlie  same  jdace  on  the  rookeries,  and  I 
have  been  informed  by  natives  that  have  lived  on  the  islands  tliat  this 
is  a  well-known  tacit  and  has  been  observed  by  them  so  often  that  they 
stated  it  as  an  absolute  fact. 

It  is  also  interesting  to  note,  from  his  supplemental  sworn  statement, 
that  the  British  Commissioners  had  some  testimony  to  show  that  there 
was  no  identity  between  the  herds  (ibid.,  p.  201) : 

I  was  on  the  Beinng  Island  at  the  same  time  tlmt  Sir  George  Baden- 
Powell  and  Dr.  George  M.  Dawson,  the  British  |>resentatives  ot  the 
Bering  Sea  Joint  Commission,  were  upon  said  isiiind  investigating  the 
liussian  sealeries  iipcm  the  Komandoiski  Islands;  that  1  w;is  present 
at  an  examination,  which  said  Conimissioners  held,  of  .Snic-erofl',  the 
chief  of  the  natives  on  the  Bering  Island,  who,  i)rior  to  tiie  cession  of 
the  Pribilof  Islands  by  llussia  to  the  United  States,  liad  lesided  on  St. 
I'aul,  one  of  the  said  Pribilof  l,sl;nids,  and  that  since  tliat  time  iiad 
been  a  resident  on  said  Bering  Island,  and  during  the  latter  i)art  of 
said  residence  had  occu])ied  tlie  ])ositiou  of  native  chief,  and  as  su(;h, 
superintended  the  taking  and  killing  of  fur-seals  on  said  Bering 
Island;  that  during  said  examination  the  Conunissioners,  througii  au 
interpreter,  asked  said  SniegerotV  if  there  was  any  difference  between 
the  sealn  found  on  the  Pribilof  Islands  and  the  seals  found  on  the 
Komandorski  Islands;  that  said  Sniegeroff'  at  once  reitlied  tlint  there 
was  a  difference,  and  on  further  questioning  stated  that  such  diil'erenee 
consisted  in  the  fact  that  the  Konuui<loiski  Island  seals  were  a  slinuniT 
iuiinud  in  the  neck  and  tiank  than  the  Pribilof  Island  seals;  ami  fur- 
ther, that  both  hair  and  fur  of  the  Komandorski  Island  seal  were 
longer  than  the  Pribilof  Island  seal;  said  Commissiouejs  asked  said 
Sniegeroff"  th.e  further  question  whetl  er  he  believed  that  the  I'ribilof 
herd  and  Komandorski  herd  ever  mingled,  and  he  replied  that  he  did 
not. 

Mr.  John  N.  Lofstad  {ibid.,  p.  516,)  a  fur  merchant  of  San  Francisco, 
testifies  that  he  can  easily  distinguish  the  Copper  Island  seal  in  its 


r^ 


236 


ARGUMENT   OF   THE    UNITED    STATES. 


ill'  ' 


ill 


¥*' 


r  f 


!I-.'S 


undressed  state  from  that  of  the  ALiskan  and  North wost  Coast  skins. 
They  are  of  an  entirely  distinct  and  separare  herd,  while  those  of  the 
Northwest  Coast  and  Pribilof  Islands  are  of  the  same  variety.  He 
says: 

I  have  been  in  the  business  for  twenty-eight  years  dnring  which  time 
I  have  bought  large  numbers  of  dressed  and  undressed  fur  skins,  and 
I  am  thoroughly  familiar  with  the  business.  I  can  easily  distinguish 
the  Copper  Island  fur-seal  skin  in  its  undressed  state  from  that  of  the 
Alaskan  and  Northwest  Coast  skins.  They  are  of  an  entirely  distinct 
and  separate  herd,  while  those  of  the  Northwest  Coast  and  Pribilof  Is- 
lands are  of  the  same  variety. 

To  the  same  effect  Mr.  Gustave  Niebaum  {ihid.,  p.  78),  Mr.  Niebaum's 
experience  was  such  as  to  entitle  him  to  speak  as  an  expert.  His 
opportunities  to  inform  himself  thoroughly  on  all  matters  connected 
with  sealeries  were  of  the  best,  and  at  the  same  time  he  had  no  interest 
■whatever  in  the  sealeries  or  the  seal-skin  trade.  He  is  a  native  of  Fin- 
land and  became  an  American  citizen  by  the  transfer  of  Alaska  to  the 
United  States.  He  was  vice-consul  of  Ilussia  at  San  Francisco  from 
1880  to  1891.    He  says: 

I  was  formerly,  as  I  have  stated,  interested  in  the  Commander 
seal  islands,  as  well  as  those  of  Alaslva.  The  two  herds  are  separate 
and  distinct,  the  fur  being  of  ditt'erent  quality  and  appearance.  The 
two  classes  of  skins  have  always  been  held  at  did'erent  values  in  the 
London  market,  the  Alaskan  bringing  invariably  a  higher  price  than 
the  Siberian  of  the  same  weight  and  size  of  skins.  I  think  each  herd 
keeps  upon  itd  own  feeding  grounds  along  the  respective  coasts  they 
inhabit. 

It  may  be  unnecessary — as  it  would  certainly  be  monotonous — ^to 
multiply  citations.  Othei-  witnesses,  liowevcr,  testify  to  the  same  efl'ect. 
The  American  Commissioners  have  given  tlieir  names  and  addresses, 
as  well  as  their  sworn  statements.  The  Arbitrators  will,  therefore,  be 
enabled  to  determine  whether  or  not  the  eviden<',e  is,  as  we  claim  that 
it  is,  absolutely  conclusive.  In  a  court  of  law,  such  a  concensus  of 
opinion  and  statement  made  under  the  s.anction  of  an  oath  and  uncon- 
tradicted, save  by  more  or  less  ingenious  but  unsustaincd  conjecture, 
would  satisfy  the  judgment  of  the  most  exacting  judge.  Other  dei)0- 
sitions  equally  important  may  be  quoted  in  ad<lition  to  the  above. 

Mr.  Walter  E.  Martin  {ihicL,  p.  509),  was,  at  the  time  of  giving  his 
testimony,  a  subject  of  Her  Majesty,  residing  at  the  city  of  St.  Albans, 
He  had  been  engaged,  on  a  very  large  scale,  iu  the  business  of  dress- 


|i  ; 


SUMMARY    OP  THE   EVIDENCE. 


237 


ing  and  dyeing  sealskins.  He  says  that  if  one  thousand  Copper  Island 
skins  were  mingled  among  ninety-nine  thousand  Alaska  skins,  it  would 
be  i)ossible  for  any  one  skilled  in  the  business  to  extract  nine  hundred 
and  fifty  of  the  Copi)er  Island  skins  and  to  separate  them  from  the 
ninety-nine  thousand  and  fifty  of  the  Alaska  catch,  and  vice  versa. 

Mr.  N.  B.  Miller  {ibid.,  p.  199).  Mr.  Miller  was  at  the  time  of  testi- 
fying an  assistant  in  the  scientific  department  of  the  United  States  Fish 
Commission  steamer  Albatross.  He  had  made  five  cruises  in  Alaskan 
waters;  he  says: 

The  seals  of  the  Commander  Islands  are  grayer  in  color  and  of  a 
slighter  build  throughout  the  body.  The  bulls  have  not  such  heavy 
manes  or  fur  capes,  tlie  hair  on  the,  shoulders  being  much  shorter  and 
not  nearly  so  thick.  The  younger  seals  have  longer  and  more  slender 
necks  apparently.    I  noticed  this  difference  between  the  seals  at  once. 

Mr.  John  J.  Phelan  {ibid.,  p.  518)  was  a  citizen  of  the  United  States 
and  a  resident  of  Albany,  N.  Y.  He  was  35  years  of  age  at  the  time  of 
giving  his  deposition,  and  since  the  age  of  eleven  had  been  in  the  fur 
business.  His  practical  and  active  experience  was  very  large  during 
those  twenty-three  years.  He  had  noticed  the  ditt'ereuce  in  the  seals, 
both  in  their  raw  state  and  during  the  processes  of  dressing.  He 
explained  minutely  the  point  of  difference. 

Mr.  Henry  Poland  {ibid.,  p.  570)  was  a  subject  of  Her  Majesty 
and  the  head  of  the  firm  of  P.  It.  Poland  &  Son,  doing  business  at 
110  Queen  Victoria  street,  in  the  city  of  London.  The  firm  of  which 
he  was  a  member  had  been  engaged  in  the  business  of  furs  and  skins 
for  upwards  of  one  hundred  years,  having  been  founded  by  his  great- 
grandfather in  the  year  1785.  His  judgment,  evidently,  is  entitled  to 
great  respect.  He  corroborates  the  other  witnesses,  and  says  that  the 
three  classes  of  skins  are  easily  distinguishable  fiom  each  other  by  any 
person  skilled  in  the  business.  He  had  personally  handled  the  sam- 
ples of  the  skins  dealt  in  by  his  firm,  and  would  have  no  dilficulty  in 
distinguishing  them.  In  fact,  the  skins  of  each  of  the  three  classes 
have  ditt'erent  values  and  command  different  prices  in  the  market. 

Mr.  Charles  W.  Price  {ibid.,  p.  521)  is  a  very  expert  examiner  of  raw 
fur-skins,  of  San  Francisco.  He  had  been  engaged  in  the  business 
twenty  years  when  he  was  examined  by  the  Commissioners  of  the  United 
States;  he  had  had  a  large  practical  experience.  He  gives  the  points 
if  difference  between  the  Kussian  and  American  skins,  and  states, 
as  did  Mr.  Poland  and  other  witnesses,  that  the  seals  ou  the  Eussiau 


238 


ARGUMENT   OF   THE   UNITED   STATES. 


side  are  a  distinct  and  different  herd  from  those  on  the  American  side, 
and  are  not  as  vahiable. 

Mr.  George  Kice  {ibid.,  p.  572)  is  another  witness  whose  testimony 
should  command  respect.  He  was  fifty  years  of  age  and  a  subject 
of  Her  Majesty,  He  had  been  engaged  actively  in  the  business 
han<lling  fur  seal  skins  for  twenty-seven  years  and  had  acquired  a 
general  and  detailed  knowledge  of  the  diflerent  kinds  of  fur  seal  skins 
and  of  the  differences  which  distinguish  them,  as  well  as  the  history, 
character,  and  manner  of  conducting  the  fur-seal  sealskin  business  In 
the  city  of  London,  He  says  that  the  differences  between  the  several 
classes  of  skins  are  very  marl-ed,  which  enable  anybody  who  is  skilled 
in  the  business  to  distinguish  the  skins  of  one  class  from  the  skins 
which  belong  to  either  of  the  other  classes.  He  also  stated,  as  did  the 
other  experts,  that  these  differences  are  evidenced  by  the  fact  that  the 
skins  obtain  different  prices  in  the  market.  The  testimony  of  this  gen- 
tleman deserves  special  attention  j  it  is  intelligently  given  and  is  very 
instructive. 

Mr.  Leon  Sloss  {ibid.,  p.  90)  is  a  native  of  California  and  a  resi- 
dent of  San  Francisco,  He  was  for  several  years  a  director  of  the 
Alaska  Commercial  Company,  and  a  member  of  the  partnership 
of  Louis  Sloss  &  Co.,  and  had  been  engaged  for  fifteen  years  in  dealing 
in  wools,  hides,  and  fur-skins.  At  the  time  of  testifying,  he  had  no 
interest  in  seals  or  sealeries.  He  had  been  superintendent  of  the 
Alaska  sealeries  joro  tem2wre  fvom  1882  to  1885,  inclusive,  and  spent 
the  sealing  season  of  those  three  years  on  the  Pribilof  Islands  in  the 
personal  management  of  the  business.  He  became  acquainted,  as  he 
testifies,  vith  every  aspect  of  the  business.  All  advices  from  the  Lon- 
don agents  and  information  in  regard  to  the  sealskin  market,  from  all 
sources,  passed  through  his  hands,  and  instructions  to  agents  of  the 
company  in  regard  to  the  classes  of  skins  desired  emanated  from  time 
to  time  from  him.  He  was  emphatic  in  his  statement  that  the  difference 
between  the  Northern  and  Southern  skins  that  came  to  the  port  of  San 
Francisco  could  be  detected  at  once.  While  it  was  not  as  easy  to  dis- 
tinguish the  Alaskan  from  the  Asiatic  skinti,  experts  in  handling  them 
do  it  witlt  xnerring  accuracy. 

Mr.  William  C.  B.  Stamp  {ibid.,  p.  574)  was  51  years  of  age  at  the 
time  of  testifying,  and  a  subject  of  Her  Majesty.  He  was  engaged  in 
the  business  at  38  Knightrider  street,  London,  E.  C,  as  a  fur-skin 
merchant.    He  had  been  engaged  in  that  business  for  over  thirty 


8UMMARY    OF    TIFE    EVIDENCE. 


239 


years  and  had  personally  haiKlled  many  thousand  of  ftir-seal  skins, 
besides  inspedtiu};  samples  at  practically  every  sale  of  fur  skins  made 
in  London  during  the  whole  of  the  time  he  had  been  in  business. 
He  had  thus  acquired  a  gt'iieral  and  detailed  knowledge  of  the  history 
of  the  business  and  of  the  characjter  and  differences  which  distinguish 
the  several  kinds  of  skins  on  the  market.  He  stated  it  as  his  judgment 
that  the  skins  of  the  several  catches  are  readily  distinguishable  from 
each  other,  and  the  skins  of  the  different  sexes  may  be  as  readily  dis- 
tinguished as  the  skins  of  the  different  sexes  of  any  other  animal.  He 
added  that  the  difference  between  the  skins  of  the  three  catches  are  so 
marked  that  they  have  always  been  expressed  in  the  different  prices 
obtained  for  the  skins.  He  instances  the  sales  on  the  list,  which  were 
as  follows :  For  the  Alaska  skins,  125  shillings  per  skin;  for  the  Copper 
skins,  68  shillings  per  skin;  and  for  the  Northwest,  53  shillings  per 
skin. 

Emil  Teichraann  {ibid.,  p.  576),  was  by  birth  a  subject  of  the  King- 
dom of  Wurtemburg,  and  had  become  a  naturalized  citizen  of  Her 
Majesty  from  the  time  of  reaching  his  manhood.  He  was  46  years 
of  age  at  the  time  of  testifying.  He  had  been  engaged  in  the  fur 
business  since  1868,  and  had  resided  in  England  and  done  business 
in  London.  From  1873  to  1880,  he  had  been  a  member  of  the  firm  of 
Martin  &  Teichmann,  who  were  then,  as  its  successors  C.  W.  Martin  & 
Son  still  are,  the  largest  dressers  and  dryers  of  sealskins  in  the  world. 
He  hixd  personally  handled  many  hundreds  of  thousands  of  fur  seal  sMns 
and  claimed  to  be,  as  well  he  might,  an  expert  on  the  subject  of  the 
various  kinds  of  such  skins.  His  testimony  is  minute  and  gives  de- 
tails as  to  the  peculiarities  which  distinguish  the  skins.  He  states  that 
all  tliose  differences  are  so  marked  as  to  enable  any  expert  readily  to 
distinguish  Copper  from  Alaska  skins,  or  vice  versa,  although  he  adds 
that  in  the  case  of  very  young  animals  the  differences  are  much  less 
marked  than  in  the  case  of  adults. 

George  H.  Treadwell  {ibid.,  p.  523),  at  the  time  of  testifying,  was  55 
fyears  of  age.  He  was  a  citizen  of  the  United  States  and  a  resident 
of  Albany  County,  in  the  State  of  New  York.  His  father,  George 
0.  Treadwell,  in  1832,  started  a  wholesale  fur  business  of  a  general 
cliaracter,  and  liis  son,  the  witness,  became  associated  with  him  in 
1858,  and  upon  his  death,  which  occurred  in  1885,  he  succeeded  to 
the  business.  That  business  is  now  conducted  under  the  name  oi' 
The  George  C.  Treadwell  Company,  a  corporation  formed  under  the 


240 


ARGUMENT   OF   THE    UNITED   STATES. 


ill'      ! 


laws  of  the  State  of  New  Jersey,  of  which  corporation  the  deponent  la 
president.  He  entirely  ajjrees  with  what  Mr.  Phelan  says  concerning 
his  experience  in  the  handling  and  dressing  of  skins,  and  from  what 
he  knows  of  his  character  and  ability  he  believes  that  everything 
stated  by  him  in  his  affidavit  is  correct. 

Henry  Treadwell  {ibid.,  p.  524),  at  the  time  of  testifying,  was  70  years 
of  age  and  resided  in  the  city  of  Brooklyn,  in  the  State  of  New  York. 
He  was  a  member  of  the  firm  of  Treadwell  &  Company,  which  had  been 
dealing  in  furs  since  1832;  they  bought,  dressed  and  dyed  annually 
from  5,000  to  8,000  skins.  Mr.  Treadwell  was  very  emphatic  in  his 
statement  that  the  skins  of  the  three  catches  are  readily  distinguish- 
able, lie  stated  that  he  would  be  able,  himself,  on  an  examination  of 
the  skins  as  they  are  taken  from  the  barrels,  to  detect  at  once  in  a 
barrel  of  Alaska  skins  the  skins  of  either  the  Copper  or  the  northwest- 
ern catch. 

William  H.  Williams  {ibid.,  p.  03)  is  a  citizen  of  the  United  States, 
residing  at  Wellington,  Ohio,  and  was  at  the  time  of  testifying  the 
United  States  Treasury  Agent  in  the  charge  of  the  seal  islands  in 
Bering  Sea.  As  such  and  in  pursuance  of  Department  instructiims, 
he  made  a  careful  examination  of  the  habits  and  conditions  of  the 
seals  and  seal  rookeries,  with  a  view  of  reporting  to  the  Department 
his  observations.  He  says,  agreeing  in  this  with  the  numerous  other 
witnesses  whose  testimony  is  above  given,  that  the  skins  of  the  three 
catches  are  readily  distinguishable  from  each  other.  He  also  states 
that  the  differences  are  clearly  evinced  in  the  prices  which  have 
always  been  obtained  for  the  sealskins  of  the  three  catches.  For  in- 
stance, the  skins  of  the  Alaska  catch  were  then  commanding  20  or  30 
per  cent  better  prices  than  the  skins  of  the  Copper  catch.  This  differ- 
ence is  also  recognized  by  the  Russian  Government,  who  leased  the 
privilege  of  catching  upon  the  Commander  Islands  upon  terms  25  per 
cent  less  than  the  terms  of  the  United  States  for  the  leasea  catch  upon 
the  Pribilof  Islands. 

Mr.  Maurice  Windmiller  {ibid.,  p.  550)  was  a  furrier  doing  business 
in  San  Francisco,  in  waich  business  he  had  been  engaged  all  his  life, 
his  father  having  been  a  furrier  before  him.  He  was  46  years  of  age 
and  claimed  to  be  an  expert  in  dressed  and  undressed,  raw  and  made- 
up  furs,  and  a  manufacturer  and  dealer  in  the  same.  He  was  also  of 
opinion  that  the  Russian  seal  belonged  to  an  entirely  different  herd 
from  those  of  the  American  side,  and  testified  that  their  skins  had 
such  peculiar  chaiauteristics  that  it  was  uot  diiUcult  to  separate  them. 


SUMMARY    OF   TUE   EVIDENCE. 


241 


(B)   THE  ALASKAN    DOES    NOT    jnNGLE    WITH    THE    RUSSIAN   HERD. 

The  statement  in  the  Case  (p.  99)  is  in  the  following  words: 

The  Commander  Islands  herd  is  evidently  distinct  and  sei)arate  from 
the  I'ribilof  Islands  herd.  Its  lioine  is  tlieCominandiT  jironp  of  islands 
on  the  western  side  of  Bering  Sea,  and  its  line  of  niigiation  is  west- 
ward and  soutliward  along  the  Asiatic  coast.  To  snpixjse  that  the  two 
lieids  mingle  and  that  the  same  animal  nniy  at  one  time  be  a  mend)er 
of  one  herd  and  at  another  time  of  tlie  »)ther  is  contrary  to  what  is 
known  of  the  habit  of  migiating  animals  in  general. 

This  statement  is  based  on  the  report  of  the  American  Commissioners 
(page  323  of  the  Case  of  the  United  States),  which  report  states  the 
conclusion  reached  by  them  in  the  following  language: 

The  fur-seals  of  the  Pribilof  Islands  do  not  mix  with  those  of  the 
Commander  and  Kurile  Islands  at  any  time  of  the  year.  In  summer, 
the  two  herds  renmin  entirely  distinct,  separated  by  a  water  interval 
of  several  hundred  miles,  and  in  their  winter  migrations  those  from 
the  Pribilof  Islands  follow  the  American  coast  in  a  southeasterly  di- 
lection,  while  those  from  the  Commander  and  Kurile  Islands  foUow  the 
Siberian  and  Japan  coasts  in  a  soutliwesterly  direction,  the  two  herds 
being  separated  in  winter  by  a  water  interval  of  several  thousand  miles. 
This  regularity  in  the  different  herds  is  in  obeilience  to  tiie  well  known 
law  that  niujnttory  anxnuth  folio tv  (Ifjinitc  routen  ia  mujralion  and  return 
year  alter  year  to  the  same  plnoes  to  breed.  Were  it  not  for  this  law, 
there  would  be  no  such  thing  as  stability  of  species,  for  interbreeding 
and  existence  under  diverse  physiogra^jhic  conditions  would  destroy 
all  specitic  characters. 

The  testimony  in  support  of  this  proposition  seems  to  be  conclusive 
and  certainly  nmst  stand  until  the  learned  counsel  fcr  the  Go  v^eriimetjt 
of  Her  Majesty  succeed  in  producing  the  evidence  of  witncoses  .vho  are 
able  and  willing  to  express  a  different  view. 

It  can  iu)t  be  expected  that  the  witnesses  shall  speak  in  the  same 
positive  and  unqualified  manner  upon  this  matter,  which,  to  some  ex- 
tent, must  be  predicated  upon  conclusions  drawn  from  facts,  as  they 
would  and  do  upon  the  actual  and  observable  dillerences  between  the 
two  families  of  seals.  But  it  will  be  fcund  that  the  testimony  is  the 
best  obtainable  under  the  circumstances  and  can  leave  no  reasonable 
doubt  in  the  minds  of  impartial  persons  that  the  two  herds  are  distinct, 
that  they  follow  definite  loutes  in  migration,  and  that  they  return 
year  after  year  to  the  same  place  to  breed  and  never  interniingle. 

]\Ir.  John  G.  Blair  (Appendix  to  Case  of  the  United  States,  Vol.  II, 
p.  193)  was  at  the  time  of  deposing  an  American  citizen,  67  years  ot 
age,  and  had  been  for  fourteen  years  previous  and  until  recently  master 
14749 ifl 


242 


ARGUMENT   OF   THE    UNITED    STATES. 


of  the  schooner  Leon,  then  employed  by  the  Kussian  Sealskin  Com- 
pany, lie  had  been  constantly  engaj^ed  in  the  i'ur-sealing  industry 
and  was  familiar  with  the  habits  of  these  animals,  botli  on  the  land 
and  in  the  water.  lie  was  in  cliarge  of  and  attended  to  tlie  killing  of 
seals  on  llobben  Ishmd  for  the  lessees  from  1878  to  I880,  taking  from 
1,000  to  4,000  seals  per  aiinnm.  With  the  exception  of  two  years, 
when  he  was  sealing  on  the  Commander  Islands,  he  had  visited  Kob- 
ben  Island  every  year  from  1878  to  1885.  Ilis  testimony  upon  this 
point  is  as  follows : 

f  am  told  and  Itelieve  that  the  Robben  Island  seals  can  be  distinguished 
by  exi)ei'ts  from  those  on  the  Commander  Islands,  and  am  satisfied  that 
they  do  not  mingle  with  them  and  are  a  sepaiate  and  <listinct  herd. 
Tlicy  remain  on  and  about  the  islands  in  large  numbers  xmtil  late  in  the 
fall.  I  have  been  accustomed  to  leave  in  Octobei'  or  early  Novend)er, 
and  seals  were  alwaysjdentilul  at  that  time.  I  am  of  opinion  that  they  do 
not  migrate  to  any  great  distance  from  the  island  during  the  winter,  A 
few  hundred  young  i)ni)s  are  canglit  every  winter  by  the  Japanese  in 
nets  oft'  the  north  end  of  Yesso  Island.  I  have  made  thirty-two  voyages 
between  the  Aleutian  Archipelago  and  the  Commander  Islands,  but 
have  nawv  seen  seals  between  about  longitude  170  west  and  165  east. 
I  am  satistied  that  Alaska  seaJs  do  not  mix  Avith  those  of  Siberia.  I 
have  seen  seals  in  winter  and  known  of  their  being  caught  upou  the 
Asiatic  side  as  far  south  as  30  north  latitude. 

William  H.  Brennan  {ibid.,  p.  358) :  Mr.  Brennau,at  the  time  of  testify- 
ing, resid«!d  at  Seattle,  in  the  State  of  Washington.  He  was  an  Englisli 
subject  by  birth  and  had  spent  the  best  part  of  his  life  in  the  close 
study  of  the  inhabitants  of  the  sea,  including  »cals  and  the  modes  of 
capturing  them,  lie  had  passed  his  examination  as  second  mate  in 
London  in  1874,  and  had  been  to  Austialia,  China,  and  Japan.  lu  the 
last  country  he  had  remained  several  years.  Since  that  time  be  has 
followed  the  sea  as  sailing  captain,  pilot,  and  quartermaster  on  vessels 
sailing  out  of  Victoria,  British  Columbia.    He  testified  as  follows: 

In  my  opinion,  fur-seals  born  on  the  Copper,  Bering,  or  Eobben 
islands  will  naturally  return  to  the  rookery  at  which  they  were  born. 
The  same  thing  is  true  of  those  born  on  the  St.  Paul  or  St.  George 
islands.  No  vessel,  to  my  knowledge,  has  ever  met  a  band  of  seals  in 
midocean  in  the  North  Pacific,  I  have  crossed  said  water  ou  three 
dillerent  occasions,  and  each  time  kei)t  a  close  lookout  for  them.  The 
greater  part  of  the  seals  that  we  find  in  the  North  Pacific  Ocean  are 
born  on  the  islands  in  Bering  Sea.  Most  of  them  leave  there  ih  Octo- 
ber and  November, 

C.  H.  Anderson  {€  id.,  i),  205) :  Mr.  Anderson  was  a  master  mariner  by 
occupation,  residing  in  San  Francisco,  and  had  been  sailing  in  Alaskan 
waters  since  1880.    lie  says: 


SUMMARY    OF   THE    EVIDENCE. 


243 


kin  Corn- 
industry 
tlie  land 
Ivilliiiff  of 
Liiift"  tVoin 
v^o  years, 
tod  ]{()b- 
pou  this 


nfjuishrd 
ifiod  that 
net  lierd. 
iito  in  the 
jveniber, 
It  they  do 
liter.  A 
Kiiiese  in 
> voyages 
iiids,  but 
165  east, 
beria.  I 
ipou  the 


)ftestify- 
1  English 
the  dose 
modes  of 
;  mate  in 
.  In  the 
e  he  has 
n  vessels 
ows: 

Eobben 
ere  born. 
.  George 
'  seals  in 
on  three 
em.  The 
cean  are 
I  ih  Octo- 


arinfir  by 
Alaskan 


1  think  the  Commander  Islands  seals  are  a  ditlerent  body  of  seals 
altogether  from  those  of  the  Tribilot's,  and  that  the  two  herds  never 
mingle.  I  think  the  Connnander  Islands  herd  goes  to  the  southward 
and  westward  toward  the  Japanese  coast.  I  never  knew  of  fur-seals 
hauling  out  to  rest  or  breed  at  :iny  jdaee  in  the  Aleutian  chain,  or 
anywhere,  in  fact,  except  the  well-Unowu  rookeries  of  the  several  seal 
islands  of  Bering  Sea. 

Charles  Bryant  {ihld.,  p.  4) :  Mr.  Bryant,  at  the  time  of  testifying,  was 
72  years  of  age  and  had  resided  in  Plymouth  County,  Massachusetts. 
From  1840  to  1858  he  had  been  engaged  in  whaling  in  the  North 
Pacific  Ocean  or  Bering  Sea..  During  the  latter  portion  of  the  time  he 
commanded  a  whaling  vessel.  In  1868  he  was  appointed  as  Special 
Treasury  Agent  to  go  to  the  Pribilof  Islands  to  investigate  and  to 
report  as  to  the  habits  of  the  fur-seal,  the  conditions  of  the  islands  and 
the  most  advantageous  i)lan  to  adoi)t  for  the  government  and  manage- 
ment of  the  same.  lie  remained  on  St.  Paul  Island  from  March,  1869, 
to  September  of  that  year.  He  returned  July,  1870,  and  remained 
until  the  fall  of  1871.  Then  in  April,  in  1872,  he  again  arrived  on  St. 
Paul  Island  as  Special  Agent  of  the  Treasury  Department  in  charge 
of  the  seal  islands,  and  he  spent  there  the  sealing  seasons  from  1872 
to  1877,  inclusive,  and  three  winters,  namely,  1872,  1874,  and  1876, 
since  which  time  he  has  lived  in  retirement  at  Mattapoisett,  Plymouth 
county,  Massachusetts.    His  testimony  upon  this  point  is  as  follows: 

The  AlasM  fur-seal  breeds  nowhere  except  on  the  islands.  I  took  par- 
ticular care  in  investigating  the  question  of  what  became  of  the  seal 
held  while  absent  from  the  islands.  My  inquiries  were  made  among 
the  Alaskan  Indians,  half  breeds,  Aleuts,  and  fur-tra<lcrs  along  the 
Northwest  Coast  and  Aleutian  Islands,  One  man,  who  had  been  a 
trapper  for  many  years  along  the  coast,  stated  to  me  that  in  all  his 
experience  he  never  knew  of  but  one  case  wiiere  seals  had  hauled  out 
on  the  Pacific  coast,  and  that  was  when  four  or  five  lauded  on  Queen 
Charlotte  Island.  This  is  tlie  only  case  I  ever  heard  of  seals  coining 
ashore  at  any  other  place  on  tiie  Arra*-rican  side  of  the  Pacific,  except 
the  Pribilof  Islands.  These  seals  are  migratory,  leaving  the  islands 
in  the  early  winter  and  returning  again  in  the  spiiiig.  The  Pribilof 
lierd  does  not  mingle  with  tlie  herd  located  on  tlie  Coinniaiider  Island. 
This  I  know  from  the  fact  that  the  herd  goes  eastward  after  entering 
tlie  Pacific  Ocean,  and  from  questioning  natives  and  half-breeds,  who 
have  resided  in  Kamschatka  as  employes  of  flu--  Itussian  l''iir  Company, 
1  learned  that  the  Commander  herd  on  leaving  their  island  go  south- 
westward  into  the  Okhotsk  Sea  and  the  waters  to  the  southward  of  it 
and  winter  there.  This  fact  was  further  verified  by  whalers  who  find 
tiieiu  there  in  the  early  sjiring. 

The  Alaskan  seals  make  their  home  on  the  Pribilof  Islands  because 
they  need  for  the  period  they  spend  on  laud  a  peculiarly  cool,  moist, 
and  cloudy  climate,  with  very  little  sunshine  or  heavy  lains.  This  pe- 
culiarity of  climate  is  only  to  be  found  on  the  Pribilof  and  Commander 


244 


ARGUMENT  OP   THE   UNITED   STATES. 


I;i 


|::J 

i 


islands,  and  dnrinp  my  long  exporionce  in  the  North  Pnriflc  and  Ber- 
iuii  Scsi  I  nevtM-  touiid  another  locality  which  jiosscssi'd  thi'so  condi- 
tions 80  fiivorablo  to  seal  life.  Add  to  this  fact  tlie  isolated  condition 
of  the  seal  itilauds  aud  wo  cau  readily  see  why  the  seal  selected  this 
homo. 

Mr.  Alfred  Fraser  {ibiil.,  pp.  554,  558)  is  another  witness  to  whoso 
testimony  exceptional  importance  shonld  bo  attached.  He  was  of 
opinion  that  the  herds  from  wliich  skins  are  obtained  do  not  in  fact 
intermingle  with  each  otbei',  because  the  skins  classified  under  the 
head,  of  Copper  catch  are  not  found  among  the  consi;>nnient  of  skins 
received  from  the  Alaska  cntch,  and  vice  versa.  His  testimony  is 
quoted  at  some  length,  and  is  as  follows: 

That  ho  is  a  subject  of  Her  Britannic  Majesty  and  is  52  years  of 
age  and  resides  in  the  city  of  Brooklyn,  in  the  State  of  New  York. 
That  he  is  a  member  of  the  ilriii  of  C.  M.  Laiiipsou  &  Co.,  of  London, 
and  has  been  a  member  of  said  firm  for  about  tiiirteen  years;  prior  to 
that  time  he  was  in  the  employ  of  said  firm  and  took  an  active  i)art  in 
the  management  of  the  business  of  said  lirm  in  London.  That  the 
business  of  C.  M.  Lani])son  &  Co.  is  that  of  merchants,  en,"-aged  princi- 
pally in  the  business  of  selling  skins  on  commission.  That  lor  about 
twenty  four  years  the  firm  of  (!.  M.  Lampson  &  Co.  have  s(dd  the  great 
majority  of  the  whole  number  of  sealskins  sold  in  all  the  markets  of 
the  world.  That  while  he  Avas  engaged  in  tlie  management  of  the 
business  of  said  lirm  in  London,  he  had  personal  knowledge  of  the 
character  of  the  various  sealskins  sold  by  the  said  lirm,  from  his  per- 
sonal inspection  of  the  same  in  tiieir  warehouse  and  Iroui  the  piiysical 
handling  of  the  same  by  him.  That  many  hundred  thousands  of  the 
skins  sold  by  C.  M.  Lam])Son  (S:  Co.  have  i)liysically  ))assed  through 
his  hands;  and  that  since  his  residence  in  this  country  he  has,  as  a  mem- 
ber of  said  lirm,  had  a  general  and  detailed  knowledge  of  the  character 
and  extent  of  the  business  of  said  fiini,  although  since  his  lesidence  iu 
the  city  of  New  York  he  has  not  jthysicuUy  handled  the  skins  dis- 
posed of  by  his  firm. 


Deponent  is  further  of  the  opinion,  from  his  long  observation  and 
handling  of  the  skins  of  the  several  catches,  that  the  skins  of  the  Alaska 
and  Copper  catclu's  are  readily  distinguishable  from  each  other,  and 
that  the  herds  from  which  such  skins  are  obtained  do  not  in  fact  inter- 
mingle with  each  other  because  the  skins  classified  under  the  head  of 
Copper  catch  are  not  found  among  the  consignments  of  skins  received 
from  the  Alaska  catch,  and  vice  versa. 

Deponent  further  says  that  the  distinction  between  the  skins  of  the 
seveial  catches  is  so  maikc  d  that  in  his  jiidgnient  he  would,  for  instance, 
have  had  no  difliculty,  had  there  been  included  among  1(10,000  h'kinsiu 
the  Alaska  catt^h  1,000  skins  of  the  Co]»iter  catch,  in  distinguishing  the 
1,000  Copper  skins  and  sejiaiating  them  fiom  the  90,000  Alaska  sliins, 
or  that  any  other  person  Avilh  ecjual  oi'  ]c>s  ei]ievicnce  in  llie  handling 
of  skins  would  be  equally  able  to  distinjiuish  them.  And  in  the  same 
way  deponent  thinks,  from  his  own  ])eisonal  expei ience  in  handling 
skins,  that  he  would  have  no  difficulty  whatever  iu  sex)aratiug  the  skius 


8UMMAKY    OF    Till':    EVIDENCE. 


245 


of  tho  Nortlnvost  rsitili  tVoiii  the  skins  ot'tlie  Alaska  catch  byroasonof 
tlic  fact  that  tl icy  are  the  skins  ahiiost  exchisivcly  of  fcinah's,  and  also 
that  tli«  fur  n|)()n  tlie  bearin}?  female  seals  is  rnn<!h  thinner  tliau  upon 
the  skin  of  the  male  seal.s,  the  skin  of  the  animal  while  pregnant  being 
extended  and  the  fur  extended  over  a  laiji  o  area. 

Charles  J.  Hague  {ibid.,  p.  207) :  Cai)t.  Hague  is  a  citi/en  of  tho  United 
States  and  a  nnister  nniriner  by  occupation.  TFe  liad  cruised  steadily 
in  Alaskan  waters  since  the  year  1878,  He  had  sailed  principally  about 
the  various  parts  of  the  Aleutian  Islands,  as  far  west  as  Attn,  to  which 
island  he  had  made  about  twenty  trips  from  Unalaska,  principally  in 
the  spring  and  fall  of  the  year.  This  is  his  testimony  upon  tho  point 
now  under  consideration: 

The  main  body  of  the  fui-seal  herd  bound  to  and  from  the  Pribilof 
Islatids  move  through  the  ])asscs  of  the  Kox  Islands,  Unimak  on  the 
east  and  the  West  I'assof  Unmakon  the  west,  being  tiie  limits  between 
whi(!h  they  enter  Jlehring  Sea  in  any  luimber.  I  do  not  know  through 
what  i»asses  tiu;  dilferent  categ<u'ies  move  or  the  times  of  their  n«ove- 
nients.  Karely  see  fur-seals  in  the  Pacific  between  San  Francisco  and 
the  immediate  vicinity  of  the  passes.  1  think  the  fur-^eal  herds  of  tho 
(Commander  and  Pribilof  Islands  are  separate  bodies  of  the  fur-seal 
sjiccies,  whose  numbers  do  not  mingle  witli  each  other.  In  the  latter 
l>avt  of  September,  18G7,  in  tho  brig  Kiutuchi/,  making  passage  between 
;  c'f''c:^»auh)wski  and  Kodiak,  I  observed  the  Commander  Ish  nds  seal 
herd  on  its  way  from  the  rookeries.  Tiiey  moved  in  acomi)act  mass  or 
scliool,  after  the  manner  of  hening,  and  were  making  a  westerly  course 
towards  the  Kurile  Islands.  The  seals  which  I  have  (d)servedon  their 
way  to  the  Pribilof  Islands  do  not  move  in  large  schools;  they  struggle 
along  a  few  at  a  time  in  a  sort  of  a  stream  and  are  often  seen  sleei>ing 
in  the  water  and  playing.  There  are  no  fur-seal  rookeiies  in  the  Aleu- 
tian Islands  that  I  know  of;  in  fa(!t,  1  have  never  heard  of  any  in  tlie 
region  besides  those  on  the  several  well-known  Seal  Islands  of  Bering 
Sea. 

H.  Harmsen  {ibid.,]).  442):  Capt.  ITarmsen  had  been  the  master  of 
a  ship  since  18S0  and  engaged  in  the  business  of  hunting  seals  in  the 
Pacific  and  Bering  Sea  since  1877.  The  following  is  an  abstract  from 
his  testimony: 

Q.  In  your  opinion,  do  the  seals  on  the  Russian  side  intermingle  with 
those  on  the  Pacific  side  or  are  they  a  sei)aratc  herd? — A.  No,  sir; 
they  do  not  come  over  this  way.  They  are  not  a  ditl'erent  breed,  but 
they  keep  over  by  themselves;  at  least  I  don't  think  so.  Tiiey  follow 
tiieir  own  stream  along  tiiere.  There  is  so  much  water  there  where 
I  here  are  seals,  and  so  much  where  there  are  not.  They  are  by  them- 
selves. 


«kius 


Samuel  Kahoorof  (i&i<f.,  p.  214) :  Kahoorof  is  a  native  of  Attn  Island,  62 
years  of  age,  and  a  hunter  of  the  sea  otter  and  blue  fox.    He  had  lived 


246 


ARGUMENT   OF   THE    UNITED    STATES. 


Hi 


in  the  same  place  all  liis  life.    We  extract  that  part  of  his  testimony 
which  bears  u[M)n  the  question  now  under  iuimediate  consideration: 

Have  seen  only  three  fnr-seals  in  this  region  in  rwenty  years.  Saw 
them  in  May,  1H!)(),  traveling  aloii<>- the  north  -  .deof  Attn  Island,  about 
5  miles  off  slice,  and  maldnjia.  northwester!/  course.  Tliey  were  young 
nuiles,  1  tiiink.  Fur  seals  do  not  legularly  visit  tliese  islands  now,  but 
{ilxmt  twenty-live  or  thirty  years  ago  i  nm^'i]  to  se<^  siuall  squads  of  large 
seals  during  the  month  of  Jjine  feeding  and  sleeping  about  the  kelp 
patches <>1f  the  eastein  shores  of  Mtu  and  Agattu  Islands.  Tliey  came 
fr(»m  the  scnitlnvard  and  traveled  in  a  northwesterly  direction.  Never 
saw  any  fur  seals  east  of  the  Semichi  Islands  and  do  not  think  that 
those  ef  the  Commander  Islands  herd  go  fartlier  to  the  eastward  than 
tlnit.  They  decreased  in  numbers  gradually,  and  during  the  last  twenty 
years  I  have  only  seen  the  three  al>ove  mentioned.  Have  never  seen  a 
nursing  or  mother  cow  or  black  or  gray  pup  in  this  region,  and  do  not 
think  tliey  ever  visit  it. 

John  Malowansky  {ihi(h,  p.  lOS) :  IMr.lNralowansky  is  a  resident  of  San 
Francisco,  an  American  citizen,  but  a  llussian  by  birth.  He  was,  at  the 
time  of  testifying,  a  merchant  by  profession  and  an  agent  for  the  Kns- 
sian  Sealskin  Company.  He  r(\sided  on  the  Commander  Islands  in  18G0, 
1870,  and  1871,  and  was  then  engaged  in  the  sealing  business.  He  was 
tiieie  again  in  1887,  as  agent  of  the  comjjany.  He  formerly  lived  in 
Kanitchatka  and  freqiuMitly  visited  the  Commander  Islands  between 
1871  and  1887.  He  was  an  expert  in  all  mat  ters  relating  to  the  fur-seal 
trade,  es[)eeially  on  the  IJussian  side  of  the  Bering  Sea.  The  follow- 
ing is  an  extract  from  his  testimony: 

The  seals  of  the  Commander  Islands  are  of  a  different  variety  from 
those  of  the  Fribiiol's.  Tin  fur  is  not  so  thick  and  bright  and  is  of  a 
somewhat  inferior  quality.  They  form  a  distinct  herd  from  that  of  St. 
I'aul  and  St.  tleoige.  and  in  my  oi>inion  the  two  do  not  intermingle. 

1  was  inesent  as  interpreter  when  the  Ijigiish  Commissioners  were 
taking  testimony  on  Bering  Island.  They  examined  among  otiiers, 
when  I  was  present,  rielim  Snigerolf,  Chief  of  Beiing  Island,  lie  heing 
the  person  selected  by  then)  there  from  which  to  i)rocure  tiie  testimony 
relating  to  the  habits  and  killing  of  seals.  This  Sni'i'erotf  testified 
that  he  had  lived  on  the  IViihilof  Islands  for  many  years  and  knew  the 
distinctive  characti'ristics of  both  herds  (Commander  and  I'ribilof)  and 
their  habits  and  that  he  removed  i'roin  thence  to  I'ering  Island,  lie 
pointed  out  that  the  two  herds  have  several  dilVerent  characteristics  and 
slated  that  in  his  belief  they  do  not  intermingle. 

FilaretPreko])ief(?6/r/.,]).2]0):  Brokopief  is  a  native  of  Attn  Island,  23 
years  of  age,  and  the  agent  and  storekeeper  at  that  place  of  the  Alaska 
Connnercial  Compa?iy.  His  occujiation  was  that  of  hunter  for  sea-otter 
and  fox,  but  never  for  fur  seal.  This  ccnpatioii  he  pursued  until  the 
time  when  he  was  made  agent.  His  ]>n'  *ing  ground  was  Attn,  Agattu, 
and  the  Semichi  Islands.    This  is  lii-i  testimony: 


SUMMARY   OF    THE    EVII>i:\CE. 


247 


1  never  saw  but  one  furseal  in  tlie  water.  It  was  a  yonnff  male 
which  was  kiUed  in  this  bay  in  September,  ISS-l.  I  (1(»  not  kn()w  of 
any  fur-seal  nmkery  or  other  ])la(;es  where  fur-.seals  Iiaii!  out  on  the 
land  to  breed  or  rest  in  the  Aleutian  Ishiuds,  nor  whcic,  tlie  old  bull 
fur-seals  spoiul  tlie  winter.  I  do  not  know  at  wliat  ti.ne  or  '>y  wliat 
rontco  the  seal  herds  move  to  and  tVoin  the  Bit! nj^  Sea;  hav;  lu^ard 
old  hunters  say  the  Commander  Islands  herd  used  to  pass  elos  '  to  the 
western  shores  of  these  islands  on  their  way  north. 

Eliali  Prokopief  {ibid.,  p.  215)  is  a  native  of  Amehitka  Island  of  the 
Aleutian  chain;  52  years  of  ape;  had  been  a  hunter  all  liis  life,  but  had 
never  hunted  or  killed  a  fur-soal.  llis  hunting  gionnd  was  about 
Attn,  Agkittu,  and  the  Semiehi  Islands.    His  testiniony  is  as  follows: 

Fur  seals  do  not  regularly  frequent  these  regiojis,  and  I  have  seen 
none  but  a  few  seattering  ones  in  twenty  years.  Thiity  years  ago, 
when  the  Russians  controlled  these  islaiuls,  J  used  to  see  a  few  medium- 
sized  fur-seals,  one  or  two  at  a  time,  in  the  sunimcr.  gcncially  in  June, 
traveling  to  the  northwest,  and  bound,  I  tliiidc,  lor  the  Commander 
Islands.  The  farthest  east  I  have  ever  seen  them  was  about  oO  miles 
east  of  the  Semiehi  Islands;  do  notthinkthose  going  to  the  Commander 
Islands  ever  go  farther  east  than  that.  Tliose  most  seen  in  former 
times  were  generally  feeding  and  sleeping  a()ont  tlic  kelp  patches  be- 
tween Attn  and  Agt«ttu,  and  the  Semiehi  Islands,  where  the  mackerel 
abounds.  They  decreased  in  numbers  constantly,  and  now  are  only 
seen  on  very  rare  occasions.  Have  seen  but  half  a.  dozen  in  tlie  last 
twenty  years- they  were  large  seals — bulls,  I  Judged  from  their  size — 
traveling  to  the  nortliwest,  about  30  miles  east  of  (he  Semiehi  Islands. 
This  was  in  May,  1888. 

Have  never  seen  any  pups,  black  or  giay,  or  nursing  female  seals  in 
this  region,  and  do  not  think  they  ever  visit  it.  Do  not  know  of  any 
rookeries  in  the  Aleutian  Ishinds,  nor  any  phu'(^s  where  fur  seals  haul 
out  regularly  on  the  land  or  kelj)  to  breed  or  rest  excei>t  the  iiussian 
and  American  seal  islands  of  Bering  Sea.  Do  not  know  where  the 
old  bull  fur-seals  spend  the  winter,  mtr  what  roui.i  the,  iur- seal  herds 
take  to  and  from  the  Commander  and  I'ribilot'  islands,  nor  at  what 
times  the  herds  ])ass  to  and  from.  Am  (piite  sure  the  herds  do  not 
come  near  enough  together  to  mingle  in  t.  ese  regions.  Have  never 
known  of  fur-seals  being  seen  between  AnieliitUa  and  a.  ])oint  30  miles 
east  of  the  Semiehi  Islands.  Do  not  think  tlieic  are  now  as  many 
fur-seals  as  there  were  thirty  years  ago,  but  do  m  know  the  cause  of 
the  decrease.  Sealing  schooners  do  not  regularly  visit  these  islands. 
Last  August  (1801)  three  of  them  eanie  in  liere  to  get  wat<'r,  but  only 
stayed  a  few  hours  each;  they  had  been  to  the  Commander  Islands 
and  were  going  south. 

Gustfive  Xiebaum  (ibid.,  p.  202) :  The  testimony  of  IMr.  Niebaum  has 
been  cited  above  and  his  (lualihcations  given.  Upon  the  subject  of  the 
alleged  or  possible  commingliug  of  the  dilleient  herds,  he  says  {ibid., 
p.  204): 

I  am  satisfied  that  the  seal  herds  respectively  upon  tlm  Pribilof 
group,  the  Commander  Islands  and  Kobben  Bank,  have  each  their 


I 


248 


ARGUMENT    OF   THE    UNITED    STATES. 


"tiii 


ii 


own  distinctivo  feeding?  grounds  and  peculiar  grounds  of  migration. 
No  doubt  tlu'y  are  of  tlie  same  spccitvs,  but  there  is  a  marked  ditfer- 
ence  in  tlie  fur  of  the  skins  from  the  respective  places,  which  can  be 
distinguished  by  exi)erts. 

0.  A.  Williams  {ibid.,  p.  535) :  Mr.  Williams  is  a  citizen  of  the  United 
States,  a  resident  of  the  city  of  iSTew  London,  in  the  State  of  Connec- 
ticut, and  was  at  the  time  of  testifying  03  years  of  ago.  He  had  been 
largely  engaged  for  a  period  of  upwards  of  forty  years  in  the  whaling 
and  sealing  bu.siness,  in  whicli  ho  had  employed  upward  of  twenty-five 
vessels.    He  says  that  there  is  no  intermingling  of  the  herds. 

The  testimony  of  Alexander  IMcLean  {ibid.,  p.  43(5)  is  to  the  same  eflfect. 
Mr.  McLean  is  a  master  mariner  and  had  been  engaged  for  ten  years, 
at  the  time  of  making  his  deposition,  in  the  business  of  hunting  seals 
in  the  Pacific  or  Bering  Sea. 

To  the  like  elfect  is  the  testimony  of  Daniel  McLean  {ibid.,  p.  443). 
He,  too,  is  a  master  mariner,  and  is  of  opinion  that  the  llussian  and 
Alaskan  herds  are  difl'eient  herds  of  seals  altogether.  His  testimony 
is  as  follows: 

Q.  In  your  o])inion,  do  the  seals  on  the  Russian  side  intermingle 
with  those  on  the  Tacific  side?  A.  No,  sir;  1  do  not  think  so.  They 
are  ditterent  seals  in  my  ()i)inion. 

It  is  only  just  to  add  that  the  British  Commissioners  virtually  make 
the  admission  that  these  herds  are  separate  and  distinct,  although  tlio 
inference  may  be  drawn,  from  some  of  their  statements,  leading  to  a 
contrary  conclusion,  when  the  practical  question  arises  in  connection 
with  an  appreciable  diHerence  in  the  value  of  skins. 

Thus,  for  instance,  the  suggestioii  is  made  of  a  probability  in  the 
future,  in  a  course  of  year.s,  that  a  continued  "harassing"  of  one  group 
might  result  in  a  corresponding  gradual  accession  to  the  otlier,  by 
which  it  is  no  doubt  intended  to  convey  the  idea  that  unless  the  kill- 
ing on  the  Pribilof  Islands  is  disfonlinued  the  soaks  will  migrate  and 
adopt  a  Russian  domicile  (Sec.  '153). 

But  the  same  i)aragraph  adnuts  tliat  <'the  fur-seals  of  the  two  sides 
of  the  North  Pacific  belong  in  the  main  to  practically  distinct  migra- 
tion tracts."  They  add  that  it  is  not  believed  that  any  voluntary  or 
systematic  movement  of  fur-seals  takes  place  from  one  group  of  breed- 
ing islands  to  the  other  ^Sec.  453).  See  also  section  11)8  of  British  Com- 
missioners' report,  that  "wliile  there  i.s  every  reason  to  believe  that  the 
seals  become  more  or  less  commingled  in  Behring  Sea  during  the  sum- 


SUMMARY   OF  THE   EVIDENCE. 


249 


mer  fa  purely  gratuitous  assuuiption],  the  migration  routes  of  tlie  two 
sides  of  tUo  Nortli  Pacific  are  esscutially  distinct."  (tseo  also  Sees. 
170,  198,  21G,  220.) 

Without  any  evidence,  then,  on  the  side  of  the  United  States,  it 
might  be  asserted,  on  the  Jieport  of  the  British  Commissiouers  alone, 
that  any  intermingling  of  the  two  herds  is  abnormal  and  exceptional, 
although  these  gentlemen  are  inclined  to  think  that  in  the  remote 
future  this  separation  may  disappear. 


443). 


(C)  THE  ALASKAN  FUR-SEALS  HAVE  BUT  ONE  HOME,  NAMELY,  THE 
PRIBILOF  ISLANDS.  THEY  NEVER  LEAVE  THIS  HOME  WITHOUT 
THE  ANIMUM  KEVERTENDI,  AND  ARE  NEVER  SEEN  ASHORE  EXCEPT 
ON  THOSE  ISLANDS. 

The  testimony  as  to  this  fact  is  uncontradicted  except  by  the  curious 
and  utterly  unsupported  statement  of  the  British  Commissioners  that 
the  animals  actually  enjoy  and  occupy  two  homes;  that  is,  they  have 
a  winter  domicile,  which  is  not  given,  except  by  a  vague  and  general 
designatiou  (British  Commissioners'  Keport,  Sec.  27),  and  a  summer 
place  of  resort,  which  is  the  Pribilof  Islands.  There  is  no  pretense  that 
they  ever  land  elsewhere.  The  force  of  this  original  suggestion  of  a 
double  residence  wouhl  be  much  increased  if  the  slightest  indication 
were  given  to  enable  us  to  test  the  accuracy  and  to  aid  the  Commis- 
sioners in  satisfying  the  world  of  scientists  that  a  grave  error  lias 
heretofore  been  committed  and  continuously  accepted.  But  as  we  are 
endeavoring  to  treat  the  assertion  as  seriously  and  respectfullj'  as 
liossible,  we  submit  that  in  the  face  of  absolute  and  uncontradicted 
proof,  corroborated  by  generjil  scientific  experience,  we  are  not  bound 
to  devote  any  considerable  space  to  the  demonstration  that  the  fact 
must  be  taken  to  be  as  we  have  stated  it. 

In  fairness  to  the  Commissioners  for  Great  Britain,  it  may  be  proper 
to  call  attention  to  their  own  language,  noting,  however,  the  singular 
process  by  which  they  make  the  migration  of  the  seals  commence  at  an 
uncertain  point  in  the  Pacific  to  reach  their  well-established  home  and 
place  of  nativity  in  the  north. 

The  absurdity  cliargeable  upon  the  British  Commissioners  of  thus 
Ix'ginning  at  an  uncertain  point  to  reach  a  certain  one  is  shown  by 
Capt.  Sc.ammon,  who  has  been  an  oflicer  in  the  United  States  Revo- 
iMie-Mjirine  Service  since  1803.  Mr.  Scammon  is  also  the  author  of 
the  work  entitled  "The  Maiiue  Mammals  of  the  Northwestern  Coast 


250 


ARGUMENT  OF  THE  UNITED  STATES. 


! 


Hi!' 


of  North  America,"  published  by  J.  H.  Cannany  &  Co.,  San  Francisco, 
1874.    He  says: 

The  certainty  that  the  seals  cansht  in  the  Xorth  Pacific  are  in  fact 
abortion  of  the  Pribilof  herd,  and  that  all  are  born,  and  reared  for  the 
Ijrst  few  niontlis,  upon  the  iislands  of  tliat  }>»oup,  Tiaturally  leads  the 
observer  to  regard  them  as  quite  domesticated  and  belonging  upon 
their  island  home.  The  more  onltrlj/  irtiy  to  desciibe  them,  therefore, 
w(mld  be  to  comvuncc  irith  their  birth  upon  the  ifiland  ami  the  beginning 
of  their  migrati(»ns,  rather  than  at  the  end  of  some  one  of  their  annual 
rounds  away  from  home. 

We  now  quote  the  language  of  the  Report  of  the  British  Commis- 
sioners: 

The  fur  seal  of  the  Xorth  Pacific  Ocean  is  an  animal  in  its  nature 
esseutidlli/  pvUtfiic,  whiiih,  during  the  (jrcnter  part  of  each  year,  has  no 
occasion  to  seek  the  land  and  very  rarely  does  so.  For  Home  portion  of 
the  >/('((r,  however,  it  naturally  vosovta  to  certain littoralbroeding  places, 
where  the  youny  arc  broiujht  forth  and  siiehled  on  land.  It  is  gregarious 
in  iiabit,  and,  though  seldom  fouiul  in  delined  schools  or  compact 
bodies  at  sea,  congregates  in  large  numbers  at  the  breeding  places. 
(Sec.  2(;.) 

Then  they  describe  the  migrations  and  continue: 

The  fur-seal  of  the  Xorth  Pacific  may  tlius  be  said,  in  each  case,  to 
have  two  habitats  or  homes  between  wliich  it  migrates,  both  equally 
necessary  to  its  existence,  under  i)resent  circumstances,  the  one  fre- 
quented in  summer,  the  other  during  the  winter. 

Unless  the  vast  expanse  of  sea  bet  ween  the  Aleutian  Islands  and  Cali- 
fornia may  be  considered  a  icinier  habitat,  it  is  difficult  to  see  ui)on  what 
foundation  these  gentlemen  have  felt  justified  in  making  the  statement 
of  a  double  home.  'J'he  object  of  such  an  argumentative  assertion  is  too 
plain  to  require  consideration,  at  least  in  connection  with  this  point. 

The  truth  upon  this  question  of  habitat  or  home  is  as  stated  by  the 
American  Commissioners  in  their  report.  They  use  the  following 
language : 

The  Piibilof  Islands  are  the  home  of  the  Alaskan  fnr-seal  fCallorhi- 
nus  ursiiius).  They  are  peculiarly  adn])ted,  by  reason  of  tlieir  isolation 
and  clintat<'.  for  seal  life,  and  because  of  this  pci^nliar  adaptability  were 
undoubtedly  chosen  by  the  seals  tor  their  habitation.  The  climatic 
(conditions  are  es|)ecially  favorable.  The  seal,  while  on  land,  needs  a 
cool,  moist,  and  chmdy  climate,  sunshineand  warmth  i)roducing  a  very 
injurious  ell'ect  uptm  the  animals.  These  requisite  ])heiiomena  are 
found  at  the  Pribilof  Islands,  and  nowhere  else  in  Bering  Sea  or  the 
North  Pacific  sa\e  at  the  Commander  (Komandorski)  islands.  (Case 
of  the  United  States,  p.  89.) 


SUMMARY    OF   THE    EVIDENCE. 


251 


What  might  be  the  result  if  tlic  seals  were  prevented  from  landing 
to  drop  their  young  at  the  Pribilof  Islands  is  wholly  a  matter  of  eou- 
jecture.  It  W(mld  seem  from  the  testimony  in  the  Case  c^uite  eertain 
that  the  pregnant  females  would  lose  their  young  if  they  were  on  the 
point  of  delivery  when  reaching  the  islands,  and  if  driven  oil  by  man, 
or  by  accident;  they  certainly  would  be  exi)osed  to  great  danger  while 
looking  for  another  home,  even  assuming  this  exercise  of  sound  judg- 
ment in  extremis  to  be  probable.  Such  difliculties  do  not,  however, 
trouble  the  Commissioners,  who  are  satisfied  that  if  they  were  to  be  de- 
barred from  reaching  the  islands  now  chiefly  resorted  to  for  breeding 
l)uri)osos,  they  would  speedily  seek  out  other  places  upon  which  to  give 
birth  to  their  young.    (Report  of  British  Commissioners,  See.  28.) 

This  is  based  upon  "  experience  recorded  elsewhere."  We  fail  to  And 
any  such  recorded  experience  which  would  justify  so  wild  an  assertion. 
On  the  contrary,  it  {ipi)ears  that  when  the  Tieavy  females  liave  been 
debarred  by  ice  from  the  land  they  were  delivered  in  the  water  and 
the  young  perished. 

The  experience  of  the  South  Sea  seals  is  directly  opposed  to  this 
theory.  Exclusion  from  their  usual  haunts  meant  destruction.  Why 
did  they  not  when  shut  off  from  the  resort  of  their  choice  seek  out  a 
new  home,  with  the  proper  conditions  of  climate,  soil,  and  food,  to  take 
the  place  of  the  old  home  from  which  man  had  driven  them?  We  know 
of  no  reasonable  theory  upon  which  it  may  be  plausibly  argued  that 
the  Pribilof  seals  would,  under  the  like  circumstances,  act  ditlerently. 


III. — Movements  of  the  Seals  After  the  Birth  of  the  Young. 

It  being  conceded  that  the  fur-seals  known  as  the  Alaska  seals  breed, 
"at  least  for  the  most  part"  (Report  of  British  Commissioners,  Sec. 
27),  on  the  Pribilof  Islands  in  summer,  it  becomes  important  to  know 
v.'liat  their  movements  may  be  after  the  birth  of  the  young.  There  is 
no  very  material  difference  between  the  statements  of  the  Commis- 
sioners of  the  respective  governments  on  this  i)oint. 

The  breeding  males  begin  to  arrive  on  the  Pribilof  Islands  at  vary- 
ing dates  in  May  and  remain  conlinuously  asiiore  foj-  about  tliree 
months,  after  wliicli  they  are  freed  from  all  duties  on  tlie  breeding 
rookeries  and  only  occasionally  return  to  the  sliores.  The  breeding 
females  arrive,  for  the  most  part,  nearly  a  month  later,  bearing  tlicur 
young  immediately  on  landing,  and  remain  ashore,  jealously  guarded 
by  the  males,  for  several  weeks,  after  which  they  take  every  oppor- 
tunity to  play  in  the  water  close  along  the  beaches,  and  about  a  mouth 


'df. 


252 


ARGUMENT    OF   THE   UNITED   STATES. 


lite 


ill' 


V-M- 


later  tlicy  also  begin  to  leave  the  islands  in  soarcli  of  food  and  migrate 
to  their  winter  habitat.  The  young  males  and  the  young  females  come 
ashore  later  than  tlie  breeding  ncals,  and  at  more  irregular  dates,  and 
haul  out  by  themselves.  Lastly,  the  pups  of  the  year  born  iu  June 
and  July  commence  to  pod,  or  herd  togetlier,  away  from  heir  mothers, 
towards  the  middle  or  end  of  August,  and  after  that  fiequent  the 
beaches  in  great  numbers  and  bathe  and  swim  in  the  surf.  They 
remain  on  the  islands  until  October,  and  even  Noven)ber,  being  auioug 

the  laist  to  leave  (Report  of  the  British  Commissioners,  Sec.  30). 

TheUnited  States  Commissioners  make  the  following  statement,  which 
is  corroborated  by  abundant  evidence.  The  bulls  are  the  male  seals 
from  five  or  six  to  twenty  years  of  age,  and  weigh  from/o«r  hundred  to 
seven  hundred  pounds.  iTliey  arrive  on  the  breeding  ground  in  the  lat- 
ter part  of  April  or  the  first  few  days  of  May,  but  the  time  is,  to  a  cer- 
tain extent,  dependent  upon  the  going  out  of  the  ice  about  the  island. 
(Case  of  the  United  States,  p.  108.)  Toward  the  latter  part  of  May  or 
first  of  June,  the  cows  begin  to  appear  in  the  waters  adjacent  to  the 
island  and  immediately  land  upon  the  breeding  ground.  The  great 
majority,  however,  do  not  haul  up  until  the  latter  part  of  June,  and 
the  arrivals  continue  until  ine  middle  of  July. 

Some  of  the  bulls  at  this  time  (about  the  first  of  August)  begin  to 
leave  the  islands,  aiul  continue  going  until  the  early  ])art  of  October. 
[Case  of  United  States,  p.  112,  citing  witnesses  as  to  this  point.] 

The  ba(!lielor  seals,  or  nonbreeding  males,  ranging  in  age  from  1 
to  f)  or  (J  years,  begin  to  arrive  in  the  vicinity  of  the  islands  soon 
after  the  bulls  have  taken  up  their  positions  upon  the  rookeries,  but 
the  greater  number  api»ear  toward  the  latter  part  of  May.  They  en- 
deavor to  land  upon  the  breeding  grounds,  but  are  driven  off  by  the 
bulls  and  compelled  to  seek  the  hauling  grounds. 

As  to  the  departure  of  the  seals  from  their  home  on  the  Pribilof 
Islands,  there  does  not  seem  to  be  any  question  that  the  statement  in 
the  United  States  Commissioners'  Report  is  correct. 

The  length  of  time  that  a  pup  is  dependent  upon  its  mother,  as  here- 
tofore stated,  compels  her  to  remain  n])on  the  island  until  the  middle 
of  November,  when  the  cold  and  stormy  weather  induces  her  to  start, 
her  pup  being  then  able  to  support  itself  (pp.  119, 120). 


I):i:' 


!;!i' 


The  bachelor  seals  generally  leave  at  the  same  time  as  the  cows  and 
pups  leave  the  island,  though  a  few  bachelors  always  are  fouud  after 
that  period  (p.  122  of  the  case  of  United  States). 

The  Alaskan  herd  has  had  but  one  breeding  place,  which  is  the 
Pribilof  Islands.    While  there  is  no  express  contradiction  as  to  this 


SUMMARY   OF  THE    EVIDENCE. 


253 


lu  the  Keport  of  the  British  Commissioners,  it  may  be  interesting  to 
cite  some  of  the  proof  in  support  of  this  assertion. 

(a)  The  islands  are  in  every  particular  adai)tt'(l  by  climate  and  con- 
ditious  to  the  purpose.  While  it  is  suggested,  as  we  have  seen  above, 
by  the  Uritish  Commissioners,  that  the  seals  would  find  no  difficulty  in 
procuring  anotlier  suitable  place  for  breeding  and  for  passing  the  sum- 
mer months,  this  is  niiuiifestly  a  conjecture  and  need  not  be  dwelt  upon. 

(6)  Tliere  is  no  evidence  tliat  the  animal  has  ever  resorted  to  other 
places,  but  all  the  evidence  before  this  lligli  Tribunal  of  Arbitration 
leads  to  the  inference  above  stated. 

The  language  of  the  Case  on  the  part  of  the  United  States  is  as  fol- 
lows (p.  S'J) : 

The  climatic  conditions  are  especially  favorable.  The  seal,  while  on 
land,  needs  a  cool,  moist,  and  cloudy  <'limate,  sunshine  and  warmth 
producing  a  very  injurious  eltect  upon  the  animals.  Tiiese  requisite 
l)hcn()mena  are  found  at  the  Piibilof  Ishuids  and  nowhere  else  in  IJer- 
ing  Sea  or  the  !North  l*acitic,  save  at  the  Commander  (Komandorski) 
Islands. 

This  is  abundantly  sustained  by  the  proof.  See  upon  this  point 
the  testimony  of  Charles  Bryant  (Aj)pendix  to  Case  of  the  United 
States,  ^^ol.  II,  p.  4),  Capt.  Bryant  having  been  long  engaged  in  whaling 
and  having  acted  as  Special  Treasury  Agent  at  the  Pribilof  Islands. 
Also  Samuel  Falconer  {ibid.,  p.  1(14).  Mr.  Falconer  had  had  long 
experience  as  Treasury  Agent  on  the  islands,  and  otherwise,  and  is  a 
fully  competent  Avitiiess  upon  this  point.  He  assigns  the  reas(m  for  the 
selection  of  this  breeding  locality  by  the  seals  in  the  following  lan- 
guage: 

The  reason  the  seals  have  chosen  these  islands  for  their  home  is  bo- 
cause  the  Pribilof  group  lies  in  a  belt  of  fog,  occasioned  by  the  waters 
ot  the  Arctic  Ocean  coming  down  from  the  north  and  the  warmer  waters 
of  the  Pacific  llowing  north  and  meeting  at  about  this  point  in  Bering 
Sea.  It  is  necessary  that  the  seals  should  have  a  misty  or  foggy 
atmosphere  of  this  kind  while  on  land,  as  sunshine  has  a  very  injurious 
etl'ect  upon  them.  Tlien,  too,  the  islands  are  so  isolated  that  the  seal, 
whi(!h  is  a  very  timid  animal,  remains  here  undisturbed,  as  every  pre- 
caution is  taken  not  to  disturb  the  animals  while  they  are  on  the  rook- 
eries. The  mean  temperature  of  the  islands  is  during  the  winter  about 
2t>°  F.,  and  in  summer  about  i'i^.  1  know  of  no  otlier  locality  which 
possesses  these  peculiarities  of  moisture  and  temperature.  The  grounds 
occupi(!d  by  the  seals  for  breeding  purposes  are  along  the  coast,  ex- 
tending from  high-water  mark  back  to  the  (;li(fs,  which  abound  on  Saint 
(leorge  Island.  The  young  iiialcs  or  bachelors,  not  being  allowed  to 
land  on  these  breeding  places,  lie  back  of  and  around  these  breeding 
grounds  on  areas  designated  hauling  grounds. 


" 


254 


argum^:nt  of  the  united  states. 


Captain  Morgan  says  {ibid.f  p.  01): 

I  believe  that  tlie  cause  the  seals  choose  these  islands  for  their  home 
is  because  of  the  isolation  of  these  Pribilof  Islands  aud  because  the 
climatic  condition  of  these  Pribilof  Islands  is  peculiarly  favorably  to 
seal  life.  Durinj;'  the  time  the  seals  aie  upon  land  the  weather  is  damp 
and  cool,  the  islands  being  almost  continually  enveloped  in  logs,  the 
average  temperature  being  about  41°  F.  during  the  summer. 

See,  too,  Daniel  Webster,  local  agent  for  the  North  American  Com- 
mercial Company,  and  stationed  on  St.  George  Isl.aud,  who  uses  the 
following  language  {ibid.,  p.  180): 

Those  islands  are  isolated  and  seem  to  possess  the  necessary  climatic 
conditions  to  make  them  the  favorite  breeding  grounds  of  the  Alaskan 
fur-seals,  and  it  is  here  they  congregate  during  the  summer  months  of 
each  year  to  bring  forth  and  rear  their  young. 

Mr.  Redpath,  a  resident  of  St.  Paul  Island,  Alaska.  He  had  resided 
on  the  seal  islands  of  St.  Paul  and  St.  George  since  1875,  that  is  to 
say,  at  tiie  time  of  giving  his  deposition,  some  seventeen  years.    He 

testified  as  follows  upon  this  point  (ibid.,  p.  148): 

The  Alaskan  fur  seal  is  a  native  of  the  Pribilof  Islands,  and,  uidess 
prevented,  will  return  to  those  islands  every  year  with  the  I'egularity 
of  the  seasons.  a11  the  peculiarities  of  nature  that  suiround  the  Pribi- 
lof group  of  islands,  such  as  low  and  even  temperature,  fog,  mist,  and 
perpetual  clouded  sky,  seem  to  indicate  their  fitness  and  adaptability 
as  a  home  fur  the  Alaskan  fur-seal;  and  with  an  instinct  bordering  on 
reason,  they  have  selected  these  lonely  and  barren  islands  as  the  choicest 
si)ots  of  earth  upon  which  to  assemble  and  dwell  together  during  their 
six  months  stay  on  land;  and  annually  they  Journey  across  thcmsands 
of  Miilos  of  ocean,  and  pass  1  undieds  of  islands,  without  ])ause  or  rest, 
until  they  come  to  the  place  of  tli<Mi'  birth.  And  it  is  a  well-established 
fact  that  upon  no  other  laud  in  the  world  do  the  Alaskan  fur-seal  haul 
out  of  water. 


■ill 


•Hh! 


IV. — TuE  Entire  Office  of   Eeprodtjction  and  Rearing  of 

YOUlN'a  IS  AND  MUST  BE   PERFORMED   ON  LAND. 

''The  act  of  coition  takes  place  upon  laud"  (Case  of  the  United 
States,  J).  110).  The  correctness  of  this  assertion  is  settled  bej'ond 
controversy  by  the  overwhelming  proof  furnished  by  the  United  States 
Commissioners.  But  had  they  produced  no  evidence  whatever,  it  is 
clear  that  the  data  furnished  by  the  British  Commissioners  themselves 
are  insuliicient  to  cast  reasonable  doubt  upon  the  proposition. 

(a)  The  British  Commissioners,  in  their  report,  begin  with  the  broad 
(aud  incorrect)  statement  tliat  the  fur-seal  is  an  animal  in  its  nature 


SUMMARY    OF    THE    EVIDENCE. 


255 


"e.^aontiiilly  pelagic,"  wbich  "  for  some  portion  of  the  year,  however, 
nahirnlhj  resorts  to  certain  littoral  breeding  places,  where  the  young  are 
broil jilit  forth  and  suckled  on  land"  (Sec.  2G1).  Why  it  is  and  how  it 
hapix'iis  that  an  "essentially  |)clagic"  animal  should  jm /«>•«//// resort  to 
land  for  the  most  important  function  of  its  life  does  not  appear,  and  yet 
the  exceptional  singularity  of  the  circumstance  might  have  made  ex- 
planation reasonable.  It  is  enough  for  the  present  purpose  to  give,  in 
a  word,  the  explanation  of  this  practice  of  resorting  to  land.  It  may 
be  found  in  the  universally  conceded  fact,  that  ichen  the  young  happen  to 
be  born  at  sea  they  perish.  Ability  to  swim  docs  not  come  spontaneously 
or  naturally  to  this  "essentially  pelagic"  aninuil.  It  is  part  of  its  edu- 
cation, and  is  not  always  acquired  witlumt  dilliculty.  The  race  would 
be  at  once  extinguished,  by  failure  of  living  offspring,  if  it  were  confined 
to  its  own  element. 

Passing  this  anomaly  for  the  present  and  again  seeking  information 
from  the  British  Commissioners'  Keport,  we  learn  that  the  breeding 
mules  begin  to  arrive  on  the  Pribilof  Islands  at  varying  dates  in  May 
and  remain  continuously  on  shore /or  about  three  months,  after  which  they 
are  freed  from  all  duties  on  the  breeding  roolceries.  •  *  *  The  breed- 
ing females  arrive  for  the  most  part  nearly  a  month  later,  bearing  their 
young  immediately  on  landing  and  remaining  ashore,  jealously  guarded 
by  the  males  for  several  u'ccls  (Rei)ort  of  British  Commissioners,  Sec.  30). 

It  is  plain  that  the  impregnation  of  the  female  takes  place  during 
these  months  or  weeks.  The  "jealous"  care  of  the  breeding  males, 
their  sojourn  on  the  land  '■•until  they  are  freed  from  all  duties  on  the 
s/<oiT,"  their  patient  waiting  for  the  females;  all  these  facts  show 
that  there  is  a  regular  season  of  coition,  which  extends  as  they  admit 
from  May  until  July  or  August  (see  Eeport  of  British  Commissioners, 
Sec.  30()),  and  that  the  act  takes  place  on  the  land. 

If  this  assertion  needs  further  demonstration,  it  may  be  readily 
iurnished. 

Assuming,  as  we  must,  and  as  the  British  Commissioners  themselves 
declare,  that  it  is  natural  for  the  seal  to  resort  to  land  for  the  purpose 
of  bringing  forth  and  suckling  its  young,  it  being,  moreover,  uncon- 
tradicted that  there  is  but  one  breeding  place  for  this  herd  of  seals, 
viz.,  the  Pribilof  Islands,  it  is  indisputable  that  the  period  of  coitiou 
and  impregnation  must  so  corresi)ond  with  the  i^eriod  of  return  to  the 
islands  as  to  enable  the  mother  to  time  the  period  of  delivery  with  that 
of  reaching  land.    Nature  is  a  wise  and  careful  monitor  in  her  dealings 


266 


ARGUMENT   OF   THE   UNITED   STATES. 


■i.;l  1 
ill 


^11 
li 

I 
jji 


Hi- 

Bit'- 
it.   , 

Ml;--!! 


with  these  and  other  animals  and  they  hoed  her  teachings.  Nothing 
is  left  to  chance  in  the  all-inii>(>itant  matter  of  ijcrpetuating  the  species. 
Coition  and  inipiegnation  at  sea  and  at  irregnhir  times  would  simjdy 
mean  irregularity  of  birth  and  consequent  destruction.  If  the  females 
were  impregnated  at  a:iy  other  season  their  young  would  be  born  at 
sea,  and,  notwithstanding  their  "essentially  pelagic  nature,"  would 
inevitably  perish. 

This  is  further  demonstrated  by  inexorable  figures.  The  breeding 
females,  say  the  British  Commissioners,  arrive  at  the  islands  nearly  a 
mouth  later  than  the  males — that  is  to  say,  in  June — and  "immediately" 
drop  their  young.  Given  the  date  of  birth  (some  time  in  June  or  July) 
and  the  period  of  gestation  (about  fifty  weeks)  (Case  of  the  United  States, 
p.  113),  it  is  not  difficult  to  fix  the  season  of  fertilization,  but  it  is  impossi. 
hie  to  fix  it  at  any  other  time  than  theperiod  of  the  breeding  mothers^  stay  at 
the  islands.  Such  evidence  as  this  outweighs  the  most  ingenious  and 
finely  drawn  conjecture.  Even  were  it  possible  to  show  occasional 
acts  of  coition  in  the  water  after  the  females  have  been  "  released  by 
their  jealous  male  companions"  on  land,  the  fiict  would  only  be  inter- 
esting from  a  scientific  standpoint.  It  would  not  practically  affect  the 
question  nor  alter  the  fact  that  the  coition  which  results  in  fertilizing 
the  female  is  performed  on  land,  as  a  result  of  natural  laws,  the  viola- 
tion of  which  to  any  considerable  extent  must  eventually  endanger  the 
existence  of,  if  not  promptly  and  absolutely  destroy,  the  race. 

The  British  Commissioners,  undeterred  by  these  very  obvious  objec- 
tions and  misled,  no  doubt,  by  inaccurate  and  undisclosed  information, 
assert  that  there  is  a  certain  class  of  "immature  males,"  known  as  "half 
bulls"  or  "reserves,"  that  poach  upon  the  preserves  of  the  seniors  and 
cover  many  of  the  females  which  escape  the  attention  of  the  older 
males  upon  the  rookery  grounds  and  in  such  cases  the  act  of  coition  is 
usually  accomplished  at  sea!    (Sec.  287.) 

It  is  unfortunate  that  an  assertion  inconsistent  with  scientific  in- 
vestigation and  completely  refuted  by  abundant  proof  should  have 
been  thus  lightly  made  and  suffered  to  rest  upon  mere  affirmation. 
The  statement  is  certainly  not  correct;  but,  even  if  it  were,  it  merely 
states,  and  this  most  vaguely,  that  an  irregular  practice  is  sometimes 
followed  in  exceptional  cases. 

But  the  important  point  that  the  "breeding  females"  are  only  served 
by  the  "  breeding  males  "  on  land  is  shown  by  the  report  of  the  British 
Commissioners  themselves : 


.J**., 


SUMMARY    OF    THE    EVIDENCE 


257 


The  remaining — aiirt,  at  the  timn  in  qiu'stioji,  most  important — class 
Is  that  of  the  brei'diii};"  females.  These,  somatiiin;  after  the  birth  of  the 
young  and  the  stihseqiient  copulation  with  the  male,  be;-'!!!  to  leave  the 
rookery  |,'roun(l  and  seek  the  water.  This  they  are  able  to  do  because 
of  the  lessened  interest  of  the  beach  masters  in  them,  and  more  partii;- 
ularly  after  many  of  the  beach-masters  tliemselves  beyiu  to  leave 
their  stands.    (See.  300.) 

In  section  309  Bryant  is  quoted  tlius: 

Bryant,  after  describing  the  relaxation  in  watchfulness  of  the  male 
after  impn'jynation  has  been  acconiidishcd,  siiys  of  the  female:  "From 
that  time  she  lies  either  sh  cping  near  her  young  or  H[ten<l  her  time 
either  floatina  or  plai/inf/  in  the  water  near  the  shore,  returning  occa- 
sionally to  suckle  her  pup." 

This  opinion  is  especially  important,  as  the  same  person  is  relied 
upon  in  another  place  as  authority  to  show  that  tlu-  habit  of  coition  on 
land  has  been  somewhat  modilied  since  1874.  It  eertaiidy  seems 
strange  that  if  coition  on  land  was  the  rule  and  the  exceptions  rare 
prior  to  1874  "coition  on  land  seems  not  to  be  the  natural  method.''''  (Sec. 
L'96.)  There  is  evidently  an  error,  either  in  the  transcription  or  in  the 
original  statement.  Mr.  Bryant  adds  that  "only  rarely — perhaps  in 
three  cases  out  of  ten — is  the  attempt  to  copulate  under  si«'i  circum- 
stances ettectual."  This  is  in  direct  contradiction  to  the  conceded  and 
established  fact  that  the  breeding  females  are  fertilized  on  land.  It  is 
difficult  to  suppose  that  Nature  did  not  teach  those  animals  from  the 
earliest  date  the  most  "natural"  way  of  satisfying  their  instinct  and 
perpetuating  their  species.  Perhaps  the  British  Commissioners  would 
not  have  been  driven  to  theextremity  of  quoting  such  statements  were 
it  not  for  the  necessity  of  supporting  their  theory,  viz,  the  mischievous 
diminution  of  the  males  by  slaughter  on  the  islands. 

Taking  these  statements  altogether,  they  clearly  prove  the  habits  of 
the  breeding  animal  to  be  as  we  have  contended,  subject  possibly 
to  alleged  exce])tions  wiiich,  even  if  iirmly  established,  would  not  im- 
l)air  the  substance  of  the  contention.  It  might,  perhaps,  be  safe  to 
rest  this  branch  of  the  case  at  this  point  and  to  submit  to  this  learned 
Tribunal  that  the  inconsistencies  and  self-repugnances  of  the  lieport  are 
such  as  to  deprive  it  of  all  value  as  a  guide  upon  tins  branch,  at  least, 
of  the  discussion.  We  shall,  however,  even  at  the  risk  of  importunity, 
pursue  the  subject  still  further. 

The  statement  in  the  Case  of  the  United  States  as  to  the  habits  of 
the  seals  in  the  act  of  reproduction  is  as  follows  (p.  110): 
14749 17 


258 


AROUMnNT    OF    TIIK    UMTEIJ   STATES. 


The  act  of  coition  takes  place  u])(m  land,  wiiich  by  reason  of  the  for- 
mation of  the  fi'cMiital  organs  is  similar  to  tliat  of  other  niannnals.  It  is 
violent  in  charu  ter  and  <'()nsnnies  from  five  t()  ei;>ht  minutes. 

This  statement  is  not  a  mere  atlirmatioii  nnsnpported  by  authority 
It  is  based  in  part  n[ioii  the  evidence  of  whicii  we  here  giv<^  abstracts: 

Mr.  .loseph  Staidey-Brown  (Ap))endix  to  Case  of  the  United  States, 
Vol.  II,  p.  14),  a  geologist  by  profession,  and  as  such  employed  in  the 
United  States  (leohjyical  Survey,  says: 

PeUtfjic  coition  I  believe  to  he  imponsihle.  The  procCvSs  upon  land  by 
reason  of  the  formation  of  the  genital  organs  is  tliat  of  a  mammal,  is 
violent  in  character,  and  consumes  from  five  to  eight  minutes.  The 
relativ«'  sizes  of  the  male  ami  female  are  so  disproportioimte  that  coition 
in  water  would  inevitably  submerge  the  female  and  recjuire  that  she 
renniin  under  water  longer  than  would  be  possible  to  such  an  am- 
phibian. I  have  sat  upon  the  dills  for  hours  and  watched  seals  beneath 
me  at  jUay  in  the  clear  water.  It  is  true  that  many  of  their  antics  might 
be  mistaken  for  copulation  by  a  careless  observer,  and  this  may  have 
given  rise  to  tin;  theory  of  pelagic  coition.  I  have  never  seen  a  case 
of  the  many  observed  which  upon  the  facts  could  properly  bo  so  con- 
strued. 


111 


■'lii' 


W 


II,; 


Mr.  John  M.  Morton,  United  States  shipping  commissioner  at  San 
Francisco,  went  to  Alaska  in  1870,  arriving  at  St.  Paul  Island  in  Octo- 
ber. He  remained  until  the  close  of  the  season  in  the  following  year. 
In  1872  he  visited  all  the  trading  posts  of  the  Alaska  Commercial  Com- 
l)any.  The  summer  of  1873  he  spent  on  the  Island  of  St.  George.  In 
187")  and  187(»  he  again  visited  and  spent  both  summers  on  St.  Paul 
Island.  He  was  at  all  times  greatly  interested  in  observing  the  move- 
ments and  habits  of  these  animals,  sind  scarcely  a  day  passed  that  he 
did  not  visit  one  or  more  of  the  rookeries.  During  the  seasons  of 
1877  and  1878,  while  serving  in  the  capacity  of  special  Treasury  Agent, 
ho  devoted  his  best  attention  and  study  to  this  subject. 

This  is  his  language  in  his  sworn  deposition  which  appears  at  page 
07,  Volume  II,  of  the  Appendix  to  the  Case  of  the  United  states: 

I  desire  also  to  express  my  belief  concerning  the  seal  life  that  the 
act  of  copulation  can  not  be  succeftsfully  performed  in  the  tcater  Those 
who  have  witnessed  its  accomplishment  on  the  rookeries  must  coincide 
with  such  opinion.  A  Arm  foundation  lor  the  supi)ort  of  the  animals, 
which  the  grouiul  supplies  and  the  water  does  not,  is  indispensable  to 
oppose  the  pushing  motion  and  forceful  action  of  the  posterior  parts  of 
the  male  which  he  exerts  during  the  coition.  The  closest  observation 
which  I  have  been  able  to  give  to  the  movements  and  habits  of  the 
seals  in  the  water  has  furnished  no  evidence  to  controvert  the  above 
opinion. 


\M 


SUMMARY    OF    TIIK    KVIDENCE. 


250 


8.  R.  Nt'ttlotoii,  a  ic'sidnit  of  !S«'iitM«>,  Wash.,  was  appointed  Special 
A;;«'nt  of  the  Treasury  l>ei>artiiient  in  the  a«ituiiiii  of  l.S8!>,  at  wliich 
time  lie  went  to  the  island  of  St.  Paul  in  the  peiCornianceof  his  duties, 
lie  returned  to  the  States  in  18!»0,  and  in  ISOl  returned  to  St.  i'aul 
Island,  and  remained  there  throujih  .Mine  aiul  .hil.v,  and  was  then 
transferred  to  the  island  of  St.  (leorj^is  where  he  remained  until  June, 
1.S92.  In  the  diseharye  of  his  duties  as  Treasury  ajjent,  he  made  such 
observations  as  could  bo  taken  from  the  breodinjf  rookeries  and  the 
waters  immediately  adjacent  thereto.  His  statenu'.nt  of  facts  is  based 
upon  personal  observation  as  well  as  the  information  received  from  the 
natives  of  such  islands  an«l  the  white  men  resident  theieon. 

This  is  his  language  (Appendix  to  Case  of  the  United  States,  Vol.  II, 
p.  75) : 

Keferrinff  to  the  question  as  to  whether  X)elnfiic  coition  is  possible,  I 
have  to  say  that  1  have  never  seen  it  attempted,  but  from  my  ol)serva- 
tions  I  have  come  to  the  conclusion  that  i)elagic  coition  is  a  physical 
impossibility. 

Dr.  H.  II.  Mclntyre,  superintendent  for  the  lessees  of  the  Pribilot 
Islands,  during  the  entire  term  of  their  lease,  visited  the  islands  twice 
in  the  summer  of  1870,and  therehei"emained  constantly  from  Ai)ril,l<S71, 
until Sei)teniber,  1872, and  thereafter  went  to  the  islands  every  summer 
from  1873  until  1881),  inclusive,  excepting  1883,  1884,  and  1885.  His 
opi)ortunities  for  observation  were  excellent,  for  he  renniined  on  the 
islands  four  months,  from  May  xintil  August,  in  each  season,  supervis- 
ing the  annual  seal  catch,  examining  the  condition  of  seal-life,  study- 
ing the  habits  of  seals,  and,  in  brief,  doing  such  work  as  the  interests 
of  the  lessees  seemed  to  demand.  He  says  ( Ai)peudix  to  Case  of  the 
United  States,   Vol.  II,  p.  42) : 

It  has  been  said  that  cojmlation  also  takes  place  in  the  water  be- 
tween these  young  females  and  tiie  so-called  "nonbreeding  males,"  but 
with  the  closest  scrutiny  of  the  animals  when  both  sexes  were  swim- 
ming and  playing  together  under  conditions  the  most  favorable  in 
which  they  are  ever  found  for  observation,  1  have  bcfju  unable  to  verify 
the  truth  of  this  assertion.  After  coitus  on  shore,  the  young  female 
goes  off  to  the  feeding  grounds  or  remains  <m  or  about  the  beaches, 
(iisporting  on  the  land  or  in  the  water  as  her  inclination  may  lead  her. 
Tlie  male  of  the  same  age  goes  upon  the  "hauling  grtmiuls"  back  of  or 
l)eside  the  rookeries,  where  he  remains  the  greater  ])art  of  the  time,  if 
unmolested,  until  nearly  the  date  of  his  next  migration. 

Mr.  Arthur  Newman  had  lived,  at  the  time  of  his  deposition,  over 
twenty  years  on  the  Aleutian  Islands.    For  eight  years  he  had  been 


.  A'> 


260 


ARGUMENT   OF   THE    UNITED   STATES. 


\m 

'm 


>„l; 


iiii; 


iliii 


agent  for  the  Alaska  Coininercial  Company,  at  Cliernofsky,  and  for 
ten  years  he  had  aeted  in  the  same  cai)acity  at  Uinnak.  He  had  every 
opportunity,  as  will  appear  from  his  deposition  on  page  210,  Vol.  II, 
of  the  Appendix  to  the  Case  of  the  United  States,  to  observe  the  habits 
of  the  seals. 

This  is  his  language: 

I  have  seeu  seals  sleeping  on  kelp  and  feeding  abont  it,  but  have 
never  seen  tliem  copulate  anywhere  ex('ei)t  on  a  rookery.  I  do  not  be- 
lieve that  i)U])s  born  on  kelp  could  be  proi)erly  nursed  and  brought  up. 
1  do  believe  that  it  is  necessary  to  their  suecessfnl  existence  that  they 
be  born  on  land,  since  they  can  not  swim  at  birth. 

Norman  Hodgson  {ibid.,  p.  307),  a  resident  nf  Port  Townsend,  in 
the  State  of  Washington,  and  a  fur-seal  hunter  by  occupation,  gives 
many  interesting  details  as  to  the  habi"^"  jf  the  seal.  On  the  point 
now  under  consideration,  he  says: 

I  do  Jiot  believe  it  i)ossible  for  fur-seals  to  breed  or  copulate  in  the 
water  at  sea,  and  never  saw  or  heard  of  the  action  taking  place  on  a 
patch  of  floating  kelp.  1  have  never  seen  a  young  fur-seal  pup  of  the 
same  season's  birth  in  the  water  at  sea  on  a  patch  of  floating  kelp,  and, 
in  fact,  never  knew  of  their  being  born  anywhere  save  on  a  rookery.  I 
have,  however,  cut  open  a  gravid  cow  and  taken  the  young  one  from 
its  niotlier's  womb  alive  and  crying.  1  do  n«)t  believe  it  possible  for  a 
young  fur-seal  pup  to  be  successfully  raised  unless  born  and  nursed  on  a 
rookery  I  have  seen  fui -seals  resting  on  patches  of  floating  kelp  at 
sea,  but  do  not  believe  they  ever  haul  up  for  breeding  purposes  any- 
where except  on  the  rookeries. 

Charles  Bryant,  who  had  spent  cu.isiderable  time  on  the  Islands  and 
had  acted  during  a  period  of  nine  years  as  special  agent  of  the  Treas- 
ury })epartnient,  says  {ibid.,  p.  0): 

111  watching  the  seals  while  swimming  about  the  islands,  I  have  seen 
cases  wlieie  they  appeared  to  be  ('0])ulating  in  tiie  water,  but  I  am  cer- 
tain, even  if  this  were  tlie  case,  that  the  propagation  of  the  species  is 
not  as  iv  rule  ettected  in  this  way,  the  natural  and  usual  manner  of 
coition  being  upon  laud. 

Capt.  t>anies  W.  Budington,  who  testiPcd  to  his  experience,  which 

was  considerable,  in  seal  hui>cing  at  Cape  Eiorn  and  in  the  Southern 

Atlantic  Ocean,  say  {ibid.,  p.  505): 

I  am  also  convinced  that  copulation  takes  place  on  land  before  they 
migrate,  tlie  period  of  gestation  being  about  eleven  months. 

Samuel  Falconer,  a  witness?    whose   experience  and  qualiiications 

lave  been  mentioned  heretofore,  says  {ibid.,  p.  105): 


SUMMARY    OF   THE    EVIDENCE. 


261 


Ah  a  f?eneral  rule,  the  iiiij)regnation  is  by  tlie  bull  to  wliose  liarein 
she  belongs,  and  not  by  the  young  males,  as  has  sonu'tiines  been  stated. 
These  young  males  also  i)ui'sne  a  female  wlien  she  is  ab^wed  to  leave 
the  harem  ami  go  in  the  water,  but  she  refuses  them,  i  am  positive 
from  my  observations  that  copulation  in  the  water  could  not  be  ett'ec- 
tual,  and  would  be  a  most  unnatural  occurrence. 

John  Armstrong,  for  a  long  time  an  employ*';  in  the  Alaskan  service 
in  connection  with  the  sealeries  testified  with  much  caution,  and  is  the 
only  one  of  the  witnesses  who  does  not  speak  with  absolute  confidence. 
His  testimony  is  as  fallows  {ihid.,  p.  2): 

I  am  asked  whether  the  seals  copulate  in  the  water.  Itisaquestion  that 
is  often  discussed  at  the  islands,  and  neither  the  scientific  observers 
n<n'  the  unscientific  are  able  to  agree  about  it.  I  have  seen  seals  in 
position  when  it  seemed  to  be  attemi>ted,  but  doubt  whether  it  is  effec- 
tually accon)i)lished.  If  it  were,  I  thiidc  we  should  see  pups  sometimes 
born  late  and  out  of  season,  but  such  is  not  the  case. 


V. — The  Pup  is  Entirely  Dependent  upon  its  Mother  for 
Nourishment  fob  Several  Months  after  its  F.irth. 

The  Cows  will  suckle  their  own  Pups  only  and  the  Suck- 
ling IS  DONE  ONLY  ON  LAND. 

As  in  the  case  of  all  mammalia,  the  young  must  be  dependent  for 
Tunirishment  during  -i  certain  period  upon  the  milk  furnished  by  tiie 
mother.  The  proof,  moreover,  is  uncontradi(  ted,  and  the  liritish  Com- 
missioners admit  thai"  the  suckling  is  d<mo  only  on  laiul.  There  is  a 
question  raised,  howeve",  vhicli  it  may  be  useful  to  discuss,  nanu?ly : 
Are  the  pups  suckled  on'y  by  their  mothers  or  do  these  act  indiscrim- 
inately and  give  nourishment  t(»  such  young  as  tliey  may  ha))])en  to 
find  conveniently  at  hand?  It  is  asserted  in  tlie  Case  of  the  United 
States  that  these  animals  constitute  no  excei)tiou  to  the  general  rule  by 
which  the  mother  recognizes  her  own  olfspring  and  nourishes  it  ahuie. 
This  is  the  language  of  the  Case  (page  114) : 

A  cow,  as  soon  as  a  pup  is  brought  forth,  begins  to  give  it  nourish- 
ment, the  act  of  nursing  taking  place  on  land  and  never  in  water,  and 
she  will  only  suckle  her  own  offspring.  Tliis  lact  is  verified  by  all  those 
who  have  ever  studied  seal  life  or  had  experience  upon  the  islands. 

William  Brennan  (Ai)pen(lix  to  Case  of  the  United  States,  Vol.  11,  p. 
3r»J»).  The  testimony  of  I\[r,  Brennan,  a  native  of  (ireat  liritian  and  a 
resident,  at  the  time  of  making  his  deposition  in  1S02,  of  Sentf  le,  in  tlie 
State  0£  Washington,  is  interesting  and  enters  into  minute  details, 


2(12 


ARGUMENT    OF    THlC    UNITKl;    STATES. 


:!,;;: 


wliich  f'ould  only  bo  iiirnisliedby  a  person  who  liiul  practically  shictied 
the  fivibjcct.    lie  says: 

In  May  the  bulls  coniniciice  to  haul  u])  on  the  rookeries,  and  the 
cows  come  three  (»r  four  weeks  later.  The  bulls  choose  such  jiioiindiis 
they  mean  to  hold  throuj^h  the  suiniuer,  lif-lit  sa\a;iely,  and  the 
strouficst  wins.  Each  has  his  own  family,  and  should  a  straiij^'cr 
api)roa(!h,  there  is  war.  On  the  rookeries  one  may  see  all  classes  of 
seals,  ai)art  from  each  other,  the  bu^ls  and  breediii,;^-  cows  in  one  ])lace 
and  the  younj>'  in  another.  The  ])ups  are  born  on  the  rookeries,  and 
renuiin  with  their  mothers,  livin}>'  wholly  upon  tlieir  mothers  milk 
until  they  can  go  into  the  sea  and  care  for  themselves.  There  is  noth- 
ing on  the  beach  for  the  old  ones  to  eat,  and  they  go  seveial  miles 
from  the  rookeries  out  to  sea  to  obtain  food.  When  the  i)ups  are  born 
they  can  not  swim,  and  the  mothers  take  them  to  the  water's  edge, 
wliere  one  can  see  thousands  paddling  and  struggling  in  the  surf.  'J'he 
noi.se  made  by  the  n)others  crying  for  their  pups,  and  the  bleating  of 
the  pups  in  answer,  make  a  constant  roai'.  Tiu'  cow  is  thret^  years  old 
])efore  she  bears  young.  The  pui)S  are  about  forty-five  days  <»ld  before 
they  can  go  into  the  water,  but  they  nurse  the  mother  as  long  as  they 
stay  on  the  i.sland. 

This  testimony,  if  reliable,  and  there  is  no  reason  to  dispute  its  ac- 
curacy, establishes  the  dei)endeuce  of  the  pu])  upon  its  mother  uot  only 
for  food,  but  for  care  and  instruction  in  swimming. 

Joseph  Staidey-Brown,  whose  contributions  to  the  subject  of  fui -seal 
life  and  their  habits  are  extremely  valuable  and  are  frequently  referred 
to  in  the  Case  of  the  United  States,  is  very  eini)hatic  and  satisfactmy 
upon  this  subject.  His  qualifications  have  already  been  .stated  in  con- 
nection with  other  propositions.  Me  .says  {ibid., ))]).  1  .">-]<;) : 

For  the  first  few  days,  and  possibly  foi-  a  week,  or  even  ten  days,  the 
female  is  able  to  nouiish  her  young  or  olTspring,  but  slu^  is  soon  com- 
pelled to  seek  the  sea  for  food,  that  her  voracicnis  young  i'eeder  may  be 
l)roi)erly  nourished,  and  this  seems  to  be  permitted  on  the  part  of  the 
male,  even  though  under  protestation.  The  whole  physical  ecouomy 
of  the  seal  seems  to  be  arranged  tor  alternate  feasting  and  fasting,  and 
it  is  probable  that  in  the  early  days  of  its  life,  the  yoiuig  seal  might  be 
amply  nourished   *    *    *    without  herself  resorting  to  the  sea  for  food. 

The  female  gives  birth  to  but  a  single  pup.  The  lab(»r  is  of  short 
duration,  and  seems  not  to  produce  great  jiaiii.  In  the  lirst  we;  ks  of 
its  life,  tlie  pu])  does  not  seem  to  recognize  its  mother,  but  the  latter 
will  recognize  ai\d  select  her  olfspring  aniong  hundreds. 

The  young,  upon  being  born,  hav(.'  all  tiie  appearance  of  pups  of  a 
Newfoundland  (i(»g  with  Mii»pers.  On  euuMging  from  their  warm  rest- 
ing place  into  the  chill  air,  they  utter  a  ]daintive  bleat  not  unlike  that 
of  a  young  lamb.  The  m<»ther  fondles  them  with  uiany  demonstra- 
tions of  afl'ection,  ami  they  l)egin  nursing  .soon  after  their  birth.  *    *   * 

The  ycamg  seals  reipiire  the  lunuishing  care  of  their  mofhei- for  at 
least  four  months,  and  pups  have  been  kille(l  on  the  island  late  in 
Novend)er  the  siomachs  of  which  were  filled  with  milk.     *     *     * 

The  pups  are  afraid  of  the  watei-;  they  iiave  to  learn  to  swim  by  ra 
peated  efforts,  and  even  when  able  to  maintain  themselves  in  the  quiet 


SUMMARY    OF    THE    EVIDENCE. 


263 


I 


waters  will  rusli  in  franti*^  and  ln<li<'i'()us  Imsfo  away  from  an  approach- 
ing wave,  1  have  taken  jnips  2  or  .'i  weeks  old  and  eanied  tlieiu  out 
into  still  water  and  tliey  awkwardly,  Imt  in  teiror,  floundered  toward 
the  shore,  although  they  eoidd  have  escaped  me  by  going  in  the  other 
direction.  In  three  trials,  ])addling  in  all  al)out  (K)  I'eet,  the  i)ui)S 
became  so  exhausted  that  they  would  have  been  drowned  had  I  not 
rescued  theui.  If  the  i)uj)s,  when  collected  in  grou|).s  or  ])ods  near  the 
shore  were  to  be  overtaken  by  even  a  moderate  surf,  tiiey  would  be 
drowned,  and  such  accidents  t*)  them  do  occur  on  the  island  before 
they  have  entirely  juastercd  the  art  of  swimming. 

Charles  Bryant  has  been  quoted  in  connection  with  other  proposi- 
tions contained  in  the  Case  of  the  United  States.  He  testifies  ui)on  this 
point  as  follows  {ibid.,  p.  5): 

The  pup  is  nursed  by  its  mother  from  its  birth  so  long  as  it  remains 
on  the  islands,  the  motiier  leaving  tlie  islands  at  ditfercnt  intervals 
of  time  alter  the  [>u])  is  3  or  4  days  old.  I  have  seen  i)Ui)s,  which  I 
had  i)reviously  nuirked  with  a  ribbon,  left  tVu'  three  or  four  days  con- 
secutively, the  mothers  going  into  the  water  to  feed  or  bathe.  A 
mother  seal  will  instantly  recogni/.e  her  oll'spring  from  a  huge  group 
of  pups  on  the  rookery,  distingnisliing  it  by  its  ciy  and  smell;  but  I  do 
n<il  think  a  ])up  can  tell  its  o\\  u  mother,  as  it  will  nose  about  any  cow 
which  comes  near  it.  A  female  seal  (h)es  not  suckle  any  j)up  save  her 
own,  and  will  drive  away  any  other  i)ups  which  approach  her. 

1  am  positive  that  if  a  mollier  seal  was  killed  her  pup  must  inevi- 
tably ])erish  by  starvation.  As  evidence  of  this  fact,  I  will  state  that 
1  have  taken  stiay,  motherless  i)ui»s  found  on  the  sand  beaches  and 
placed  them  upon  the  breeding  rookeries  beside  milking  females  and 
in  all  instances  these  pups  have  hnally  died  of  starvation. 

Testimony  such  a.s  this  must  be  coiudusive,  exttept  on  the  theory  of 
absolute  and  intentional  perjury.  It  is  a  satisfaction  to  the  counsel 
for  the  Unit(;d  States  to  be  able  to  state  that  no  witness  has  been  will- 
ing, so  far  as  they  know  and  so  far  as  api)ears  from  the  British  Com- 
missioners' Report,  to  put  himself  upon  record,  with  or  without  oath, 
as  directly  contradicting  thes<^  emphatic  statements. 

John  Fratis,  a,  luitive  of  Ladronic  Islands,  went  to  St.  Paul  Island  in 
1809,  married  a  native  woman  of  that  place  and  ber-ainc'  one  of  the 
people.  Was  made  a  native  s»'aler  aiwd  i-esided  on  the  island  from  that 
time  on.  ilis  experience,  therefore,  is  valuable.  He  says  {ibid.,  p. 
108): 

The  pups  afe  born  soo!i  after  the  arri\  al  of  the  cows,  and  thoy  are 
hel[»less  ami  can  not  swim  and  tiiey  would  drown  if  put  into  water. 
The  pui)s  have  no  sustenance  except  what  the  cows  furnish  and  no 
cow  suckles  any  jinit  but  liei'  own.  Tiie  pups  would  suck  any  cow 
if  the  <;ow  woidd  h't  them.  Alter  tiic  pup  is  a  lew  days  old  the  «'ow 
goes  into  the  sea  to  feed,  ami  at  iirst  she  will  oidy  stay  away  for  a  few 
hours,  but  as  the  pup  grows  stronger  she  will  stay  away  more  and 
more  until  she  will  isumetimes  be  away  lot  a  week. 


i^l 


2G4 


ARGUMENT   OP   THE   UNITED   STATES. 


:| 


Xumerons  other  witnesses  were  called  who  ag'  :'e(l  that  the  only 
means  of  snstenanct!  for  the  pup  while  it  remaiiuMl  on  the  island,  that 
is,  for  three  or  four  months  after  its  birth,  is  its  moth<'r"s  milk,  and  that 
it  would  perish  if  dc^prived  of  the  same.  Upon  this  point  the  follow- 
ing testimony  may  be  read: 

William  Healey  ])all  (tV^/J.,  p.  23);  Samuel  Falconer  {ihifi.,  p.  1G5); 
William  S.  Hereford  (i/>('<7.,  p.  35);  Nicoli  Krukoff  (/7>id.,  p.  135). 
H.  W.  Mclntyre  says  [ibid.,  p.  13G) : 

Within  a  i'ew  days  after  landing  (it  may  be  but  a  few  hours  or  even 
minutes,  as  [  have  seen)  the  female  gives  birth  to  her  young,  but  one 
being  brought  forth  each  ye.ar.  The  rei)orted  occasional  birth  of  twins 
is  not  verified.  These  little  <mes  (pups  as  they  are  called)  are  com- 
paratively helpless,  parti<mlarly  awkward  in  movement,  and,  unlike 
the  liair-seal,  are  unable  to  swim.  They  iH'e  nursed  by  the  motiier, 
who,  after  copulation  has  taken  ])lace,  is  iicrmitted  by  the  old  male  to 
go  at  will  in  quest  of  food.  At  about  six  weeks  old,  the  young  gather 
in  gioui^s  and  shortly  after  learn  to  swim,  but  depend  for  a  long  period 
up(»ii  the  motiier  lor  sustenance;  hence  her  destruction  must  result  in 
the  death  of  the  young  through  starvation. 

So,  also,  J.  H.  Moulton  {ihul,  p.  72). 
Mr.  Noyes  says  {ibid.,  p.  82) : 

The  pup  is  entirely  depemlent  u])on  its  dam  for  sustenance,  and 
when  it  is  a  lew  days  old  she  goes  into  the  sea  to  feed,  returning  at 
intervals  of  a  few  hours  at  first,  and  gradually  lengthening  the  time 
as  the  i)n])s  grow  ohhu-  and  stronger,  until  she  will  be,  sometimes,  away 
for  a  whole  week.  During  these  Journeys,  it  is  my  opinion,  she  goes 
Ui  distaiu;e  of  i'rom  40  to  200  miles  frcmi  the  islands  to  feed;  and  it  is 
at  this  time  she  falls  a  prey  to  the  pelagic  hunter. 

lieturnedto  the  rookery,  the  cow  goes  straight  to  where  she  left  her 
]mp,  and  it  seems  she  instantly  recognizes  the  spot  by  smelling,  and  it 
is  e(jually  certain  that  the  pup  can  not  recognize  its  dam.  I  have  often 
seen  i)ups  attempt  to  suck  cows  [)romiscuously,  yet  uo  cow  will  suckle 
any  pup  but  her  own. 

J.  0.  Eedpath  {ibid.,  pp.  148, 149): 


No  (!ow  will  nurse  any  jmp  but  her  own,  and  I  have  often  watched 
the  pui)s  atteini)t  to  suck  cows,  but  they  were  always  driven  olf;  and 
this  fact  convinces  mc  that  the  cow  recognizes  her  own  ))uj)  and  that 
the  |>up  docs  not  know  its  dam.  At  birth  ami  for  several  weeks  after, 
the  pup  is  utterly  iu'li)less  and  entirely  dependent  upon  its  dam  for  sus- 
tenance; and  should  anything  prevent  her  return  during  this  period  it 
dies  on  the  rookery.  This  has  been  demonstrated  beyond  a  doubt 
sinci!  the  sealing  vessels  have  operated  largely  in  the  Behring  Sea  dur- 
ing th(5  mouths  of  ,Fuly,  August,  an<l  Sei)tember,  and  which,  killingtho 
cows  at  the  feeding  grounds.  left  the  pups  to  dic^  on  the  islands. 

At  about  r>  weeks  old  the  pups  begin  to  inn  about  and  congregate 
in  bunches  or  "pods,"  and  at  (>  to  8  weeks  old  they  go  into  the  shallow 


SUMMARY    OF    THi:    KVIDENCE. 


2G5 


water  and  .ifriidually  leiini  to  swim.  T'acy  are  not  ani])1iibi(ms  when 
born  nor  can  tliey  swim  for  soveial  weeks  tliereafter,  and  were  they 
l)ut  into  the  water  wouhl  i)erish  beyond  a  doubt,  as  has  been  well  estab- 
lished by  the  di'owiiingot])ni)s  eaujiht  by  the  surf  in  stormy  weather. 
After  learning  to  swim,  the  pups  still  draw  sustenance  from  the  eows, 
and  I  have  noticed  at  the  annual  killing'  of  ])ups  for  food,  in  Novem- 
ber, that  tlieir  stomachs  Mere  always  full  of  nulk  and  I'othinp-  else,  al- 
thouf>h  the  cows  had  leit  the  islands  some  days  betbre.  1  have  no 
knowledge  of  the  pups  obtaining  sustenance  oi'  any  kind  except  that 
furnished  by  the  cows;  nor  have  1  ever  seen  anytliing  but  milk  in  a 
dead  pup's  stomach. 

Daniel  Webster  asserts  positively  that  the  ficafk  of  every  mother 
causes  the  death  of  her  imp,  irhich  is  entirclif  depcntJent  upon  her  for  its 
sustenance,  Mr.  Webster's  testimony  is  valuable  not  oidy  for  its  in- 
trinsic value,  but  because  its  reliability  is  vouched  for  by  the  British 
Commissioners  themselves  (Sec.  077). 

It  will  be  observed  that  all  the  Avitnesses  cited  above  are  men  s]io- 
cially  capable,  of  long  experience  and  a  knowledge  of  the  subject  sulli 
cient  to  eidighten  any  court  whose  function  it  may  be  to  ascertain  the 
facts  connected  with  seal  life.  Such  testimony  can  not  fail  to  be  con- 
clusive iu  the  judgment  of  this  Court,  unless  it  vshould  be  rejected  as 
willfully  and  intentionally  false.  No  ground  for  such  a  wholesale  impu- 
tation upon  the  charai^tcr  of  ai)parently  intelligent  and  reputable  men 
can  be  suggested.  The  functions  of  every  court  of  justice  become  im- 
possible, and  decisions  on  questions  of  fact  must  be  left  to  the  ca])ric(' 
of  judges,  if  such  testimony  may  be  arbitrarily  disregarded.  Surely  the 
conjectures  and  conclusions  of  an  adversary  unsupported  by  the  slightest 
pretense  of  proof,  in  a  legal  sense,  can  not  be  deemed  a  suflicient  ground 
for  such  a  charge.  However  high  may  be  the  character  of  the  British 
Commissioners  for  intelligence  and  integrity,  their  bald  assertions  can 
not  take  the  place  of  those  aids  to  judicial  investigation  wliich  the  ex 
perienceofallcivili/ednationshas  shown  to  be  indisjtensable.  It  w(»uld. 
indeed,  be  ;t  <lii1icult  task  for  the  Arbitrators  to  reach  any  ccuiclusion  as 
to  the  material  quest  ions  of  fact  in  this  case  if  the  exaniple  of  the  Hritrsh 
Commissi(mers  had  been  tollowed  by  the  (.'ommissioners  of  the  United 
States  and  both  sides  had  C(»nlined  themselves  to  conjectural  assert  ion  > 
and  ]»artial  and  unsatisfactory  deducti«>ns  from  uncertain  picmises.  A 
maiufest  disposition  to  ])erform  the  part  of  an  advocate  rather  than  the 
duty  of  an  aid  to  the  court  iu  the  asivrtainmeut  of  the  truth,  must  de 
tract  largely  from  the  value  of  the  work  perfoi  iiied  by  the  Commissioners 
for  Great  Britain. 


wmmm 


2G6 


ARGUMENT    OF    TIIH    UNITKD    STATES. 


M: 


VI. — The  Cows,  wiiilk  SucicLiNa,  go  to  the  Sea  for  Food  and 
So.METniivs  to  Distances  as  (tUeat  as  One  IFundrei)  and  Two 
Hundred  Milios,  and  are  durinc  suoii  Excn  rsions  ICxposed 
TO  Capture  by  Pel  agio  Seaekrs. 

The  statement  in  the  Case  ot'tlie  United  States  is  as  follo\vs'(p.  11")): 

Necessarily,  alter  a  few  days  of  nursinj^-  her  puj),  the  cow  is  compelled 
to  seek  food  in  order  to  provide  sufli(;ieiit  nourislnnent  for  her  offspring. 
Soon  after  coition  she  leaves  thi  i)np  on  the  rookery  and  goes  into  tlie 
sea,  and  as  the  pu])  gets  older  and  stronger,  these  excursions  lengthen 
accordingly  until  she  is  sometinies  absent  from  the  rookeries  for  a  week 
at  a  time. 

The  absolute  coriectness  of  this  statement  is  demonstrated  in  the  evi- 
dence. 

A  coip  mirfiCH  only  her  oxen  pup.  The  importance  of  deciding  this 
question  correctly  makes  it  necessary  that  we  should  give  special  at- 
tention to  the  evidence  upon  tlic  subject.  The  British  Commissioners 
have  taken  a  different  view  and  are  withoTit  support  in  the  general  un- 
derstanding of  nien  as  to  the  practice  ami  probabilities  in  such  cases. 
It  is  easy  to  demonstrate  tliat  the  assertion  on  page  ll.l  of  the  Case  of 
the  United  States,  tothcettect  above  stated  is  borne  out  by  overwlielm 
ing  proof. 

Kerrick  Artomanofi' (x\i)i»endix  to  Case  of  the  United  States,  Vol. 
II,  ]).  100)  says: 

The  mother  seals  know  theii  own  pups  by  smelling  them  and  no  seal 
will  allow  any  but  her  own  imp  to  suck  her. 

Thomas  F.  Morgan  (?7n't7.,  j).  02)  says: 

After  biith  a  pup  at  once  begins  to  suckle  its  mother,  who  leaves 
its  o!i'spring  only  to  go  into  the  water  lor  food,  which  I  believe  from 
my  observation  consists  nniinly  of  tisli,  scjuids  and  crustaceans.  In 
her  search  fur  food  llic  feninlc,  in  my  o])inion  goes  10  miles  or  even 
further  fr<nii  the  islands.  The  ])up  does -not  appear  to  recognize  its 
mother,  attcmjitiiig  to  draw  milk  from  any  cow  it  comes  in  (lontact 
with;  but  a  iiiolher  will  at  o'lce  r(>eogiii/.e  her  own  ]mp  and  will  allow 
no  other  to  nuise  her.  This  I  know  from  often  observing  a  cow  light 
off  other  pups  who  ai)i»roa(  lied  her,  an<l  search  out  her  own  pup  from 
among  them,  whi<h  1  think  she  recognizes  by  its  snu'll  and  cry. 

Mr.  Morgan's  testimony  is  very  explicit  and  is  based  upon  long  ex- 
perience and   ' 'niitinui'd  observation. 

Sanniel  J'aleoner,  at  one  time  deputy  <'ollec,tor  of  customs,  and  whose 
testiuKmj  has  Iteen  (iu<tted  <»n  other  j>oints,  gives  the  results  of  his 
actual  observations.    lie  says  (//>//^..  p.  104): 

The  place  of  birth  is  on  the  breeding  grounds,  wliich  takes  place 
after  the  female  lands,  geneially  within  two  days.     When  hist  born 


SUMMARY    OF    THE    KVIDEXCE. 


2()7 


the  pup  can  iiot  .swim,  and  does  not  learn  so  to  do  until  it  is  six  oiciylit 
weeks  of  a{>e.  It  is  tliereloie  utterly  inii)ossil)l('  tor  a  pup  to  be  boni  in 
the  water  and  live.  1  have,  ucttieed  that  when  a  \m\)  of  this  a;;e  is  pur, 
iu  the  water  it  seenit'd  to  have  no  idea  of  the  use  of  its  llippers,  and 
Avas  very  nnich  terrified.  A  i)up  is  certainly  for  the  first  six  or  eijjht 
Aveeksof  its  life  a  land  animal,  and  is  in  no  sense  amidiibious.  Durinji' 
this  period  also  a  pup  moves  very  much  like  a  youny  kitten,  usinj;'  its 
hind  flippers  as  feet.  A  mother  seal  will  at  oiuje  re('o<>iiize  her  i)up  by 
its  cry,  hobbling  over  a  thousand  bU'atinn-  iiups  to  reach  her  own.  and 
every  other  approaching?  her,  save  tliis  one  little  animal,  she  will  diixc 
away.  *  *  *  a  pup,  however,  seems  not  to  distinguish  its  mother 
from  the  other  females  about  it. 

William  Ilealey  l)all,a  scientist  whose  studies  were  (completed  under 
Prof.  Louis  Agassiz,  at  Cambridj^ie,  iu  the  year  1S(»3,  and  who  has  been 
since  that  time  engaged  in  scientific  work,  gave  the  result  of  l»is  i)er- 
sonal  examination  made  daring  the  several  years  that  he  visited  St. 
George  Island  and  the  Aleutian  Islands.  His  opportunities  to  famil- 
iarize himself  with  aquatic  seal  life  were  excellent  and  are  fully  detailed 
in  his  deposition  on  ])ages  'J3  and  24  of  the  Appendix  to  the  Case  of  the 
United  States.     He  says: 

From  my  knowledge  of  natural  history  and  from  my  observations  ot 
seal  life,  I  am  of  the  oitinion  that  it  wouhl  be  impossible  for  tiie  young 
seals  to  be  brought  forth  and  kept  alive  in  the  water.  When  it  is  the 
habit  of  an  animal  to  give  birth  to  its  ycmng  upon  the  land,  it  is  con- 
trary to  biologic  teaching  and  common  sense  to  sui)pose  they  could 
successfully  bring  them  forth  in  the  water.  It  does  not  seem  to  nu'i  at 
all  likely  that  a  nmther  wM)uld  suckle  any  pup  other  than  her  own,  for 
I  have  repeatedly  seen  a  female  select  one  pup  from  a  large;  group  and 
pay  no  attention  to  the  solicitations  of  others.  Pups  recjuire  the  nour- 
ishment from  their  motluMs  for  at  least  three  or  four  months  after  their 
birth,  and  would  perish  if  dc])rived  of  the  same, 

I  have  had  ample  opjjortuuity  to  form  an  opinion  in  regard  to  the 
effect  u])on  the  herd  of  killing  female  seals.  The  fennde  brings  forth  a 
single  offspring  annually,  and  hence  the  repair  of  the  loss  l)y  death  is 
not  rapid.  It  is  evident  that  the  injury  to  the  herd  from  the  killing  ot 
a  single  female,  tliat  is,  the  producer,  is  far  greater  tlnin  from  the  death 
ofthemale,  as  the  seal  is  polygamous  in  habit.  The  <langer  of  the 
herd,  therefore,  is  just  in  i)ro[)ortion  to  tlie  destruction  of  femsile  life. 
Killing  in  the  o])en  waters  is  peculiarly  destructive  to  this  animal.  No 
discri!ninati(»ii  of  sex  in  the  water  is  possible,  the  seeming  of  the  prey 
when  killed  is  under  tlie  best  of  circumstances  uneertiiiii,  and  as  tJie 
period  of  gestation  is  at  least  eleven  montiis  and  of  nursing  three  or 
lour  m<»ntlis,  th«;  death  of  the  female  atany  tinu*  means  the  destruction 
of  two,  herself  and  the  f(etus;  or  when  nursing,  tiiree — herself,  the 
nursing  ])up,  and  *he  f(etns.  All  killing  of  females  is  a  nn'uace  to  the 
liei'd,  and  as  soon  as  such  killing  reaches  the  jioiiit — iis  it  inevitably 
must  il"  peiniitted  to  continne — where  the  annmil  h  crease  will  not  make 
good  the  yearly  loss,  then  the  destruction  of  the  l.erd  will  be  equally 
rapid  ana  certain.  re,uar<led  from  a  commercial  standpoint,  tlumghafew 
individuals  might  survive. 

Kaip  Huterin.  a  native  of  Ht.  J'aul  island,  on  which  island  he  had 
lived  up  to  the  time  of  making  his  deposition,  when  lie  was  39  years  of 


268 


ARGUMENT   OK    THE    UNITED   STATES. 


aye,  had  boon  enframed  in  driving  seals,  clabbinj;  and  slcinninjf  them 
ever  since  he  was  able  to  work;  he  says  (Appendix  to  Case  of  the 
United  States,  Vol.  II,  ]).  103): 

Seliooners  kill  eows,  pups  die,  and  seals  are  gone.  Some  men  tell 
me  last  year,  "  Karj),  seals  ;\n\  sick."  I  know  seals  are  not  sick;  I 
never  seen  a  sick  seal,  and  I  eat  seal  meat  every  day  of  my  life.  *  *  * 
No  big  seals  die  uidess  we  club  them;  only  pups  die  when  starved, 
after  the  cows  aie  sliot  at  sea.  When  we  used  to  kill  pups  for  food  in 
2^ovember  they  wi're  always  full  of  milk;  the  pui)s  that  die  on  the 
rookeries  have  no  milk.  Tiie  cows  go  into  the  sea  to  feed  after  the 
pups  are  born,  and  the  schooner  men  shoot  them  all  the  time. 


»■ 


it 

ii 

11'  1, 


till  I 


i'  iii. 


The  same  rule  as  to  exclusive  nursing  of  her  own  pups  by  the  cow 
is  i)roven  to  exist  in  the  Antarctic  regi<ms  by  Mr.  Comer. 

George  Comer  {ihld.,  p.  598)  says: 

I  have  never  seen  a  "dap-match*'  suckling  more  than  one  pup,  and 
it  is  my  impression  that  a  "(!lai)-mat(!h"  would  not  nurse  anypup  except 
her  own,  for  I  have  seen  her  throw  other  pups  a'-ide  and  pick  out  one 
particular  one  from  the  whole  number  on  the  rookery. 

Anton  Melovedoff,  a  native  of  Alaska,  testifies  as  follows  {ibid.,  p. 

144): 

When  the  yaip  is  born  it  is  utterly  helpless  and  would  drown  if  put 
into  water.  Those  born  neaiest  the  water  are  often  drowned  in  the 
surf  wlien  the  sea  is  rough  in  stormy  weather.  When  the  pup  is  a  few 
days  old  the  cow  goes  into  the  sea  to  feed  and  as  the  pup  grows  older 
tiie  cow  will  stay  longer  and  longer  until  sometimes  she  will  be  away 
for  a  week.  Wlien  the  cows  return  they  go  to  their  own  pups,  nor  will 
a  cow  suckle  any  pup  but  her  own.  The  imps  would  suck  any  cow 
that  would  let  them,  for  they  do  not  seem  to  know  one  cow  from  another. 

H.  II.  Mclntyre,  to  whose  valuable  deposition  attention  has  been 
heretofore  called,  uses  this  language  {ibid.,  p.  41): 

At  this  time  they  are  simply  land  animals,  with  less  aquatic  instinct 
and  less  ability  to  sustain  themselves  in  water  than  newly  hatched 
du(!kliiigs.  Wlien  the  pups  are  a  few  days  old  the  mothers  leave  them 
(generally  soon  after  coition  upon  the  rookeries  with  the  old  male)  to 
go  to  the  feeding  grounds,  returning  at  intervals  of  one  to  three  or  four 
days  to  suckle  their  young.  Tiie  pups  do  not  appear  to  recognize  their 
own  dams,  but  the  mother  distinguishes  her  own  offspring  with  un- 
erring accuracy  and  allows  no  other  to  draw  her  milk. 

Loins  Kimmel,  at  one  time  assistant  Treasury  agent  on  St.  George 
Island  and  a  resident  of  that  place  for  over  one  year,  testities  as  fol- 
lows {ibid.,  p.  174) : 

A  cow  never  suckles  any  but  her  own  piip.  When  a  strange  pup 
approaches  a  cow  she  will  drive  it  away  from  her,  and  out  of  thousands 
of  pujis  huddled  together  she  will  single  her  own.  It  is  my  opinion 
that  if  a  mother  is  killed  off  her  offspring  dies  of  starvation. 


i!'l- 


SUMMARY    OF    TUK    EVIDENCE. 


269 


To  the  same  effect  is  tlie  testimony  of  Dr.  Hon^Kord.     William   IS. 

Hereford,  a  physician  of  charaiiter  and  experience,  aftiadnate  of  Santa 

Clara  CoUeye,  S.  J.,  and  of  the  University  of  Pennsylvania  {ibid., 
p.  33) : 

It  is  a  well-known  fact  that  the  female  seals  leave  the  islands  and  {jo 
great  distances  for  food,  and  it  is  clearly  proven  that  many  of  them  do 
not  retnrn,  as  the  number  of  pups  starved  to  death  on  the  rookeries 
demonstrates. 

The  old  mother  seal  will  not  nui-se  any  but  its  own  oftsi)rin{ij  and  ciin 
sinj^le  it  out  of  a  band  of  thousand,  even  after  an  absence  of  days  from 
tiie  islands.  The  difference  between  a  well -nourished  pup  and  one. 
starving  to  deatli  is  also  easily  recognized,  one  being  plump  and  lively, 
growing  extremely  rapidly,  the  other  slowly  dwindling  away,  its  body 
becoming  lean,  long,  and  lanky,  the  head  being  the  largest  and  most 
c()nspicu(tus  part.  The  poor  little  thing  Hnally  drops  from  sheer  ex- 
haustion in  its  tracks,  it  being  only  a  matter  of  time  before  it  succumbs 
to  starvation. 

Dr.  Hereford  narrates  in  a  highly  interesting  manner  the  efforts 
made  to  raise  "  Little  Jimniie,"  a  child  of  adverse  circumstances,  whose 
mother  had  been  accidentally  killed.  This  narrative  may  be  found  on 
pages  33  and  34  of  the  Appendix  to  the  Case  of  the  United  States. 

Several  other  witnesses  concur  in  testifying  that  the  mother  will 
readily  distinguish  her  own  offspring  from  that  of  others  and  will  not 
permit  the  young  of  any  other  seal  to  suckle  her.  If  there  is  anything 
in  the  Report  of  the  Commissioners  of  Great  Britain  which  rises  to  the 
dignity  of  evidence  and  which  may  be  weighed  agTiinstthis  overwhelm- 
ing mass  of  testimony,  we  have  failed  to  discover  it.  The  ]>lausible 
suggestion  that  they  make  in  explanation  of  the  apparent  effort  of  the 
mother  to  distinguish  her  offsjiring  by  smelling  the  various  pups,  is 
that  she  thus  goes  about  until  she  finds  one  that  does  not  smell  of 
fresh  milk  (Sec.  323). 

VII. — Death  of  the  Cow  Causes  the  Death  of  thr  Pup. 

The  materiality  of  the  question  last  discussed,  and  of  the  fact  asserted 
and  demonstrated  that  the  mother  nurses  only  her  own  pup,  lies  chiefly 
in  the  correlative  assertion  that  the  death  of  the  cow  causes  the  death 
of  the  pui>. 

Assuming  the  premises  to  be  established  that  the  pup  depends  ui)on 
its  mother  for  food  and  can  be  fed  in  no  other  way  than  by  that  niother, 
the  conclusion  establishes  itself  witliout  the  necessity  of  extrinsic 
proof.  The  testimony  directly  upon  this  point  is  volumitums,  and,  it  is 
submitted,  entirely  satisfactory.  It  goes  very  far  to  explain  one  of  the 
general  causes  for  the  diminution  of  the  species. 


270 


ARGUMENT   OF   THE    UNITED    STATES. 


i  !  i '  'Mr, 

ill:*' 


So  many  witnessos  liiivii  testified  iii)oii  this  point,  and  it  is  so  donl)t 
I'ul  wliethor  any  testimony  at  all  is  needed  if  it  be  established  tiiat  tin^ 
jmp  depends  wholly  upon  its  mothei',  that  we  shall  confine  ourselves 
to  brief  abstracts. 

(jretjrge  Ball  (Appendix  to  Case  of  the  United  States,  Vol.11,  p.  481)» 
a  sliipmaster  and  a  sealer,  does  not  iiesitate  to  say  that  the  pups  per- 
ish witli  the  cows  that  he  and  his  companions  kill. 

William  Brennan  sums  up  the  situation  with  the  conclusive  argu- 
jiieiit  that ''it  stands  to  reason  that  if  the  motiiers  are  killed  while 
away  from  tlie  ivsland  and  the  pups  are  left  there  alone  they  will  surely 
die,  and  it  is  a  fact  that  many  mothers  are  killed  in  Berinjj  Sea"  {ibid.,  p. 

;{(5;5). 

Henry  Brown,  seaman,  engapjed  in  pelagic  sealing  and  residing  at 
Victoria,  British  Columbia,  gives  his  experience  in  the  slaughter  of 
gravid  females  as  well  as  the  lenudes  taken  in  thft  Bering  Sea  which 
are  not  gravid,  he  says:  Tliese  were  cows  in  milk.  Every  seal  cap- 
tured causes  the  death  of  either  an  unborn  pup  or  the  death  of  a  young 
pup  by  starvation  on  the  Islands.    He  says  {ibid.,  p.  318) : 

If  pehigic  sealing  is  contiuued,  especially  witli  guns,  in  a  fovr  years 
the  seal  herd  will  become  commercially  destroyed. 

Luther  T.  Franklin,  a  seal-catcher,  being  asked,  ''  Do  the  pups  perish 
with  the  cows  that  you  kill  ? "  answered,  "  naturally  they  must."  (Ap- 
pendix to  Case  of  the  United  States,  Vol.  II,  p.  426.) 

Charles  Lutjens  testifies,  with  i)robably  unconscicms  force,  as  to  the 
brutality  of  the  occupation  in  whicih  he  is  engaged  (i7><V/.,p.  459): 

Q.  Do  the  pups  perish  with  the  cows  that  you  kill? — A.  ('ertainly. 
Not  ah)ne  that,  but  they  generally  leave,  wiiile  they  go  into  the  Ber- 
ing Sea,  a  pup  on  shore,  wliich  also  dies  from  not  being  able  to  get  any 
sustenance.  The  seal  wliich  is  killed  in  the  Bering  Sea  may  be  with 
puj)  and  also  has  a  puj)  on  shore,  which  made  the  killing  three  seals 
to  one. 

Alexander  McIiCan  says  that  if  you  kill  a  female  seal  you  kill  the 
pup  with  her  {ibid.,  p.  437). 

For  other  testimony  upon  this  point,  see  Daniel  (Maussen  {ibid.,  p.  412), 
TiUther  T.  Franklin  {ibid.,  p.  425),  Louis  Kimel  {ibid.,  p.  174),  and  many 
others  testifying  to  the  same  fact. 

Multiplication  of  extracts  could  not  add  to  the  force  of  testimony  so 
reasonable  and  conclusive  upon  its  face. 

Indeed,  the  evidence  is  so  complete  that  the  victims  of  pelagic 


piw 


SUMMAIJY    or     11  IK    EVIDENCE. 


271 


Hlanglitov  aro  mainly,  if  not  wlutlly,  feiiiiilos,  as  to  loibid  contradictictii. 
We  accordliif^ly  tind  that  the  Jliitisli  (joniiiiissioiiers  nialce  this  admis- 
sion: "It  is  uiulotihicdli/  true  that  a  vonsUlfrablc  proportion  oft  lie  seals 
talven  at  sea  are  females,  as  all  .srais  of  killable  nize  are  killed  without 
discrimination  of  sex^^  (See.  78).  It  is  true  that  tliey  hasten  to  tidd  that 
tins  disproportion  is  due  in  part  to  the  persistent  killinjj  of  youn;;' 
males  on  land.  Possibly  this  may  be  true.  Undoubtedly  if  the 
poachers  found  killable  males  as  well  as  gravid  females,  they  would 
slaughter  both  and  the  disproportion  would  be  less  marked.  But  the 
Commissioners  do  not  i)retend  that  the  absolute  number  of  femah's 
killed  would  be  any  smaller.  Tiie  pelagic  hunter  would  kill  them  all 
with  iiuliseriuiinate  impartiality.  How  the  situation  would  be  helped 
by  this  is  not  stated,  although  it  may  show  how  the  scoi)e  of  the  busi- 
ness might  be  enlarged.  This  curiosity  is  stimulated,  but  not  satisfied, 
by  the  admission  that  their  dis[>roportion  is  in  part  explained  as 
stated;  it  might  have  been  just  to  the  Tribunal  to  state  what  else 
might  be  said  to  throw  light  upon  the  subject. 

The  cows,  while  suckling,  go  to  sea  for  food  ami  sometimes  to  dis- 
tances as  great  as  100  to  200  miles,  and  are  during  such  excursions 
exposed  to  capture  by  pelagic  sealers  (see  Case  of  the  United  States, 
p.  115).  The  statement  in  the  Case  to  this  efl'ect  is  borne  out  by  the 
testimony  and  by  fully  substantiated  facts. 

The  vagueness  of  the  statement  made  by  the  British  Commissioners 
fails  to  conceal  the  evident  intent  to  create  the  impression  that  the 
females,  like  the  males,  may  live  and  nurse  their  young  for  a  long  time 
without  food.     In  section  307  of  their  lieport  this  language  is  used: 

It  is  very  generally  assumed  that  the  female,  on  thns  begimiing  to 
leave  the  rookery  ground,  at  once  resumes  her  habit  of.  engaging  in 
the  active  quest  for  food,  and  though  this  would  a))pear  to  be  only 
natural,  particularly  in  view  of  the  extra  drain  produced  by  the  de- 
mands of  the  young,  it  must  be  remembered  that,  with  scarcely  any 
exception,  the  stomacdis  of  even  the  bachelor  seids  killed  upon  the 
islands  are  found  void  of  food,  and  that  all  seals  resorting  to  the  islands 
seem,  in  a  great  degree,  to  share  in  a  common  abstinence. 

The  concession  of  an  extra  drain  upon  a  nursing  female  is  generously 
followed  up  by  the  statement  "  that  it  may  be  considered  certain  that 
after  a  certain  period  the  females  begin  to  seek  such  food  as  (-an  be 
obtained."  It  is  then  stated  that  "there  is  a  very  general  belief  among 
the  natives,  both  of  the  LMibilof  and  Commander  islands,  to  the  etfect 
J-haL  the  Ibniales  do  not  leave  the  laud  to  feed  while  engaged  in  si^ckling 


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WEBSTER,  N.Y.  14580 

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.272 


ARGUMENT  OP   THE   UNITED  STATE8. 


their  young."  That  there  is  any  such  general  belief  i«  most  strenuously 
denied  on  the  part  of  the  United  States,  is  disproven  by  the  few  wit- 
nesses cited  by  the  British  Commissioners  themselves,  and  is  negatived 
overwhelmingly  by  the  testimony  on  the  part  of  the  United  States. 

The  painful  attempt  to  justify  pelagic  sealing  by  distortion  ot  com- 
monly accepted  facts  is  nowhere  more  apparent  than  in  section  308 : 

It  appears  to  us  to  be  quite  probable,  however,  that  toward  the  close 
of  the  season  of  suckling,  the  female  seals  may  actually  begin  to  spend 
a  considerable  portion  of  their  time  at  sea  in  search  of  food.  It  is  un- 
likely that  this  occurs  to  any  notable  extent  until  after  the  middle  of 
September,  be/ore  which  the  season  of  pelagic  sealing  in  Bering  Sea  prac- 
tically closes. 

Comment  would  be  absurd  on  this. 

"Bryant",  say  the  British  Commissioners,  "after  describing  the  re- 
laxation in  watchfulness  of  the  male  after  impregnation  has  been 
accomplished,  says  of  the  female :  '  From  th.at  time  she  lies  either  sleep- 
ing near  her  young  or  spends  her  time  floating  or  playing  in  the  water 
near  the  shore,  returning  occasionally  to  suckle  her  pup.' " 

That  she  should  go  to  the  water  to  play  and  float  and  neglect  the 
opportunities  of  replenishing  her  energies,  wasted  as  they  are  by  nurs- 
ing, seems  utterly  incredible.  It  is  well  to  note  the  admission,  how- 
ever, that  during  this  period  the  suckling  is  on  land  whither  she  returns 
to  accomplisii  it. 

Elliott  is  quoted  in  the  same  section  as  stating  that  "  the  mother 
nurses  her  pup  every  two  or  three  days,"  but  adds,  "  in  this  I  am  very 
likely  mistaken."  Again,  Elliott  says  of  the  mother,  coming  up  from 
the  sea,  that  "  she  has  been  there  to  wash  and  perhaps  to  feed  for  the 
last  day  or  two."  In  another  reference  given  by  the  British  Commis- 
sioners from  the  same  authority,  he  is  made  to  say: 

Soon  after  the  birth  of  their  young,  they  leave  it  on  the  ground  and 
go  to  the  sea  for  food,  returning  perhaps  tomorrow,  perhaps  later,  even 
not  for  several  days,  in  fact,  to  again  suckle  and  nourish  it,  having  in 
the  meantime  sped  far  off  to  distant  feeding  banlcs.     (Sec.  309.) 

It  will  be  observed  that  this  agrees  entirely  with  the  testimony  pro- 
duced by  the  United  States,  The  report  then  goes  on  to  cite  authorities 
showing  how  far  the  cows  go  out  tor  food.  Taylor  is  quoted  as  saying 
that  they  go  out  every  day  a  distance  of  10  or  15  miles,  or  even  farther. 

T.  F.  Ryan  says  that  the  main  feeding  grounds  of  the  seal  during 
the  summer  stay  upon  the  islands,  and  to  which  the  cows  are  continu- 
ally going  and  coming,  are  to  be  found  40  to  70  miles  south  of  Bt. 
George  Island. 


^i 


SUMMARY   OF  THE   EVIDENCE. 


273 


G.  B.  Tingle,  in  the  same  report  cited,  8ay8  the  seals  probably  go  20 
miles  out,  in  some  cases,  in  search  of  food. 

The  British  Couimissioners,  in  this  exceptional  instance,  are  to  be  cred- 
ited not  only  with  having  been  diligent,  but  with  disclosing  the  names  of 
the  persons  from  whom  informatitm  was  obtained.  It  might  have  been 
desirable  that  these  statements  should  be  made  in  the  language  of  the 
persons  themselves.    However,  we  quote  it  as  it  is  given  us. 

Tingle,  in  section  312,  extends  the  feeding  area  from  20  miles,  which 
he  has  named  above,  to  30  or  even  40  miles  from  the  land.  Redpath 
did  not  know  of  the  feeding  grounds,  but  believed  that  the  females  go 
from  10  to  15  miles  from  the  islands  for  the  purpose  of  feeding.  Daniel 
Webster  (whom  they  graciously  indorse  as  a  truthful  witness)  concurred 
with  Kyan,  and  expressed  the  opinion  that  when  feeding  in  the  autumu 
the  seals  went  60  miles  to  the  southward  of  St.  Oeorge  Island.  lie  be- 
lieved that  there  was  a  favorite  feeding  ground  in  that  vicinityf  and 
stated  the  reasons  of  this  belief.  Mr.  Webster  is  a  reliable  and  intel- 
ligent witness,  who  has  frequently  been  quoted  by  the  American  Com- 
missioners. While  he  does  not  state  the  distance  as  being  more  than 
GO  miles,  he  certainly  places  it,  with  other  reliable  witnesses,  sufficiently 
far  out  to  sea  to  enable  the  poachers  to  destroy  this  class  of  seals.  It 
may  not  be  material  whether  the  distance  be  CO  or  100  miles;  when  the 
men  bent  upon  slaughtering  seals,  irrespective  of  condition  and  sex, 
have  discovered  the  feeding  grounds  of  the  mothers,  all  that  they  will 
ask  is  that  the  distance  be  sufficiently  great  to  secure  to  them  immu- 
nity in  their  destructive  work. 

Mr.  Fowler  stated  to  the  Commissioners  (Sec.  312)  that  he  be- 
lieved that  there  was  a  favorite  feeding  ground  of  the  seal  about 
30  miles  off  the  northeast  point  of  St.  Pauls  Island.  This  was  not 
from  personal  knowledge,  but  dependent  upcm  statements  that  seals 
had  been  seen  in  abundance  there.  That  the  seals  caught  on  the  feed- 
ing grounds  must  be  females  is  the  conclusive  inference  from  the  state- 
ments and  argument  of  the  British  Commissioners  themselves.  They 
state  that  all  seals  resorting  to  the  islands  seem  in  a  great  degree  to 
share  in  a  common  abstinence,  and  assert  that  the  stomachs  of  even 
the  bachelor  seals  killed  upon  the  islands  are  found  void  of  food.  As 
all  the  authorities  cited  by  them  confine  themselves  to  the  females,  it 
is  worse  than  idle  to  argue  tliat  those  which  resort  to  the  feeding 

grounds  are  either  old  males  or  young  ones. 
14749 18 


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■':4S 


274 


ARGUMENT  OF  THE  UNITED  STATES. 


I 


III 


The  Btateineiit  is  attributed  to  natives  of  St.  Paul  that  the  females 
from  the  rookeries  went  tmly  3  or  4  miles  to  sea  and  always  returned  to 
their  young  on  shore  the  same  day  (Sec.  312).  A  statement  so  vague 
as  to  names  and  qualifications  hardly  deserves  notice.  It  may  be 
important,  however,  as  showing  that  the  natives  have  observed  that 
females  do  return  to  their  young  for  t'le  purpose  of  nursing  them. 

Mr.  Grebuitsky  did  not  agree  with  most  of  the  natives,  who  thought 
*'  that  the  females  did  not  feed  during  this  period,"  but  stated  as  the 
result  of  his  own  personal  observation  and  long  'experience  that  they 
went  out  to  sea  while  suckling  the  young,  but  not  further  than  half  a 
mile  or  a  mile  from  the  shore.  If  food  is  to  be  procured  so  near  the 
land  by  the  mother,  it  may  be  that  when  she  was  seen  floating  or 
playing  in  the  water  near  the  shore  by  Mr.  Bryant,  and  then  return- 
ing occasionally  to  suckle  her  pup,  she  had  also  been  employed  upon 
the  more  profitable  mission  of  securing  milk-producing  material. 

Snegilott' thought  that  the  females  leave  their  young  for  several  days 
to  go  as  far  as  10  miles  from  land  to  feed,  while  Kluge,  the  agent  of  the 
Eussian  Government  in  charge  of  the  Copper  Islands,  thought  that  the 
females  went  as  far  as  2,  3,  or  4  miles,  but  returned  to  the  rookery  every 
night. 

To  this  undigested  mass  of  information,  thus  unsatisfactorily  reported, 
the  magnanimous  admission  is  added  that ''  it  is  certain  from  statements 
obtained  that  females  with  milk  are  occasionally  killed  at  sea  by  the 
pelagic  sealers  "  (Sec.  314). 

We  may  conclude  from  all  this  testi  Jiony  on  the  part  of  the  British 
Commissioners  that  the  seals  which  leave  the  rookeries  are  almost  ex- 
clusively, if  not  wholly,  female  seals,  nursing  their  young  and  seeking 
food,  and  that  they  proceed  to  great  distances  iu  some  cases,  and  are 
found  in  feeding  grounds  which  maybe  from  40  to  (30  miles  distant  from 
the  land.  It  now  renmins  to  be  seen  what  testimony  is  ofl'ered  on  the 
part  of  the  United  States  to  satisfy  the  judgment  and  conscience  of 
the  court  which  is  to  determine  this,  one  of  the  most  important  ele- 
ments in  the  controversy. 

Assuming  all  the  parties,  who  have  given  the  information  to  the 
Commissioners  of  Great  Britain  and  to  the  United  States,  for  the  re- 
spective countries  to  testify  fairly  and  honestly,  it  is  elementary  that, 
where  positive  evidence  of  a  fact  is  presented  and  negative  evidence  on 
the  other  side,  the  positive  evidence  shall  be  credited;  otherwise  the 
etfect  would  be  to  stamp  one  party  with  perjury  because  what  he  is 


8UMMAHY    OF    THE    EVIDENCE. 


275 


stated  to  have  seen  or  said  or  heard  or  done  was  unnoti(;od  or  unobserved 
by  the  witness  testifying-  in  the  negative.  If,  therefore,  the  sworn  tes- 
timony of  reputable  persons  is  produced  extending  the  area  in  which 
the  female  seals  have  been  observed  in  quest  of  food,  preference  must 
be  given  to  them  rather  than  to  those  witnesses  whose  opportunities 
nniy  not  have  been  the  same  or  whose  powers  of  observation  may  not 
have  been  equal.  Where  witnesses  tcxti/y  positively  that  they  have  seen 
and  killed  neals  over  100  miles  from  land,  can  they  be  truly  said  to  be 
contradicted  as  to  the  fact  by  men  who  say  that  they  have  never  seen 
them  more  uhan  60  miles  from  the  shore? 

Peter  Anderson  (Appendix  to  Case  of  the  United  States,  Vol.  II,  p 
312),  a  seal-hunter,  agrees  with  Mr.  Webster,  who  is  quoted  by  the 
British  Commissioners.    He  says: 

A  large  majority  of  the  seal  taken  on  the  coast  and  in  Bering  Sea 
are  cows  with  pup  in  the  Pacific  Ocean  and  with  milk  in  Bering  Sea. 
A  few  young  ntale  seal  are  taken  in  the  North  Psici tic  Ocean,  from  two 
to  three  yeai's  old.  Have  never  taken  an  old  bull  in  the  North  Pa<'itic 
Ocean  in  my  life.  A  few  yeailings  have  been  taken  by  me,  but  not 
many.  Used  no  discrimination,  but  killed  all  seals  that  come  near  the 
boats.  The  best  way  to  shoot  seal  to  secure  them  h;  to  shoot  them  in 
the  back  of  the  head  when  they  are  asleep  with  their  noses  under  water. 
Have  never  known  any  seal  pups  to  be  born  in  the  water  nor  anywhere 
else  in  Alaska  outside  of  the  Pribilof  Islands,  nor  have  I  ever  known 
fur-seal  to  haul  up  anywhere  on  the  land  e\cei>ton  the  Pribilof  Islands. 
Have  taken  females  that  were  full  of  milk  GO  miles  from  the  Pribilof 
Isliinds. 

John  Armstrong  (Appendix  to  Case  of  the  United  States,  Vol.  II,  p.  1), 
who  had  been  during  many  years  agent  of  the  Alaska  Commercial  Coni- 
pjiny  and  lived  for  the  whole  of  ten  years  upon  St.  Paul  Island,  observed 
that  very  few  seals  go  out  to  sea  to  feed  during  June,  July,  and  August, 
except  females  and  some  of  the  younger  seals.    He  adds: 

I  am  asked  M-hether  the  seals  copulate  in  the  water.  It  is  a  question 
that  is  often  discussed  at  the  island,  and  neither  the  scientific  observ- 
ers nor  the  unscientific  are  able  to  agree  about  it.  I  have  seen  seals 
in  position  when  it  seemed  to  be  attempted,  but  doubt  w' "3ther  it  is 
efi'ectually  accomplished.  If  it  were,  I  think  we  should  see  i/ups  some- 
times boru  late  and  out  of  season,  but  such  is  not  the  case. 

Kerrick  Artomanoft'  {ibid.,  p.  99)  worked  on  the  sealing  grounds 
for  the  last  fifty  years.  His  deposition  is  well  worth  reading.  It 
may  be  found  at  page  99.  He  accounts  for  the  decrease  in  the 
number  of  seals  since  1874  by  the  destruction  of  the  females.  He 
states  that  iu  1887  aud  1891  the  rookeries  were  covered  with  dead  pups. 
In  his  sixty-seven  years'  residence  on  the  island  he  never  saw  anything 
like  it  before.    No  sickness  was  ever  known  among  the  pux)S  or  seals, 


h 


I ; 


? ' 


Ml 


ii 


276 


ARGUMENT   OP   THE    UNITED   STATES. 


and  he  had  never  seen  any  dead  pups  on  the  rookeries,  except  the  few 
killed  by  the  old  bulls  when  lighting  or  by  drowning  when  the  snrf 
washed  them  off  {ibid.,  p.  100).  He  states  that  four  or  live  days  after  the 
birth  of  the  pup  the  mother  seal  leaves  her  otfspring  and  goes  away  in 
the  sea  to  feed,  and  when  the  pup  is  two  or  three  weeks  old  the  mother 
often  stays  away  five  or  six  days  at  a  time. 

William  C.  Bennett  {ibid.,  p.  356)  had  been  a  seal-hunter  all  his 
life;  he  was  32  years  old  at  the  time  of  deposing.  He  had  hunted  the 
seal  with  spear  and  sometimes  with  a  shotgun.  Most  of  the  seals  taken 
by  him  were  cows.  He  thought  that  the  cows  slept  more  and  are  more 
easily  approached.  The  sex  of  the  seal  not  being  ascertainable  in  the 
water,  he  shot  everything  that  came  near  his  boat,  and  when  the  seal  is 
shot  dead  it  sinks  very  quick  and  is  hard  to  secure  under  those  condi- 
tions. He  also  agreed  with  the  other  witnesses  that  seals  were  decreas- 
ing in  number  very  fast,  and  he  attributed  this  to  the  indiscriminate 
killing  in  the  water. 

Joseph  Stanley-Brown,  a  geologist,  whose  testimony  on  other  points 
has  heretofore  been  given  attention,  says : 

For  the  first  few  days,  and  possibly  for  a  week  or  even  ten  days,  the 
female  is  able  to  nourish  her  young  or  offspring,  but  she  is  soon  com 
pelled  to  seek  the  sea  for  food,  that  her  voracious  young  feeder  may  be 
properly  nourished,  and  this  seems  to  be  permitted  on  the  part  of  the 
male  though  under  protestation.  The  whole  physical  economy  of  the 
seal  seems  to  be  arranged  for  alternate  feasting  and  fasting,  and  it  is 
probable  that  in  the  early  days  of  its  life  the  young  seal  might  be 
ami)ly  nourished  by  such  milk  as  the  motlier  might  herself  afford 
without  resorting  herself  to  the  sea  for  food. 

John  C.Cantwell  {ibid.,  p.  408),  second  lieutenant  in  the  United  States 
Revenue  Marine,  had  been  on  duty  in  Behring  Sea  during  the  years 
1884,  1885,  1886,  and  1891.  He  had  paid  particular  attention  to  the 
seals  and  whenever  opportunity  offered  had  visited  the  rookeries  for 
the  purpose  of  photographing  and  sketching  the  animal,  etc.  He  had 
boar<le(l  a  large  number  of  vessels  fitted  out  as  sealers  and  engaged  in 
sealing,  and  had  conversed  with  the  masters  and  crews  on  the  subject 
of  pelagic  sealing.    This  is  his  testimony: 

From  information  gathered  from  these  and  other  sources,  and  by  com- 
parison of  testimony  given  by  the  seal  hunters,  would  say  that  at  least 
60  per  cent  of  seals  killed  or  wounded  escape  and  are  never  recovered, 
and  that  75  per  cent  of  seals  shot  in  the  North  Pacific  Ocean  are  fe- 
males heavy  with  young,  and  that  80  per  cent,  of  seals  shot  in  Behring 
Sea  from  July  1  to  September  15  are  females,  most  of  which  have 
given  birth  to  their  young,  and  are  mostly  caught  while  feeding  at  vari- 
Otts  distances  from  laud. 


SUMMARY   OP   THE   EVIDENCE. 


277 


Gapt.  Oarthcut  {ibid.,  p.  404),  a  inai^tor  iir.iviiier,  engiigcd  in  hunting 
the  fur-seals  for  10  years,  extending  from  1877  to  1887,  during  the  latter 
part  of  the  time  in  Bering  Sea,  speaks  on  his  personal  knowledge,  and 
make^  a  valuable  contribution  to  tlie  knowledge  which  we  have  iipon 
the  subject.  One  of  the  reasons  which  he  assigns  for  the  great  slaughter 
of  female  seals  is  that  maturity  makes  them  tame  and  easily  approach- 
able.   He  says: 

About  80  per  cent  of  the  seals  I  caught  in  the  Behring  Sea  were 
mothers  in  milk,  and  were  feeding  around  the  iisliing  banks  just  north 
of  the  Aleutian  Islands,  and  I  got  most  of  my  seals  from  50  to  250 
miles  from  tiie  seal  islands.  I  don't  think  I  ever  sealed  within  25  miles 
of  the  Pribilof  Islands.  They  are  very  tame  alter  giving  birth  to 
their  young,  and  are  easily  approached  by  the  hunters.  When  the 
females  leave  the  islands  to  feed,  they  go  very  fast  to  the  fishing 
banks,  and  after  they  get  their  food  they  will  go  asleep  on  the  waters. 
That  is  the  hunter's  great  chance.  1  think  we  secured  more  in  propor- 
tion to  the  number  killed  than  we  did  in  the  North  Pacific.  I  hunted 
with  shotgun  and  rifle,  but  mostly  with  shotgun.  Seals  were  not 
nearly  as  numerous  in  1887  as  they  were  in  1877,  and  it  is  my  belief 
that  the  decrease  in  numbers  is  due  to  the  hunting  and  killing  of 
female  seals  in  the  water.  I  do  not  think  it  possible  for  seals  to  exist 
for  any  length  of  time  if  the  present  slaughter  continues.  The  killing 
of  the  female  means  death  to  her  born  or  unborn  pup,  and  it  is  not 
reasonable  to  expect  that  this  immense  drain  on  the  herds  can  be  con- 
tinued without  a  very  rapid  decrease  in  their  numbers,  and  which 
practically  means  extermination  witliin  a  very  few  years. 

Christ  Clausen  {ibid.,  p.  319),  a  master  mariner,  was  engaged  in 
seal  hunting  as  mate  of  the  British  schooner  C.  E.  Tapper,  in  1889. 
He  resides  at  Victoria,  British  Columbia,  and  also  was  navigator  in 
the  British  schooner  Minnie.  His  testimony  is  worth  reproducing 
somewhat  extensively.  Unless  willful  perjury  be  attributed  to  him, 
his  testimony,  based  on  actual  observation  and  experience  in  the  busi- 
ness of  slaughtering  seals,  should  be  accepted  as  conclusive  on  several 
of  the  points  under  consideration  : 

The  Indian  hunters,  when  they  use  spears,  saved  nearly  every  one 
they  struck.  It  is  my  observation  and  experience  that  an  Indian,  or  a 
white  hunter,  unless  very  expert,  will  kill  and  destroy  many  times 
more  than  he  will  save  if  he  uses  firearms.  It  is  our  object  to  take 
them  when  asleep  on  the  water,  and  any  attempt  to  capture  a  breach- 
ing seal  generally  ends  in  failure.  The  seals  we  catch  along  the  coiist 
are  nearly  all  pregnant  females.  It  is  seldom  we  capture  an  old  bull, 
and  what  males  we  get  are  usually  young  ones.  I  have  frequently 
seen  cow  seals  cut  open  and  th.  unborn  pups  cut  out  of  them  and  they 
would  live  for  several  days.  This  is  a  frequent  occurrence.  It  is  my 
experience  that  fully  85  per  cent  of  the  seals  I  took  in  Behring  Sea 
were  females  and  bad  given  birth  to  their  pups  and  their  teats  would 


4' 


U3 


''■fJMiti 

ml 

m 
III 


'      "Si 


278 


aroi::ii:nt  ov  tftk  uxiteo  states. 


befall  of  milk.  I  li  ivc^  ciu^lit  sbils  of  this  kind  100  t«)  150  miles  from 
I'ribilof  Tsliiiuls.  It  in  my  opinion  tiuit  spiMi's  shonld  be  used  in  liiint- 
in^  seals,  and  if  they  are  to  be  kept  from  extermination  the  shotgun 
Khould  be  discarded. 

Peter  Collins,  also  engaged  in  sealing  as  a  sailor,  testified  as  to  tlio 
manner  of  shooting  the  seals  {ibid.,  p.  413.  Fully  three-fourths  of  the 
seals  shot  in  the  North  Pjieiflc,  he  says,  were  females  with  young.  He 
swears  that  he  has  seen  mothers  with  their  breasts  fidl  of  milk  killed  100 
miles  or  more  from  the  seal  islands.  He  knows  that  they  go  great  dis- 
tances for  food.  His  testimony  is  that  of  a  practical  man  who  evidently 
entertained  no  prejudice  on  the  subject  of  killing  the  mothers  with 
breasts  full  of  niilk.  He  was  apprehensive,  however,  that  his  business 
would  be  destroyed.    He  says: 

There  were  not  nearly  as  many  seals  to  be  found  in  1889  as  there 
were  in  1888.  I  think  the  (lecrcase  was  catised  by  the  great  destruction 
of  females  killed  in  the  sea  by  the  huntm's,  and  it"  something  is  not  done 
to  protect  them  from  slaughter  in  the  North  Pacific  and  Hehring  Sea, 
they  will  all  be  gone  in  a  few  years. 

Capt.  Coulson  {ibid.,  pp.  414-410),  of  the  United  States  Kevenue 
Marine,  makes  a  very  interesting  deposition.  His  experience  was 
practical  and  extensive.    He  says: 

In  company  with  Special  Agent  Murray,  Capt.  Hooper,  and  Engineer 
Brerton,  of  the  Corwin,  I  visited  the  reef  and  (lobatch  rookeries,  St. 
Paul  Island,  in  August,  1891,  and  saw  one  of  the  most  i)itiable  sights 
that  I  have  ever  witnessed.  Thousands  of  dead  and  dying  pups  were 
scattered  over  the  rookeries,  while  the  shores  were  lined  with  emaciated, 
hungry  little  fellows,  with  their  eyes  turned  toward  the  sea,  uttering 
plaintive  cries  for  their  mothers,  wUich  were  destined  never  to  return. 
Numbers  of  them  were  opened,  their  stomachs  examined,  and  the  fact 
revealed  that  starvation  was  the  cause  of  death,  no  organic  disease 
being  apparent. 

The  great  number  of  seals  taken  by  hunters  in  1S91  was  to  the  west- 
ward and  northwestward  of  St.  Paul  Island,  and  the  largest  number 
of  dead  found  that  year  in  rookeries  situated  on  the  west  side  of  the 
island.  This  fact  alone  goes  a  great  way,  in  my  opinion,  to  confirm  the 
theory  that  the  loss  of  the  mothers  was  the  cause  of  mortality  among 
the  young. 

After  the  mother  seals  have  given  birth  to  their  young  on  the  islands, 
they  go  to  the  water  to  feed  and  bathe,  and  /  hdve  observed  them,  not 
only  around  the  island  hut  from  80  to  100  miles  out  at  sea. 

In  difterent  years  the  feeding  grounds  or  the  location  where  the 
greater  number  of  seals  are  taken  by  poachers  seem  to  difter;  in  other 
words,  the  seals  frequently  change  feeding  grounds.  For  instance,  in 
1887,  the  greatest  number  of  seals  Avere  taken  by  poachers  between 
Unamak,  Akatan  Passes  and  the  seal  islands,  and  to  the  southwest- 
ward  of  St.  George  Island.  In  1889,  the  catching  was  largely  done  to 
the  southward  and  eastward,  in  many  cases  from  50  to  150  miles  dis- 
tant from  the  seal  islands.    In  the  season  of  1890,  to  the  southward 


SUMMARY    OF   TIIK    EVIDENCE. 


279 


and  westward,  also  to  north  west  and  northeast  of  the  islands,  ahow- 
injj  tliat  the  seals  have  oeeu  scattenMl.  Tlie  season  of  IS'Jl,  thejjreat- 
est  number  were  taken  to  northward  and  westward  of  St.  Paul,  and  at 
various  distances  from  25  to  150  miles  away. 

The  testimony  of  such  a  witness,  speaking  of  his  knowledge,  declar- 
in{2;  upon  his  oath  that  he  had  neen  females  feeding  80  to  100  miles  from 
the  Pribilof  Islands,  ought  to  outweigh  the  negative  and  loose  state- 
ments of  any  conceivable  number  of  natives  or  other  informants  upon 
whom  the  British  Commissioners  have  relied. 

(Jharles  Challall  {ibid.,  p.  410),  a  sealer  who  had  been  sealing  up  the 
coast  and  in  Bering  Sea  three  seasons,  testified  as  follows: 

Most  of  the  seals  we  killed  np  the  coast  were  females  heavy  with 
pup.  I  think  nine  out  of  every  ten  were  females.  At  least  seven  out 
of  every  eight  seals  caught  in  the  Bering  Sea  were  nudhers  in  milk. 
The  vessels  I  went  out  in  had  from  four  to  six  boats  each.  Each  boat 
had  three  men,  a  hunter  and  two  pullers.  The  average  hunter  woiUd 
get  one  out  of  every  three  that  he  shot;  a  poor  hunter  not  nearly  so 
many.  There  are  twenty-one  bu(^kshots  to  a  shell.  I  think  a  great 
many  seals  are  wounded  by  hunters  that  are  not  taken.  The  gunshot 
wounds  more  seals  than  the  ritle.  I  think  the  aim  of  the  hunter  is  to 
kill  the  seal  rather  than  to  wound  it.  When  they  are  in  schools  sleep- 
ing we  get  a  good  many.  We  did  not  get  as  many  we  shot  at  in 
the  Bering  Sea  as  we  did  on  the  coast.  If  we  got  one  out  of  every 
three  that  we  wounded  in  the  Bering  Sea  we  were  doing  pretty  well. 
I  do  not  know  of  any  place  where  the  seals  haul  up  on  this  coast  except 
on  the  seal  islands. 

Mr.  W.  H.  Dall  (upon  whose  manuscript  note,  said  to  have  been  sup- 
plied to  Prof.  Allen,  the  British  Commissioners  rely  to  show  coition  in 
the  water).  He  testifies  to  having  seen  seals  in  the  water  of  Bering 
Sea  100  miles  or  more  from  the  Islands.  His  testimony,  too,  seems  con- 
clusive, if  he  is  a  reliable  witness.    This  is  his  language: 

The  Pribilof  Islands  are  the  chosen  home  of  the  fur-seal  {CaUorhinm 
ursiniis).  Upon  these  islands  they  are  born ;  there  they  first  learn  to 
swim,  and  more  than  half  their  life  is  spent  upon  them  and  in  the 
water  adjacent  thereto.  Here  they  (jive  birth  to  their  young ,  breed,  nurse 
their  pups,  and  go  to  and  from  their  feeding  grounds,  ichieh  may  be  miles 
distant  from  the  islands.  I  have  seen  seals  in  the  waters  oj  Bering  Sea 
distant  100  miles  or  more  from  the  islands  at  various  times  between  the 
1st  of  July  and  October.  These  seah  were  doubtless  in  search  of  food, 
which  consists,  according  to  my  observation,  of  fish,  squid,  crustaceans, 
and  even  mollusks.  Upon  the  approach  of  winter  the  seals  leave  their 
homes,  influenced  doubtless  by  the  severity  of  the  climate  and  decrease 
in  the  food  supply  (Appendix  to  Case  of  the  United  States,  Vol.  II, 
p.  23). 

James  Henry  Douglas  {ibid.,  p.  419),  was  by  occupation  a  master 
and  pilot  of  vessels,  and  had  had  long  cxperieuce  sailiug  iu  the  North 


.'   f 


,  t    t 

r     < 
V     <     , 


Ill 


i 

If.    -* 


1 


280 


AUOUMKNT  OP   THE   UNITED   STATES. 


Pacific  and  Bcrini;  8ea:  had  {^oiie  to  tlie  Rcal  inlandH  in  tlie  latter  8ca 
over  twenty  years  ago,  and  been  there  many  times  subsequently  while 
in  the  employ  of  the  Government.  He  testifies  that  his  observation 
and  information  agreed  with  tliat  of  many  other  witnesses.    He  says: 

My  information  and  observation  is  that  u  very  large  proportion  of 
those  killed  along  the  coast  and  at  sea  from  Oregon  to  the  Aleutian 
Islands  are  female  seals  with  pups;  I  think  not  less  than  95  per  cent. 
The  proportion  of  female  seals  killed  in  the  Bering  Sea  is  equally  large, 
but  the  destruction  to  seal  life  is  much  greater  owing  to  the  fact  that 
when  a  mother  seal  is  killed  lier  suckling  pup  left  at  the  rookery  also 
perislies.  Impregnation  having  also  taken  place  before  she  left  the 
rookery  in  search  of  food,  the  fietus  of  tlie  next  year's  birth  is  likewise 
destroyed.  I  also  found  timt/emales  after  giving  hirth  to  their  young  at 
the  rookeries  seek  the  codfish  banks  at  various  points  at  a  distance  of  from 
40  to  125  miles  from  the  islands  for  food,  and  are  frequently  absent  one 
or  more  days  at  a  time,  wlien  they  return  to  find  tlieir  young. 

I  have  noticed  that  the  females  when  at  sea  are  less  wild  and  dis- 
trustful than  the  bachelor  seals,  and  dive  less  quickly  in  tlie  presence 
of  the  hunter.  After  feeding  plentifully  or  when  resting  after  heavy 
weather  they  appear  to  fall  asleep  upon  the  surface  of  tlie  water.  It  is 
then  they  become  an  easy  target  for  the  hunters. 

George  Dishow,  of  Victoria,  British  Columbia,  was  by  occupation  a 
seal  hunter  and  pursued  that  business  six  years  {ibid.,  p.  323. 


V-^ 


in 


I  use  a  shotgun  exclusively  for  taking  seal.  Old  hunters  lose  but  very 
fete  seals,  but  beginners  lose  a  great  many.  I  use  the  Parker  shotgun.  A 
large  proportion  of  all  seals  taken  are  females  tcith  pup.  A  very  few 
yearlings  are  taken.  1  never  examined  them  as  to  sex.  But  very  few 
old  bulls  are  taken,  but  five  being  taken  out  of  a  total  of  900  seals 
taken  by  my  schooner.  Use  no  discrimination  in  killing  seal,  but  shoot 
everything  that  comes  near  the  boat  in  the  sliape  of  a  seal.  Hunters 
shoot  seal  in  the  most  exposed  part  of  the  body.  Have  never  known 
any  pups  to  be  born  in  the  water,  nor  on  the  land  on  the  coast  of 
Alaska  anywhere  outside  of  the  Pribilof  Islands.  Have  never  known 
fur-seal  to  haul  up  on  the  land  anywhere  on  tlie  coast  except  on  the 
Pribilof  Islands.  Most  of  the  seals  taken  in  Bering  Sea  are  females. 
Have  taken  them  70  miles  from  the  islands  that  were  full  of  milk.  I  think 
a  closed  season  should  be  established  for  breeding  seal  from  January 
Ist  to  August  15th  in  tlie  North  Pacific  Ocean  and  Bering  Sea. 

George  Faircbild  (ibid.,  p.  423),  made  a  sealing  voyage  to  the  North 
Pacific  Sea  as  sailor  on  the  Sadie  Clyde,  sailing  from  Victoria  on  the 
10th  of  April,  1888.  They  went  north  to  the  Bering  Sea,  sealing  all  the 
way  up,  and  got  110  seals  before  entering  the  sea: 

"  Most  of  them, "  he  says,  "  were  cows,  nearly  all  of  which  had  pups  in 

them.     We  took  some  of  the  pups  alive  out  of  the  bodies  of  the  females. 

We  entered  the  Bering  Sea  May  25,  and  we  got  704  seals  in  there,  the 

greater  quantity  of  which  were  females  with  their  breasts  full  of  milk,  a 

fact  which  I  know  by  reason  of  having  seen  the  milk  flow  on  the  deck  when 


SUMMARY   OP   Tin:    KVIDENCE. 


281 


It  is 


fhei/  ircrc  heing  skiinieil.  We  lijul  5  hoiits  on  board,  oju-li  l)Oiit  liavin^  a 
liuiitor,  boat  puller,  aiul  Hteerer.  We  used  Hliot};uiiH  and  ritleH.  We 
got  one  out  of  every  5  or  0  that  we  killed  or  wounded.  We  wounded 
a  great  many  that  we  did  not  fi^et.  We  eaught  them  from  10  to  5U  miles 
oft'  the  Heal  islands. " 

This  18  the  aporUmanlike  method  of  hunting  seals  of  wliieh  the  British 
Commissioners  speak  in  terms  of  undisguised  admiration! 

Samuel  Falconer  {ibid.,  p.  105),  deputy  collector  of  <-ustonis  in  186H 
and  lH\i\),  then  purser  ou  board  the  steamer  ConHtaniine,  was  also 
in  charge  of  St.  Paul  Island  several  years.  It  was  a  part  of  his 
duty  to  make  a  very  careful  and  full  study  of  seal  life.  It  was  his 
opinion  t\vA\,  \{  ^  pup  lont  itn  mother  by  any  accident  it  would  certainly 
die  by  Htarvntion.  When  the  youjig  seal  are  6  or  8  weeks  of  age 
their  mothers  force  them  into  the  water  and  teach  them  to  swim.  After 
repeated  trials  the  pup  learns  to  swim,  and  from  that  time  cm  spends  a 
great  deal  of  time  in  the  water,  but  still  the  greater  portion  of  these 
first  months  of  its  life  are  spent  on  land  sleeping  and  nursing. 

The  cow,  after  bringing  forth  her  young,  remains  on  the  rookery 
until  again  fertilized  by  the  bull,  which  is,  I  believe,  within  two  weeks. 
After  the  fertilization  she  is  allowed  to  go  to  and  from  the  water  at 
will  in  search  of  food,  which  she  must  obtain  so  she  can  nurse  her  pup. 
She  goes  on  these  feeding  excursions  sometimes,  I  believe,  40  or  more 
miles  from  the  islands,  and  an  tthe  ttwims  tcith  great  rapidity,  covers  the 
distance  in  a  short  time.  She  may  go  much  farther,  for  I  have  known 
a  cow  to  be  absent  from  her  pup  for  two  days,  leaving  it  without 
nourishment  for  this  period.  This  shows  how  tenacious  of  life  a  young 
seal  is,  and  how  long  it  can  live  without  sustenance  of  auy  sort.  The 
3-year-old  male  has  meanwhile  landed  on  the  hauling  ground  and 
is  now  of  the  most  available  age  to  kill  for  his  pelt. 

John  Fratis  [ihid.,  p.  108)  was  of  opinion  that  the  cows  were  killed 
by  the  hunters  when  they  go  out  in  the  sea  to  feed,  and  the  pups  are 
left  to  die  and  do  die  on  the  islands.    He  says : 

The  pups  are  born  soon  after  the  arrival  of  the  cows,  and  they  are 
helpless  and  can  not  swim,  and  they  would  drown  if  put  into  the  water. 
The  pups  have  no  sustenance  except  what  the  cows  furnish,  and  no 
cow  suckles  any  pup  but  her  own.  The  pups  would  suck  any  cow  if 
the  cow  would  let  them. 

After  the  pup  is  a  few  days  old  the  cow  goes  into  the  sea  to  feed,  and  at 
first  she  will  only  stay  away  for  a  few  hours,  but  as  the  pup  grows 
stronger  she  will  stay  away  more  and  more  until  she  will  sometimes  be 
away  for  a  week. 

William  Frazer  gives  his  experience  as  a  sealer.  The  hunters  use 
shotguns,  he  says  {ibid.,  p.  427),  and  got  about  one  out  of  every  six  they 
shot  at  or  killed,  and  sometimes  they  got  none.    The  great  majority  of 


.m 


»'* ' ... 
i  ;  ^• 
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282 


ARGUMENT  OP   TIIR   UNITKD   STATES. 


y 


I;  i 

I  i 


'VI 


tliom  were  f«'iMi>l<'s.  Most  of  the  fiMnalo.s  killed  have  unborn  pupH  or 
w<'iT('<)WH  in  th«  niillt.  They  did  not  ivill  any  on  the  Ishmd  becauHe  they 
never  went  in  ch)se  enough.  Ho  testiftoH  positively  that  "  we,"  roeau- 
injj  hifl  companions  and  himself  on  the  Charles  Wilnnn,  "  killed  females 
givin'^  milk  more  than  10<)  mih^s  from  the  seal  islands.  Most  of  the 
seals  sunk  or  dove  out  of  sight  when  killed  or  wounded,  and  a  great 
many  of  them  we  could  not  get."  On  one  occasion  he  got  600  seals. 
He  <loe8  not  know  whether  it  was  on  the  American  side  or  not.  They 
were  almost  all  females.  He  noticed  when  he  skii;ned  them  that  they 
were  females  in  milk,  as  the  milk  would  run  from  their  breasts  on  to 
the  decks.  He  concurs  with  the  otlier  witnesses  as  to  the  diminution 
in  the  number  of  seals. 

Norman  Hodgson  {ibid.,  p.  366)  observed  nursing  cows  from  60  to  80 
miles  from  the  Pribilof  Islands,  where  they  were  ranging  to  feed. 

I  do  not  think  it  possible  for  fur-seals  to  breed  or  copulate  in  water 
at  sea  and  never  saw  nor  heard  of  the  action  taking  place  a  a  i>atch 
of  floating  kelp.  I  have  never  seen  a  young  fur-seal  pup  of  the  same 
season's  birth  in  the  water  at  sea  nor  on  a  patch  of  floating  kelp  and 
in  fact  never  knew  of  their  being  born  anywhere  save  on  a  rookery. 
/  have,  hoirever,  cut  open  a  gravid  cow  and  taken  the  young  one  from  its 
mother^s  womb,  alive  and  crying.  I  do  not  believe  it  possible  for  a  fur- 
seal  to  be  s  ccessfully  raised  unless  born  and  nursed  on  a  rookery.  I 
have  seen  fi  i-seals  resting  on  patches  of  floating  kelp  at  sea,  but  do 
not  believe  they  ever  haul  up  for  breeding  purposes  anywhere  except 
on  rookeries. 

Chad  George  (tfiirf.,  p.  36.5)  27  year  sold  and  a  seal  hunter  since  he  was 
a  mei'e  boy,  has  been  engaged  in  the  killing  of  seals  and  speared  every- 
thing that  came  near  his  boat,  regardless  of  sex.  He  had  hilled  seals 
200  miles  from  the  Pribilof  Islands  that  icerefull  of  milk. 

H.  A.  Gliddon  {ibid.,  p.  210),  stated  that  the  females  during  the  entire 
sealing  season  are  going  and  coming  to  and  from  the  water  for  the  pur- 
pose of  feeding,  and  in  his  opinion  while  the  females  are  thus  going  to 
and  from  the  feeding  ground  and  through  the  Aleutian  passes  they 
are  intercepted  sind  shot  by  open  sea  sealers. 

Capt.  E.  M.  Greenleaf,  a  resident  of  Victoria,  British  Columbia,  a  sea 
faring  man,  holding  a  commission  as  master  mariner,  captured  at  one 
time  sixty-three  seals,  all  of  tchichwere  females  and  all  were  pregnant  {ibid., 
p.  324).  He  was  informed  by  conversation  with  Bering  Sea  seal  hunters 
that  they  killed  seal  cows  30  to  200  miles  from  the  breeding  grou  nds,  and 
that  these  cows  had  evidently  given  birth  at  a  recent  time  to  young. 
As  to  the  proportions  of  seals  fired  at  and  killed  or  wotmded,  it  is  his 


SUMMARY   OF   THE   FA'IDENCE. 


283 


a  sea 


jiulpmont  that,  taking  tin*  run  of  hniiteis,  good  and  bad,  tho  hrst  (jet 
about  'tO  per  cent  uf  tlio.se  shot  at,  and  the  poorest  nut  more  than  one 
out  of  tifteen. 

Cuniuhitive  testimony  to  tliis  effect  mifjht  be  eited  t<»  tlie  extent  of 
wearisome  repetition,  but  if  the  learned  Arbitrators  should  desire  to 
pursue  the  subject  as  far  as  the  evitlence  will  permit,  we  pive  below 
references  to  the  testimony  to  be  found  in  the  Appendix  and  not  »iw- 
eially  quoted. 

We  submit  that  it  ia  absolutely  conclusive  unless,  as  we  have  sufj- 
gested  before,  for  some  unknown  reason  it  should  be  rejected  as  inten- 
tionally and  criminally  i;  . -ft. 

Arthur  Griffin  {ihiil.,  p.  :i25)  captured  femalcH  from  20  to  200  miles 
from  the  rookeries. 

James  Griffin  (ilnU.,  p.  433)  Idled  female  seals  full  of  milk  90  miles 
from  the  inlnndn. 

Martin  Hannon  [ibid.,  p.  445)  MUed  them  full  of  milk  100  miles  from 
the  seal  inlands. 

James  Harrison  (I'frirf.,  p.  32G)  caught  200  seals  in  the  Behring  Sea 
about  the  1st  of  June,  moatly  mothers. 

James  Hayward  {ibid.,  p.  327)  (iaught  them  ]'>0  miles  from  the  shore 
and  skinned  them  when  their  breasts  were  full  of  milk.  He  says  that  they 
travel  very  fast  and  go  a  long  way  to  feed. 

J.  Johnson  (ibid.,  p.  331)  killed  female  seals  full  of  milk  75  ujiles  from 
the  island;  used  a  shotgun  and  killed  everything. 

Louis  Kinimel  {ibid.,  p.  173)  had  observed  them  at  least  20  miles  from 
the  islands. 

Andrew  Laing  {ibid.,  p.  334)  had  caught  them  75  to  100  miles  from 
the  island  and  in  skinning  them  the  milk  would  run  out  of  the  teats  of  the 
females,  they  having  given  birth  recently  to  young  on  the  islands. 

William  H.  Long  {ibid.,  p.  457)  killed  mothers  in  milk  all  the  way  from 
10  to  200  miles  off  shore. 

Thomas  Lowe  {ibid.,  p.  371)  in  1889  hunted  in  the  Bering  Sea  from 
80  to  100  t.'iles  off  the  Pribilof  Islands.  Two-thirds  of  his  catch  were 
cows  in  milk. 

Thomas  Lyons  {ibid.,  p.  400)  about  the  20th  or  28th  of  June  went 
into  the  Bering  Sea  and  caught  389  seals,  nearly  all  of  which  were 
motJiers  in  milk.  He  knows  it  as  he  saw  the  milk  flow  on  the  deck 
while  skinning  them. 

William  M.  McLaughlin  {ibid.,  p.  401)  killed  them  50  to  60  miles  off 
ahot-e,  most  of  them  with  milk. 


I 

I 


if 


nr 


V' 


284 


ARGUMRNT    OP   THE   UNITED   STATES. 


Alexander  M(Jjeaii  {ibid.,  p.  430)  killed  tliciii  as  far  off  as  150  miles 
off  the  land.    They  were  mothers  with  yoxmg. 

Daniel  McLean  {ibid.,  p.  444)  killed  mothers  all  the  v/ay  from  20  to  65 
miles  oif  St.  George  and  St.  Paul. 

Robert  H.  McManus  {ihid.,  p.  335),  a  resident  of  Victoria;  by  profes 
sion  a  newspaper  correspondent ;  went  for  his  health  on  a  sealing  expedi- 
tion. His  deposition  is  exceptionally  minute  and  interesting.  The  men 
on  his  ship  (Schooner  Otto)  killed  them  at  a  distance  of  200  miles  from  the 
rookeries.  Over  three-fourths  of  his  catch  were  cows  in  milk.  Judged 
from  the  number  of  shots  tired  that  it  took  about  one  hundred  to 
secure  one  seal;  one  day  there  was  a  total  catch  of  seventeen  seals; 
greater  proportion  were  in  milk;  horrid  sight;  could  not  stay  the 
ordeal  out  till  all  were  flayed. 

Thomas  Madden  {ibid.,  p.  463)  has  spent  or  had  been  going  to  the 
Bering  Sea  over  12  years,  which  he  entered  about  June.  Most  of  the 
seals  killed  were  cows  and  he  saw  the  milk  run  out  of  their  breasts 
on  the  deck  as  they  were  being  skinned. 

G.  E.  Miner  {ibid.,  p.  466)  killed  seals  with  milk  350  miles  from  the 
Pribilof  Islands. 

Thomas  F.  Morgan  {ibid.,  p.  60)  says  that  the  female  goes  40  miles  or 
even  farther  from  the  island. 

Niles  Kelson  {ibid.,  p.  409)  swears  that  he  hasJcilled  mothers  in  milk  100 
miles  or  more  from  the  island. 

Dr.Noyes  {ibid.,  p.  82),  resident  physician  and  sometimes  schoolmaster 
on  the  islands,  says  that  the  female  mother  goes  a  distance  of  from  40  to 
200  miles  from  the  island  to  feed.  His  deposition  is  very  full  and  inter- 
esting. It  is  valuable  as  shedding  light  on  most,  if  not  all,  of  the  ques- 
tions here  involved. 

John  Olsen  {ibid.,  p.  471)  swears  that  he  shot  twenty-eight  himself  from 
50  to  150  miles  off  the  seal  islands.     They  were  mothers  full  of  milk. 

Other  witnesses  estimate  the  distance  at  60  miles,  100  miles,  etc. 
See  T.  F.  Ryan  {ibid.,  p.  175),  0.  M.  Scaminon  {ibid.,  p.  473),  Adolphus 
Sayres  {ibid.,  p.  473),  L.  G,  Shepard  {ihid.,  p.  187),  William  H.  Smith 
{ibid.,  p.  478),  Z.  L.  Tanner  {ibid.,  p.  374). 

Capt.  Tanner,  lieutenant-commander  in  the  United  States  Navy, 
makes  a  deposition  which  is  entitled  to  particular  consideration.  The 
following  is  a  short  extract: 

Seals  killed  in  Bering  Sea  after  the  birth  of  pups  are  largely  mother 
seals,  and  the  farther  they  are  found  from  the  island*  the  greater  the  per- 


1i 


SUMMARY   OP   THE   EVIDENCE. 


285 


centaye  will  be.  The  reason  for  this  seeming  paradox  is  very  simple. 
The  young  males,  having  no  family  responsibilities,  can  afford  to  hnnt 
nearer  home,  where  food  can  be  found  if  sufficient  time  is  devoted  to  the 
search.  The  mother  does  not  leave  her  young  except  when  necessity 
compels  her  to  seek  food  for  its  sustenance.  She  can  not  afford  to  waste 
time  on  feeding  grounds  already  occupied  by  younger  and  more  active 
feeders;  hence  she  makes  the  best  of  her  way  to  richer  fields  farther 
away,  gorges  herself  with  food,  then  seeks  rest  and  a  quiet  nap  on  the 
surface.  Under  these  circumstances  she  sleeps  soundly,  and  becomes 
an  easy  victim  to  the  watchful  hunter. 

A  double  waste  occurs  when  the  mother  seal  is  killed,  as  the  pui)s 
will  surely  starve  to  death.  A  mother  seal  will  give  sustenance  to 
no  pup  but  her  own.  I  saw  sad  evidences  of  this  waste  on  St.  Paul 
last  season,  where  large  numbers  of  pups  were  lying  about  the  rookeries, 
where  they  had  died  of  starvation. 

Adolph  W.  Thompson  {ibid.,  p.  486)  killed  females  in  milk,  although  he 
never  went  nearer  to  the  island  than  35  or  30  miles. 

Michael  White  {ibid.,  p.  489)  killed  seals  in  milk  not  less  than  100  to 
200  miles  from  the  island. 

William  H.  Williams  {ibid.,  j).  93),  United  States  Treasury  agent  in 
charge  of  the  seal  islands  in  Bering  Sea,  states  that  it  is  a  well-known 
fact  substantiated  by  the  statements  of  reputable  persons  who  have 
been  on  sealing  vessels  and  seen  them  killed  200  miles  or  more  from  the 
islands,  and  who  say  that  they  have  seen  the  decks  of  the  vessels  slippery 
of  milk  flowing  from  the  carcasses  of  the  dead  females.  He  alludes  to 
the  thousands  of  dead  pups  left  on  the  rookeries  starved  to  death  by 
the  destruction  of  their  mothers  as  conclusive  evidence  of  the  destruc- 
tion and  havoc  wrought  by  the  pelagic  seal  hunters. 

If  this  cumulative  and  unimpeachable  evidence  does  not  establish  the 
fact  which  we  have  undertaken  to  prove,  we  must  despair  of  satisfying 
this  High  Tribunal  or  any  other  tribunal  of  the  correctness  of  our 
statements.  We  submit,  however,  that  it  is  more  than  made  out — that 
it  must  be  taken  as  a  fact  in  the  discussion  of  this  case — that  the  cows, 
while  suckling,  go  to  sea  for  food ;  that  they  travel  long  distances,  some- 
times as  great  as  200  miles;  and  that  during  such  excursions  they  are 
ruthlessly  slaughtered  by  pelagic  sealers,  in  many  cases  without  profit, 
as  they  sink  and  are  irretrievably  lost.  The  sickening  details,  abund- 
antly ftiiniyhed  by  the  witnesses,  sufficiently  characterize  the  business, 
and  jnstify  the  harshest  expressions  of  condemnation.  The  slaughter 
thus  described  constitutes  a  crime,  for  it  violates  the  most  common  in- 
stincts of  our  nature  and  would  be  punished  by  the  laws  of  every  civi- 
lized nation,  if  jurisdiction  could  only  be  acquired  over  the  wrong  doers. 
And  yet  the  Commissioners  for  Great  Britain  undertake  to  justify  this 


I 


I 


1    ■! 

1^ 


286 


ARGUAIENT   OF   THE    UNITED    STATES. 


practice  for  its  sportsmanlike  qualities,  aud  to  eulogize  it  because  it 
gives  the  seals  a  fair  sporting  chance  for  their  life  (Sec.  625).  It  is 
really,  they  say,  hunting  as  distingimhed  from  slaughter  {ibid).  It  is 
not  easy  to  discuss  these  propositions  with  that  patient  and  resi)octfnl 
consideration  which  is  due  to  the  importance  of  the  questions  involved. 

VIII.— The  Fur-Seal  is  a  Polygamous  Animal,  and  the  Male 
is  at  least  four  times  as  large  as  the  female.  as  a 
Rule,  each  Male  serves  alout  Fifteen  or  Twenty  Fe- 
males, BUT  IN  Some  Cases  as  Many  as  Fii'ty  or  More  (Case 
OP  the  United  Stati:s,  p.  327). 

A  great  diminution  in  the  number  of  females  making  up  a  harem  has 
been  noticeable  in  late  years.  Formerly  there  would  be  on  an  average 
30  cows  to  a  bull;  now  they  will  not  average  15  (Case  of  the  United 
States,  p.  314).  The  British  Commissioners  are  in  substantial  accord 
with  the  statements  above  quoted  as  to  the  service  of  the  female  by  the 
male.  They  cite  from  Bryant  to  show  that  the  proportion  is  1  male  to 
9  to  12  females;  jfrom  Elliott,  that  the  mean  number  is  5  to  20,  and  from 
Mr.  Grebnitzky,  that  the  ratio  should  not  exceed  1  to  20  (Sec.  54).  This 
is  sullicieut  for  our  present  purposes,  especially  as  they  add  that  it  is 
no  uncommon  event,  during  the  last  few  years,  to  find  a  single  male  seal 
with  a  harem  mimhering  from  40  to  50,  and  even  as  many  as  60  to  80,  fe- 
males (Sec.  55).  With  their  deductions  from  these  facts  we  are  not  at 
this  moment  concerned.  It  is  apparent,  on  the  face  of  the  report,  that 
the  Commissioners  had  a  theory  to  supi)ort  and  that  the  facts  were 
read  by  them  in  the  light  of  that  theory.  An  amusing  illustration, 
an)oug  many,  is  found  in  the  statements  on  this  very  point.  Bearing  in 
mind  the  severe  criticism  of  earlier  sections  (54,  55,  and  56)  upon  the 
system  of  sacrificing  males  so  that  the  bulls  are  forced  to  supi)ly  the 
necessities  of  40  to  60  and  even  60  to  80  females,  read  section  483,  describ- 
ing the  condition  of  seal  life  as  far  back  as  1812: 

In  the  Avell-known  Penny  Cyclopedia,  published  so  lately  siS  1812  [half 
a  century  ago],  the  seal  is  described  as  follows:  *  *  #  "When 
these  migratory  seals  appear  oft'  Kamtchatka  and  Kuriles  early  in  the 
spring,  they  are  in  high  condition  and  the  females  are  pregnant.  They 
remain  on  and  about  the  shore  for  two  months,  during  which  the 
females  bring  forth.  They  are  jjolygamous  and  live  in  families,  every 
male  being  snrronndcd  by  a  croird  of  females  (from  50  to  80),  whom  he 
guards  with  the  greatest  jealousy."     (Sec.  483.) 

It  would  seem  from  this  extract  that  the  polygamous  practices  and 
habits  of  the  seal  have  not  changed  since  1812  and  that  the  service  by 


SUMMARY    OF    THE    EVIDENCE. 


287 


one  male  of  a  large  uumber  of  females  is  not  new  and  is  not  the  result 
of  excessive  slaughter  on  the  land. 

We  are  not  left,  however,  to  the  statements,  inconsistencies,  and  cita- 
tions of  the  British  Commissioners'  report.  The  testimony  of  many 
witnesses  bears  out  the  proi)ositions  stated  in  the  Case  of  the  United 
States  and  disposes  at  the  same  time  of  the  pretense  that  the  bulls 
are  now  compelled  to  perform  increased  and  exhaustive  duty  by  reason 
of  a  reduction  in  the  number  of  young  bulls. 

The  fact  seems  to  be  well  established  that  the  bull  is  possessed  ot 
extraordinary  powers.  He  is  able  to  subsist  several  months  without 
tasting  food  and  to  fertilize  at  the  same  time  an  almost  indefinite  num- 
ber of  cows.  The  limitation  in  the  number  of  his  harem  depends  gen- 
erally upon  his  ability  to  secure  alarger  or  smaller  proi)ortion  of  females. 
He  gathers  about  him  as  many  cows  as  he  can.  Josepli  Stanley-Brown 
speaks  on  this  subject  from  actual  observation.  He  describes  the 
breeding  bull  as  possessing  "  a  vitality  unsurpassed  by  any  other  mem- 
ber of  the  animal  kingdom."  He  testifies  that  the  very  large  harems 
were  unfiequent  and  that  the  average  number  in  the  season  immedi- 
ately preceding  w;  .  about  20  to  25.  (Appendix  to  Case  of  the  United 
States,  Vol.  II,  p.  13).  Charles  Bryant  places  the  average  at  15  to  20 
cows  for  each  bull.  {Ibid.,  p.  0.)  Sanmel  Falconer  testifies  to  having 
seen  20  cow^s  or  more  to  a  bull,  but  of  course,  he  added,  the  exact  num- 
ber in  a  harem  is  a  matter  of  conjecture,  as  many  cows  are  absent  in  the 
water  alter  the  season  has  fairly  commenced.  {Ibid.,  p.  106.)  T.  V. 
Morgan  testifies  that  the  bull  returns  to  the  island  about  the  1st  of  May 
and  hauls  up  to  the  breeding  rookeries,  provided  he  is  able  to  maintain 
himself  there,  which  takes  many  bloody  conflicts.  There  he  (fathers 
abotit  him  as  many  females  as  he  is  able.  {Ibid.,  j).  3.)  Capt.  Olsen  is 
quoted  by  Theodore  T.  Willianis  as  i)lacing  the  nuniber  of  females 
served  by  one  bull  at  20  or  25  {ibid.,  j».  505.) 

The  respective  weights  of  the  animals  is  placed  in  the  Case  of  the 
United  States  at  400  to  700  pounds;  that  of  the  cows  at  100  (pp.  107, 
113). 

This  great  disparity  in  bulk  should  be  borne  in  mind  when  we  con- 
sider the  probability  of  pelagic  copulation. 

The  Encyclopedia  Britannica  states  the  weight  of  the  animals  sub- 
stantially as  it  is  stated  in  the  tescimony  and  case.  The  male  seal  is  said 
to  weigh  500  to  700  pounds,  the  females  80  to  100.    There  seems  to  be 


ff 


p 


i\ 


m 


■  *  i^ 


■i  .1 


I  - 


288 


ARGUMENT   OP   THE   UNITED   STATES. 


no  dispute  as  to  these  estimates  (The  Gycloxiedia  also  states  that  soon 
after  the  lauding  the  female  gives  birth  to  one  pup,  weighing  about 
C  pounds). 

The  real  conflict  between  the  report  of  the  British  Commissioners  and 
the  Case  of  the  United  States  seems  to  be  as  to  the  number  of  cows  in  a 
harem.  The  British  Commissioners  assert  that  the  number  is  unduly 
large  of  cows  served  by  one  bull ;  the  United  States  produce  credible  and 
experienced  witnessess  to  show  that,  on  the  contrary,  ;he  number  of 
females  is  decreasing.  A  comparison  is  invited  between  the  two  state- 
ments and  the  quality  of  proof  adduced  in  favor  of  each.  It  Is  plain  that 
the  British  Commissioners  could  not  admit  the  diminution  in  number  of 
female  seals  without  admitting  that  decrease  to  be  wholly  due  to  pe- 
lagic slaughter.  They  are  therefore  reduced  to  the  necessity  of  insist- 
ing that  there  is  a  redundancy  of  females  and  a  deficit  of  males  on  the 
Islands.  They  are  kind  enough  to  admit,  however,  that  "  the  sparing  of 
females,  in  a  degree,  prevented,  for  the  time  being,  the  actual  depletion 
of  seals  on  the  islands  "  (Sec.  58).  It  is  not  probable  that  any  reasonable 
person  will  take  issue  with  them  on  that  point.  The  intelligence  and 
legislation  of  th^i  civilized  world,  not  to  speak  of  humanity  in  its  broad 
sense,  have  concurred  that  to  spare  the  female  was,  not  the  best,  but 
the  only  effective  method  of  preventing  depletion  and  eventual  exter- 
mination. 

Even  if  we  should  concede,  for  the  sake  of  the  argument  and  in  direct 
disregard  of  the  fact,  that  the  diminution  is  due  to  the  smaller  number 
of  males,  we  would  venture  to  remind  this  High  Tribunal,  if  such  a 
reminder  were  needed,  that  the  pirates  or  poachers  who  pursue  and 
slaughter  the  pregnant  and  nursing  females  are  killing,  by  starvation 
in  the  one  case,  by  the  mother's  death  in  the  other,  a  large  nu:  '  ^  of 
males.  Even,  according  to  their  own  showing,  the  British  Commission- 
ers must  realize  that  pelagic  sealing  is  responsible,to  some  extent  at  least, 
for  the  decrease  in  the  number  of  males,  as  well  as  of  females.  They  may 
speak  of  this  "industry,"  as  they  terra  it,  and  glorify  it  as  requiring  all 
the  courage  and  skill  which  can  be  brought  to  bear  on  it  (whatever  that 
may  mean).  (Sec.  609.)  They  may  contrast  its  "sportsmanlike"  char- 
acter with  the  "butchery"  committed  on  the  islands  (Sec.  610);  but  they 
can  not  fail  to  perceive  that  the  mode  of  destruction  which  principally 
deals  with  gravid  females,  necessarily  strikes  at  the  very  foundation 
of  life  and  must  eventually  extinguish  the  race,  because,  as  they  mildly 
state  it,  it  is  unduly  destructive  (Sec.  633). 


I'! 


SUJfMARY   OF   THE   EVIDENCE. 


289 


The  pelagic  sealer  not  o'lly  kills  or  attempts  to  kill  the  males  that  he 
happens  to  meet,  but  prevents  the  birth  of  males  to  take  their  place. 
He  often  kills  three  with  one  discharge  of  his  ritie,  viz.:  the  mother, 
the  unborn  young,  and  the  pup  at  home;  but  he  does  it  in  a  "  sjiortsman- 
like"  manner,  and  he  gives  the  sleeping  animal  a  "fair  sporting  chance 
for  its  life."  (Sec.  010.)  In  many  cases  he  either  misses  his  object  or 
wounds  it  and  loses  it.  So  that  there  is  by  this  manly  pro(!ess  an  utterly 
useless  waste  of  life,  in  many  cases  a  waste  more  or  less  appalling  as  the 
"sportsman"  is  more  or  less  skillful.  How  destructive  in  reality  tliis 
process  is  proven,  to  be  maybe  seen  tiom  the  Biitisli  Commissioners' 
report  under  the  head  of  "Proportion  of  Seals  Lost,"  (p.  104,  Sec.  COS) 
It  must  be  a  consoLation  to  those  disiiosed  to  extol  this  kind  of  sport 
that  while  nearly  " all  the  pelagic  sealers  concur  in  the  opinion  that 
the  fur-seal  is  annually  becoming  more  shy  and  wary  at  sea,"  it  is  cer- 
tain that  "  the  dexterity  of  the  hunters  has  increased  pari  i)assu  icith  the 
wariness  of  the  seals.''^    (British  Commissioners'  Itoport,  Sec.  401.) 

That  the  number  of  the  seals  has  been  diminished  in  recent  years 
and  at  a  cumulative  rate,  and  that  such  diiuinution  is  the  consequence 
of  destruction  by  man,  is  certified  by  the  Joint  Report  of  all  the  Com- 
missioners. That  this  human  agency  is  pelagic  sealing  exclusively,  and 
not  the  mode,  manner,  or  extent  of  capture  upon  the  breeding  islands, 
is  abundantly  clear. 

This  follows  necessarily  from  admitted  facts.  The  fur-seals  being 
polygamous,  and  each  male  sufficient  for  from  30  to  oO  females,  and 
being  able  to  secure  to  himself  that  number,  it  follows  that  there  must 
be  at  all  times  a  larger  number  of  superfluous  males,  and  the  killing  of 
these  produces  no  permanent  diminution  of  the  number  of  the  herd. 
On  the  other  hand,  the  killing  of  a  single  breeding  female  necessarily 
reduces  pro  tanto  the  normal  ninnbers. 

An  excessive  killing  of  males  might  indeed  tend  toward  a  decrease 
if  carried  to  such  an  extent  as  not  to  leave  enough  for  the  purpose  of 
eftectual  impregnation  of  all  the  breeding  females.  The  taking  from 
these  herds  of  100,000  males  would  not,  if  that  were  the  only  draft 
allowed,  be  excessive.    This  is  evident  from  many  considerations. 

(a)  Those  who,  like  the  British  Commissioners,  propose  to  allow 
pehigic  sealingto  such  an  extent  as  would  involve  the  annual  slaughterof 
at  least  50,000  females  in  addition  to  a  slaughter  of  50,000  young  males  on 
the  breeding  islands,  can  not  certainly  with  the  least  consistency  assert 
that  the  capture  limited  to  100,000  males  would  be  excessive.  Nor 
14749 19 


if 


n  '' 


290 


ARGUMENT  OF  THE  UNITED  STATES. 


I 


I 


m 


could  they  consistently  assert  this  even  though  the  pelagic  slaughter 
should  be  restricted  (by  some  means  which  no  one  has  yet  suggested) 
to  10,000  females.  It  requires  no  argument  to  show  that  the  destruc- 
tion of  even  that  number  would  be  i-apidly  disastrous  to  the  herds. 

(&)  And  when  we  turn  to  the  proofs,  they  are  conclusive  that  prior 
to  the  practice  upon  any  considerable  scale  of  pelagic  sealing,  the 
annual  draft  of  100,000  young  males  did  not  tend  to  a  diminution  of 
numbers. 

(c)  Of  course  it  is  easily  possible  that  the  indisciminate  slaughter 
effected  by  pelagic  sealing  may  soon  so  far  reduce  the  birth  rate  as  to 
make  it  difficult  to  obtain  the  annual  draft  of  100.000  young  males. 
This  draft,  under  such  circumstances,  would  not  necessarily  at  oncedi- 
]ninish  the  birth  rate,  for,  the  number  of  females  being  less,  a  less  num- 
ber of  males  would  be  required.  The  number  of  the  whole  herd  miglit 
be  rapidly  diminished  by  the  slaughter  of  females  and  the  consequent 
diminution  of  the  birth  rate,  and  still  100,000  males  continue  to  be  ta- 
ken for  a  time  without  damage.  How  soon  a  point  would  be  reached 
at  which  so  large  a  draft  of  males  from  a  constantly  diminishing  number 
of  births  would  operate  to  produce  an  insufficiency  of  males,  is  a  prob- 
lem which  from  want  of  precise  knowledge  of  the  relative  numbers  of 
the  sexes,  it  would  be  difficult  to  solve. 

The  British  Commissioners'  Keport  upon  this  subject  is  as  follows; 

The  systematic  and  persistent  hunting  and  slaughter  of  the  fur-seal 
of  the  North  Pacific,  both  on  shore  and  at  sea,  has  naturally  and 
inevitably  given  rise  to  certain  changes  in  the  habits  and  mode  of  life 
of  that  animal,  which  are  of  importance  not  only  in  themselves,  but  as 
indicating  the  efi'ects  of  such  pursuit,  and  in  showing  in  what  particular 
this  is  injurious  to  seal  life  as  a  whole.  Such  changes  dotibtless  began 
more  than  a  century  ago,  and  some  of  them  may  be  traced  in  tlie  his- 
torical precis,  elsewliere  given  (Sec.  782  et  seq.).  It  is  unfortunately 
true,  however,  that  the  disturbance  to  tlie  normal  course  of  seal  life  has 
become  even  more  serious  in  recent  years,  and  that  there  is  therefore, 
no  lack  of  material  tiom  which  to  study  its  character  and  efiect  even  at 
the  present  time. 

In  the  zeal  of  their  advocacy  on  behalf  of  pelagic  sealing  and  their 
denunciation  of  the  methods  in  use  on  the  Islands,  the  Commissioners 
have  experienced  much  and  evident  difficulty  in  framing  their  theory. 
If  the>  admitted,  in  unqualified  terms,  a  decrease  in  number,  the  ob- 
vious deduction  from  the  concession  would  be  that  the  unlimited  slaugh- 
ter of  females  must  bear  the  blame  and  burden  of  such  a  result.  To 
that  extent  pelagic  sealing  must  be  condemned.  If,  on  the  other 
hand,  they  should  assert  that  the  number  actually  increased,  this 


SUMMARY    OF    THE    EVIDENCE. 


291 


would  only  be  oooslstent  with  an  approval  of  the  methods  in  nse  on 
the  hind.  Between  this  Scylla  and  this  Charybdis  a  way  of  escape 
must  be  found  and  it  was  found.  The  ingenuity  here  displayed  de- 
serves full  notice  and  acknowledgment.  The  Joint  Eeport  contains  this 
statement: 

"We  find  that  since  the  Alaska  purchase  a  marked  diminution  in  the 
number  of  seals  on  and  habitually  resorting  to  the  Pribilof  Islands 
has  taken  place,  that  it  has  been  cumulative  in  effect  and  that  it  is  the 
result  of  excessive  killing  by  man. 

Bearing  in  mind  that  the  fur-seals  forming  the  object  of  this  contro- 
versy have  no  other  home  or  land  than  the  Pribilof  Islands,  and  that 
the  British  Commissioners  themselves  concede  that  they, /or  the  moat 
part,  breed  on  those  islands;  bearing  in  mind,  too,  that  these  gentlemen 
have  not  yet  discovered  any  other  summer  habitat  for  the  seals,  it 
would  seem  that  this  declaration  is  equivalent,  in  its  fair  sense  and 
meaning,  to  a  statement  that  the  fur-seals  that  frequent  the  American 
coast  and  the  Bering  Sea  hare  suffered  a  marked  decrease. 

Perhaps  it  was  so  intended  by  the  British  as  it  was  by  the  United 
States  Commissioners;  but  if  so,  the  former  gentlemen  have  lost  sight 
of  their  original  intention  and  have  been  led  to  nice  distinctions,  which 
we  shall  now  examine. 

That  the  seal,  although  "essentially  pelagic"  (Sec.  26),  has  not  yet 
learned  to  breed  at  sea  is  not  denied,  although  to  the  vision  of  the 
Commissioners  the  prospect  of  such  a  transformation  or  evolution  is 
evidently  not  very  remote.  We  must,  in  justice  to  them,  quote  one 
single  passage  which  admirably  illustrates  the  complacency  and  self- 
conficience  with  which  they  wrest  to  their  own  purposes,  with  unhesi- 
tating violence,  the  laws  of  nature  and  the  mysteries  of  ulterior 
evolution.  If  this  quotation  does  not  give  a  just  idea  of  the  imagina- 
tive powers  of  these  olflciuls  nothing  but  a  perusal  of  the  whole  of 
their  work  will  do  them  justice: 

The  changes  in  the  habits  and  mode  of  life  of  the  seals  naturally 
divide  themselves  into  two  classes,  which  may  be  considered  separately. 
The  first  and  most  direct  and  palpable  of  these  is  that  shown  in  the 
increased  shyness  and  wariness  of  tlie  animal,  which,  though  always 
pelafjic  in  its  nature,  has  been  forced  by  circumstances  to  shun  the  land 
more  than  before,  so  that,  but  for  the  necessity  imposed  upon  it  of  seek- 
ing the  shore  at  the  season  of  birth  of  the  young,  it  might  probably  ere  this 
have  become  entirely  pelagic. 

An  animal  "always  pelagi<'," /orcefZ  by  circumstances  to  shun  the  land 
more  than  before,  and  which  would  become  entirely  pelagic  long  before 


hi 
11 


292 


ARGUMENT   OP   THE   UNITED   STATES. 


this  if  it  were  not  obliged  to  seek  the  shore  for  so  trifling  an  object  as 
giving  birth  to  its  youug  certainly  deserves  to  be  classed  among  the 
cariosities  of  nature.  The  ditlerenco  between  animals  (now)  always 
I)e]agic  and  those  (in  the  future)  entirely  ])eliigic  may  not  readily  be 
understood  without  explanation  not  vouchsafed.  How  can  they  be  al- 
ways  pelagic  if  they  are  obliged  to  seek  the  land  or  perish  and  why  is 
it  reasonable  to  talk  of  the  probability  of  their  becoming  something 
different  from  what  they  are  when  that  conjecture  is  based  upon  noth- 
ing but  reckless  and  grotesque  assumption?  Of  course  this  and  other 
specimens  of  afitirout  to  common  sense  are  merely  gratuitous  and  point- 
less vagaries.  But  the  thesis  must  be  sustained  viz :  that  the  seals  are 
not  even  amphibious  animals;  their  resort  to  land  is  a  merely  accidental 
necessity,  and  therefore  the  United  States  can  no  more  claim  a  right 
to  or  possession  in  them  than  in  other  "essentially  pelagic  animals," 
such  as  the  whale,  the  codfish,  or  the  turbot. 

If  anything  more  were  needed  to  emphasize  the  absurdity  of  this 
defiance  of  well-known  facts  and  settled  distinctions  in  the  animal  world 
we  might  still  farther  cite  the  British  Commissioners  on  the  subject  of 
the  seal  pelage  or  shedding  of  hair.  It  seems  that  these  pelagic  animals 
were  not  endowed  by  nature  with  the  proper  skin  to  perform  this  func- 
tion in  their  native  element.  Unless  they  can  find  a  suitable  place 
out  of  water  they  retain  the  old  hair  and  disregard  the  laws  which 
would  compel  an  annual  shedding.  Lest  this  seem  an  exaggeration,  read 
their  Eeport  citing  Mr.  Grebnitsky :  "During  the  '  stagey'  or  shedding 
season  their  pelage  becomes  too  thin  to  afford  a  suitable  protection  from 
the  water.    (See  section  202,  also  281,  631,  032.) 

It  is  hardly  necessary  to  say  that  this  theory,  so  gravely  and  seri- 
ously advanced,  that  the  seal  is  naturally  and  essentially  a  pelagic 
animal,  is  utterly  unsustained  by  evidence,  is  refuted  by  the  language 
of  the  Commissioners  themselves  and  disputed  by  elementary  writers. 
It  is  only  necessary  to  ascertain  how  naturalists  define  pelagic  animals 
and  then  comi)aie  such  definition  with  the  known  characteristics  and 
rudimentary  elements  of  seal  life  (see  especially  for  this  the  books  of 
j oh  ns  Hopkins  University).  Besides,  the  unanimous  and  unquestioned 
testimony  of  the  agents  for  the  Government  and  the  company  shows 
that  the  fur-seals  spend  at  least  four  mouths  of  the  year  on  the  Pribilof 
Islands. 

Having  found,  with  the  American  Commissioners,  a  marked  diminu- 
tion in  the  number  of  seals  on  and  habitually  resorting  to  the  Pribilof 
Islands,  the  British  Comniissiouers  proceed  to  show  that  the  seals  axe 


SUMMAIiY    OF   TIIF,    EVIDENCE. 


293 


more  numerous  than  ever.  They  have,  no  (hjubt,  demonstrated  this  to 
their  entire  satisfaction  on  pages  7'J  ami  73  of  their  Keport.  Gajit. 
Warren  they  quote  as  saying  tliat  lu^  iioticed  no  diminution  in  the 
number  of  seals  during  the  twenty  years  tliat  he  liad  been  in  the  busi- 
ness, and,  if  any  change  at  all,  an  increase.  (Sec.  40.'i.)  To  the  same 
efifect,  Capt.  Leary,  who  snys  that  in  the  Bering  Sea  they  were  more 
numerous  than  he  had  ever  seen  them  (Sec.  403) ;  while  Mr.  Milne,  col- 
lector of  customs  at  Victoria,  reports,  what  others  have  said  to  him,  tliat 
owners  and  masters  do  not  entei'tain  tlie  sliglitest  idea  tiiat  the  seals 
are  scarce.  (Sec.  403.)  What  a  tribnte  this  nmst  be  to  the  management 
of  the  Pribilof  Islands  if,  notwithstanding  tlie  concedel  destruction  of 
gravid  and  nursing  females,  these  statements  should  be  true.  Capt. 
W.  Cox  took  1,000  seals  in  four  days,  100  miles  to  the  westward  of  the 
Pribilof  Islands.  (Sec.  405.)  He  ibund  the  seals  much  more  plentiful 
in  Bering'  Sea  than  he  had  ever  seen  them  before.  It  would  have 
added  much  to  the  interest  of  Capt.  Cox's  statement  if  he  had  told  us 
how  many  of  these  seals  gave  evidence  of  having  left  their  i)up8  at 
home. 

The  British  Oommissioners  multiply  the  evidence  to  show  that  the 
general  experience  as  stated  to  them  has  been  that  sejils  were  equally 
or  more  abundant  at  sea  at  the  time  of  their  examination  than  they  had 
been  in  former  years.  It  is  difficult  to  treat  this  with  the  respect  that 
a  report  emanating  from  gentlemen  of  character  and  high  official  posi- 
tion should  meet.  Either  the  statement  in  the  Joint  Report  is  true  and 
the  assumption  of  an  increase  is  untrue,  or  vice  versa.  In  view  of  the 
evidence  that  these  seals  have  no  other  home  than  the  Pribilof  Islands, 
it  is  plain,  beyond  the  necessity  of  demonstration,  that  all  the  seals  killed 
by  Capt.  Oox  and  others  in  the  Bering  Sea  icere  inhabitants  of  those 
islands,  and  the  testimony  only  goes  to  show  that  the  mothers  do  go 
out  to  sea  100  miles  or  more,  as  is  sworn  to  by  the  witnesses  for  the 
United  States,  and  that  it  is  while  they  are  on  the  feeding  grounds,  or 
searching  abroad  for  food,  that  they  are  captured  by  the  Canadian 
poachers.  If  this  is  not  so,  then  let  the  Commissioners  or  those  advo- 
cating their  views  tell  us  where  these  seals  slaughtered  by  Capt.  Cox 
and  others  found  their  "summer  habitat". 

Any  pretense  that  the  seals  are  decreasing  at  home — i. «.,  where  they 
live  through  the  summer,  and  breed,  and  nurse,  and  shed  their  hair— 
and  at  the  same  time  are  increasing  in  the  sea  is  simply  an  absurdity. 
It  would  have  added  much  to  the  value  of  the  testimony  of  all  these 


Ms 


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3f^l\ 


m 


ui. 


204 


AHGUMENT   OF   THK   UNITED   STATES. 


]■ 


iiiiistj'ia  if  tlioy  liiul  not  sedulously  avoided  stating  the  box  of  the  ani. 
mals  that  they  killed. 

There  is  one,  and  one  exi>lanation  ordy,  of  this,  and  that  explanation 
makes  the  stories  above  quoted  jdausible.  Tlie  pelagic  sealers  were 
engaged  in  hunting  nursing  mothers  on  the  feeding  grounds,  where 
those  animals  are  fouml  in  large  numbers.  The  decrease  proved,  and, 
indeed,  admitted  to  exist  (see  Joint  llcjjort),  had  not  yet  been  so  great 
as  to  be  manifest  to  those  sealers  who  were  so  fortutiate  as  to  fall  in 
with  a  number  of  females  either  intent  upon  flnding  the  food  necessary 
to  produce  a  flow  of  milk  or  sleeping  on  the  surface  of  the  water  after 
feeding. 

And  here  we  may  note  another  illustration  of  the  thesis  and  its  ad- 
vocacy. Having  satisfied  themselves  that  pelagic  sealing  rather  ope- 
rated to  increase  the  supply  of  seals,  they  remembered  tiiat  the  killing 
of  young  males  was  objectionable  and  liliely  to  result  in  extermination, 
and  thereupon  discovered  the  fact  that  "a  meeting  of  natives  was  held" 
at  which  the  aborigines  unanimously  expressed  the  opinion  that  the 
seals  had  diminished  and  would  continue  to  diminish  from  year  to  year 
(an  opinion,  too  plain,  we  think,  for  argument),  but  they  at  once  assign 
the  reason,  which  is  not  the  killing  of  many  females,  but  the  extraor- 
dinary fact  that  ^^all  the  male  seals  had  been  slaughtered  without  allow- 
ing any  to  come  to  maturity  upon  the  breeding  grounds"  (Sec.  438). 

Having  thus  proved  that  the  seals  were  in  a  flourishing  condition  of 
increase,  and  that  they  were  decreasing  in  an  alarming  degree,  the 
conclusion  is  reached  that  the  decrease  is  on  the  land  and  the  increase 
in  the  water: 


Kill 


The  general  effect  of  these  changes  in  the  habits  of  the  seals  is  to 
minimize  the  number  to  be  seen  jit  any  one  time  on  the  breeding  islands, 
while  the  average  number  to  be  found  at  sea  is,  at  lesist  proportionately, 
though  perhaps  in  face  of  a  general  decrease  in  the  number  of  seals,  not 
absolutely  increased  (Sec.  445  of  British  Commissioners'  Report). 

Would  it  be  irrelevant  to  inquire  what  was  the  "summer  habitat"  of 
the  numerous  seals  slaughtered  by  Oapt.  Warren,  Oapt.  Leary,  and 
Capt.  Cox?  Were  they  not  all  of  the  Pribilof  family?  Did  not  the 
Commissioners  who  quoted  Capt.  Cox  to  the  effect  that  he  had,  no  doubt 
in  true  sportsmanlike  fashion,  with  a  shotgun,  killed  250  seals  a  day 
for  four  days,  know  that  the  enormous  majority  of  these  were  nursing 
mothers,  whose  j)ups  were  starving  at  homef 


1 


SUMMARY    OF   THE   EVIDENCE. 


295 


t, 


IX.— Destruction  by  Pelagic  Sealing  and  Its  Extent— The 
Remedy  Proposed  by  the  British  Commissioners— The 
True  and  Only  Remedy  Consists  in  Absolute  Prouibition 
of  Pelagic  Sealing. 

It  has  been  heretofore  songlit  to  show  that  the  Commissioners  for 
Great  Britain  in  drawing  up  tlie  rei)ort  had  endeavored  to  reach  a 
conclusion  favorable  to  the  slaughter  of  seals  at  sea,  an  "industry,"  as 
they  call  it,  in  which  they  apparently  saw  little  that  was  objectionable 
and  which  they  believed  it  to  be  the  interest  and  policy  of  their  country 
to  protect.  In  the  course  of  their  examination,  however,  they  have 
necessarily  been  furnished  with  facts  palpably  incoTisistent  with  their 
theory  and  have  been  reluctantly  compelled  to  produce  proofs  of  tlio 
barbarous,  savage,  and  destructive  processes  by  which  the  Canadian 
poachers  secured  their  prey. 

(a)  The  Commissioners  allude  in  sarcastic  vein  to  the  fact  that  "there 
is  a  'remarkal)le  agreement'  found  among  those  interested  in  decrying 
I)elagic  scaling,  to  the  effect  that  the  pelagic  sealers  do  and  must  kill  a 
large  number  of  female  breeding  seals."  Why  this  "agreement,"  which 
undoubtedly  exists,  should  be  mentioned  as  "remarkable,"  we  fail  to 
perceive,  the  evidence  produced  by  the  Commissioners  themselves 
plainly  showing  that  no  discrimination  is  or  can  be  made  by  the  pelagic 
hunters  and  that  they  slaughter  indiscriminately  all  the  animals  that 
appear  within  reach  of  their  shotguns.  They  themselves  admit  that 
"a  considerable  proportion  of  gravid  females"  are  slain  (Sec.  648),  and 
their  own  witnesses  describe  the  process  of  skinning  them  on  deck,  in 
the  course  of  which  milk  and  blood  flow  freely  together,  while  in  some 
cases  fully  formed  young  are  taken  from  the  slaughtered  mothers. 
Under  such  circumstances  there  is  no  ground  for  any  criticism  nor  any 
reason  shown  why  general  acquiescence  in  such  a  proposition  should 
be  treated  with  a  sneer  upon  the  truth  of  the  statement. 

(6)  It  is  certain,  they  say,  that  females  with  milk  are  occasionally 
killed  at  sea  by  the  pelagic  sealers  (Sec.  314).  That  they  should  not 
be  able  to  give  the  exact  ])roportion  of  the  pregnant  and  nursing 
females  to  the  rest  may  be  due  to  the  fact  that  their  informants,  while 
exulting  over  the  large  slaughter  that  they  succeeded  in  accomplishing 
in  Bering  Sea,  do  not  appear  to  have  stated  how  many  of  imch  breed- 
ing females  they  had  succeeded  in  capturing  (page  73). 


i^ 


m^ 


t.    , 


i 


111 


II 


m 


296 


ARGUMENT  OF  THE   UNITED   STATES. 


(<;)  It  Is  claimod,  liowover,  that  pelajjur  soal-flHliiiiff  is  not  the  only 
cause  for  the  tlocit'iise  of  the  seals  on  the  Pribilof  Islands,  and  this  is 
supported  by  a  tpiotation  to  be  found  at  page  187  of  their  Report,  as 
to  tlie  probable  fate  of  the  fur  seal  in  America.  The  paragraphs  relating 
to  tlie  objectionable  features  of  pelagic  seal-fishing  seem  to  be  omitted 
and  indicated  by  asterisks,  but  the  paper  is  quoted  to  show  tiiiit  driv- 
ing of  the  seals  on  the  island  is  one  of  the  evils  which  maybe  remedied. 
The  coni'lusion  of  Mr.  Palmer,  the  authority  thus  cited,  is  (J)  that  no 
8caln  should  be  kilh'd  hy  any  one  at  any  time  in  the  waters  of  Bering  ISea; 
(2)  that  all  seals  driven  on  the  islands  should  be  killed;  none,  he  says, 
should  be  driven  and  again  allowed  to  enter  the  sea  (p.  LSD).  Cer- 
tainly Mr.  Palmer's  paper  is  very  interesting  and  if  his  facts  and  con- 
clusions are  adopted  pelagic  " seal-Jishing "  must  be  prohibited.  ''The 
killing  of  seals  as  conducted  on  the  islands,"  he  says,  "is  as  near  theo- 
retical perfection  as  it  is  possible  t<i  get  it.  They  are  quickly  dis- 
patched and  without  pain.  One  son  recognizes,  as  in  the  killing  of 
sheep,  that  in  the  quickness  and  neatiu  s  of  the  method  lies  its  success, 
all  things  considered"  (p.  187).  This  certainly  does  not  agree  ^  ith 
the  "sportsmanlike"  view  of  the  British  Commissioners,  but  embodies 
what  we  might  call  the  humane  and  common-sense  aspect  of  the  sub- 
ject by  showing  that,  so  far  from  the  desirability  of  giving  the  sejil  "  a 
chance  for  its  life,"  there  should  be  a  selection  made  in  each  case  and 
the  animal  should  be  painlessly  and  inunediately  slaughtered.  The 
object  shoiild  be,  not  to  provide  sport  to  adventurous  men  and  keen 
hunters,  but  to  secure  as  many  animals  as  possible  with  humanity  and 
a  due  regard  to  the  preservation  of  the  race. 

(d)  It  is  respectfully  submitted  that  as  between  the  two  systems, 
one  of  which  is  "theoretically  perfect"  and  in  the  course  of  which 
the  animals  are  selected  and  "promptly  and  neatly  killed,"  on  the 
one  hand,  and  indiscriminate  sealing  at  sea  on  tlic  other,  there  can 
be  no  room  for  hesitation.  But  the  evident  and  unquestionable  supe- 
riority of  the  methods  adopted  on  the  islands  (!onsists,  also,  in  the 
fact  that  it  is  by  its  nature  susceptible  of  indelinite  improvement. 
No  argument  is  needed  to  show  that  the  "theoretical"  perfection 
may  with  care  become  "practical"  perfection,  and  that  if  driving  be 
really  open  to  the  objections  made  by  Mr.  Palmer  it  is  not  impos- 
sible— indeed,  it  must  be  comparatively  easy — to  remedy  them  in 
the  manner  suggested  by  himself  or  otherwise.  In  the  preserva- 
tion  of  pelagic  sealing  all  concur  that  it  is  impossible  to  select 


SUMMARY   OF   THE   EVIDENCE. 


297 


tlio  soals  which  it  is  dcslniblo  to  kill  mid  that  t\\o  rircumstance.s 
and  luituro  of  the  animal  are  such  that  in  most  rases  the  female  preg- 
uant  or  givinj;  suck  must  'all  a  victim  to  the  weapons  of  the  poacher. 
Indeed  the  British  Commissioners  themselves  state  (Sec.  (»4H)  tliat  it  is 
f/encrally  admitted  that  a  considerable  portion  of  pravid  females  are 
found  among  the  seals  taken  in  the  early  part  of  each  sealing  seasou. 
Between  two  such  systems,  we  repeat,  there  can  be  no  hesitancy  as  to 
which  should  be  preferred,  the  one  based  on  humane  and  intelligent 
principles,  and  which  the  interest  of  the  parties  conc'crned  would  natu- 
rally make  as  perfect  as  possible,  the  other,  which  by  its  very  nature 
leads  to  brutality  and  undue  destrnction,  and  which  is  pr()Utable  only 
when  it  is  cruel  and  indiscriminate.  These  consi<lerationH  are  reiin- 
Ibrced  by  the  very  significant  fact  that  the  breeding  fimak-s  when  found 
(It  sea  are  always  pregnant  or  nursing,  and  frequently  both.  This  fol- 
lows from  the  undisputed  facts  (1)  that  the  period  of  gestation  is 
over  eleven  -aionths;  (2)  that  they  reach  the  islands  when  on  the  point 
of  delivery;  (3)  that  they  remain  there  until  fertilized,  and  (4)  that 
during  the  period  of  their  stay  they  nurse  the  young,  wliich  depend 
wholly  upon  their  milk  for  sustenance. 

(e)  The  British  Commissioners'  suggestion  as  a  remedy  for  the  slaugh- 
ter of  the  mothers  and  nurses,  contained  in  section  155,  subdivision  c, 
does  not  seem  to  be  one  which  can  have  been  very  seriously  eiitertained 
by  themselves.  They  suggest  a  provision  that  a  close  season  be  pro- 
vided extending  from  the  15th  of  September  to  the  1st  of  May  in  each  year, 
during  which  all  killing  of  seals  shall  be  prohibited,  with  the  additional 
provision  that  no  sealing  vessels  shall  enter  Bering  Sea  before  the  Ist  oj 
July  in  each  year.  They  state  as  a  fact  in  section  049  that  "Bering  Sea 
is  note  usually  entered  by  the  pelagic  sealers  between  the  20th  of  June 
and  the  1st  of  July  and  iji  Bering  Sea  the  same  conditions  hold"  that  are 
described  in  section  648,  namely,  that  a  considerable  portion  of  gravid 
females  are  font  d  among  the  seals  taJcen  in  the  early  part  of  each  sealing 
season.  They  also  say  that  the  pregnant  females  begin  to  "bunch  up" 
and  to  travel  fast  toward  Bering  Sea,  at  the  latest,  the  1st  of  June. 
In  other  words,  the  best  season  for  Idlling  nursing  and  pregnant  females 
in  the  Bering  Sea  is  precisely  the  season  recommended  by  the  commission- 
ers as  the  proper  one  for  allowing  the  slaughter.  Surely  the  pelagic 
sealers  could  ask  no  better  protection  for  their  "industry"  in  Bering 
Sea  than  this,  nor  could  any  better  method  of  continuing  the  abuse 
and  hastening  the  destruction  be  devised  than  opening  the  catch  to  the 
pelagic  sealers  at  their  favorite  season. 


m 

ill 


wwiiBitaro*.^  T-w  tw^jif-fiM 


2C8 


ARGUMENT   OF  THE   UNITF.D   STATES. 


\!i 


rll 


1  1 


To  undorstand  this  extraordinary  rccommoiidation  fully,  sections 
G48  and  049  of  the  British  Commissioners'  Report  should  be  read  to- 
gether. It  may  be  taken  for  granted  that  the  pelagic  sealers  need  not 
be  told  when  the  hunting  season  in  Bering  S<  a  is  at  its  best.  Ex- 
perience has  taught  them,  and  they  have  profited  by  the  instruction, 
that  their  operations  in  Bering  Sea  could  be  most  profitably  conducted 
during  the  vwntUs  of  July  and  Avgust.  Hence  it  has  been  their  usage 
to  enter  Bering  Sea  bettrccn  June  2G  and  July  1  (Sec.  649).  They  would 
probably  not  rebel  against  a  possible  and  occasional  delay  in  opening 
the  season,  by  ten  days.  The  nursing  mothers  would  be  still  espe- 
cially open  to  capture,  and  would  still  constitute  the  staple  article  of 
their  "  industry."  In  their  search  for  food  and  in  the  instinctive  confi- 
dence which  the  mothers  of  dependent  ofl'spring  almost  universally 
exhibit  the  seals  would  be  less  "wary"  than  at  other  seasons;  and 
good  shots  might  still  carry  on  their  mission  of  destruction  with  the 
superadded  comfort  that  their  business  was  made  reputable  by  law.  As 
if  to  make  even  this  small  restriction  upon  the  liberty  of  the  pelagic 
sealer  less  objectionable,  he  is  reminded  that  "after  about  the  20th  of 
May  or  at  thelatestthelstof  June,  very  fewfemales  with  youngare  taken." 
(Sec.  048.)  His  loss  would  thus  be  trifliing  so  far  as  Bering  Sea  as  a  field 
of  profitable  operation  is  concerned.  It  seems  that  in  fine  sealing 
weather  the  schooners  can  not  keep  up  with  the  females.  Hence  they 
are  not  all  slaughtered.  At  this  time,  after  May  20,  or  June  1,  the 
pregnant  females  begin  to  "bunch  up"  and  the  catch  consists  chiefly 
of  young  males  and  barren  females  (Sec.  048).  Why,  then,  even 
this  restriction?  When  are  the  breeding  females  captured?  Is  it 
really  intended  to  assert  that  the  only  injury  done  is  that  "at  a  later 
date  in  the  summer  a  fete  females  in  milJc,  and  therefore  presumably 
from  the  breeding  places  on  the  islands,  are  occasionally  killed,  but  no 
large  numbers?"  So  extraordinary  a  statement  made  in  the  face  of 
overwhelming  proofs  requires  no  discussion.  The  British  Commis- 
sioners should  have  vouchsafed  information  as  to  the  thousands  of 
nursing  mothers  killed  during  the  season  from  July  to  September  and 
should  have  told  us  whence  they  came  and  where  was  their  "  summer 
habitat."  It  is  very  likely,  as  they  assert,  that  very  few  females  with 
young  are  taken  after  June  1.  The  obvious  reason  is  that  they  have 
become  nursing  mothers  by  the  1st  of  July,  those  that  escaped  the 
shot-gun,  the  rifle,  the  spear,  and  the  gaff  having  found  temporary 
shelter  and  protection  on  the  islands. 

(/)  Although  we  have  laid  much  stress  upon  this  in  other  parts  of 


t 


! 


SUMMARY   OF   THE    EVIDENCE. 


299 


this  argument,  the  subject  is  so  imi)ortant  that  we  again  recur  to  it  and 
call  attention  once  more  to  the  admissions  and  inconsistencies  in  the  Brit- 
ish Commissioners'  Report.  The  Commissioners  in  section  612  exhibit 
much  indignation  at  the  free  use  that  has  been  made  of  the  appellation 
"poachers"  as  applied  to  the  pelagic  sealers  in  general  and  to  Cana 
dian  sealers  in  particular.  TLis,  they  say,  has  been  done  with  the  obvi 
ous  purpose  of  prejudicing  public  '^pinion.  They  then  proceed  to  claim 
that  "  adventurers"  from  the  United  States  are  mainly  responsible  foi 
the  reduction  of  seals  brought  about  in  the  southern  seas.  Tlie  killing 
of  seals,  they  say,  has  always  and  everywhere  been  carried  out  in  the 
indiscriminate,  ruthless,  and  wasteful  manner  described  in  detail  in 
several  of  the  works  cited  in  their  Eeport,  and  in  most  cases  a  greater 
part  of  the  catch  has  consisted  of  females.  (Sec.  612.)  It  is  cer- 
tainly no  part  of  the  purpose  of  counsel  for  the  United  States  to  defend 
"  adventurers  "  guilty  of  these  barbarous  practices,  whatever  the  nation 
to  which  they  belong.  It  is  rather  a  question  of  humanity  than  of 
nationality,  and  the  United  States  would  not  hesitate  to  undertake  and 
to  assure  the  repression  of  practices  which  can  not  be  described  in  over- 
harsh  terms  if  their  own  citizens  alone  were  engaged  in  the  business. 
It  is  only  to  prevent  "the  indiscriminate,  ruthless,  and  wasteful 
slaughter"  by  persons  who  claim  the  protection  of  a  foreign  flag  that 
these  methods  of  arbitration  are  resorted  to. 

But  the  waste  of  the  seals  lost,  in  addition  to  the  destruction  of  the 
fetus  or  of  the  pup,  as  the  case  may  be,  is  shown  to  some  extent  by  the 
Keport  of  the  Commissioners  lor  Great  Britain.  We  refer  especially 
to  sections  613,  614,  615,  617,  618,  619,  620,  621. 

The  discrepancy  between  the  two  classes  of  statements  given  by 
themselves  is  very  marked.  The  agents  of  the  United  States,  captains 
in  the  United  States  Navy,  the  superintendents,  and  others  testify  that 
10  to  60  per  cent  of  the  seals  are  lost.  It  would  seem,  however,  from 
the  testimony  in  defense  of  pelagic  slaughter  that  old  hunters  are 
much  more  successful  than  the  young  ones.  Green  hands,  aays  the 
captain  of  the  Eliza  Edicards,  might  lose  as  much  as  25  per  cent  of 
the  seals  shot,  but  experienced  hunters  would  bag  their  gaine  to  the 
extent  of  95  per  cent;  that  is  to  say,  they  would  lose  but  5  per  cent  of 
the  females  shot.  (Section  025.)  The  number  of  green  hands  on  board 
the  schooner  Otto,  on  which  Robert  H.  McManus,  a  journalist,  was 
a  passenger,  sailing  for  his  health,  must  have  been  very  great  in  pro- 
portion to  the  whole  crew.    It  seemed  to  him  that  they  did  not  get 


m 


3C0 


ARGUMENT   OP   THE   UNITED   STATES. 


over  one  seal  to  every  hundred  shot  at.    (Vol.  II,  p.  335,  of  the  Appen 
dix  to  the  Case  of  the  United  States.) 

We  shall  now  lay  before  this  High  Tribunal  additional  testimony  as 
to  the  nature  and  extent  and  effect  of  pelagic  sealing.  The  extracts 
and  references  about  to  be  given  may  seem  monotonously  cumulative, 
but  it  is  important  to  show,  otherwise  than  by  mere  aflQrmation,  how 
far  the  existence  of  the  herd  is  menaced  and  how  soon  extermination 
may  be  expected  unless  prompt  and  efficient  measures  of  redress  be 
adopted. 

The  evidence  of  credible  witnesses,  dealing  neither  in  generalities  nor 
in  speculation,  leaves  no  doubt  as  to  the  appalling  extent  of  the  massa- 
cre. It  is  impossible  to  assume  that  the  witnesses  produced  for  the 
United  States  deliberately  perjured  themselves  as  to  numbers,  dates, 
and  distances.  Even  if  any  reason  were  given  for  throwing  a  suspi- 
cion upon  their  character,  the  reticence  of  many  of  the  witnesses  exam- 
ined by  the  British  Commissioners  as  to  the  sex  of  the  animals  killed  is 
significant.  It  is  to  the  credit  of  these  persons  that  while  they  did  not 
hesitate  to  state  that  they  had  slain  large  numbers  of  seals  in  Ber- 
ing Sea  without  discrimination,  they  refrained  from  giving  any  precise 
data  as  to  the  sex  of  the  animals  that  they  captured. 

If,  however,  it  is  desired  to  know  how  far  this  ruthless  and  exter- 
minating process  is  carried,  the  desire  for  information  may  readily  be 
gratified. 

The  sealing  schooner  Favorite,  McLean,  master,  acox)rding  to  Osly,  a 
native  sealer  who  went  to  the  Bering  Sea  on  her  as  a  hunter,  captured 
4,700  seals,  most  all  of  which  were  cow  seals  giving  milk.  They  were 
captured  at  a  distance  of  about  100  miles  from  the  Pribilof  Islands. 

In  1888  the  same  hui.ter  was  on  board  the  Challenger,  Captain  Wil- 
liams, master.  They  were  less  successful  and  caught  only  about  2,000 
seals,  most  of  which  were  cows  in  milk. 

In  1889,  he  again  went  to  sea  on  the  schooner  James  G.  Swan,  but 
the  seals  were  not  so  abundant;  they  were  rapidly  decreasing.  (Ap- 
pendix to  the  Case  of  the  United  States,  Vol.  II,  pp.  390,  391.) 

Niels  Bonde  {ibid.,^.  315),  of  Victoria,  British  Columbia,  was  a  sea- 
man on  board  the  schooner  Kate.  He  went  to  the  Bering  Sea,  arriving 
there  in  July,  and  left  in  the  latter  part  of  August.  They  had  caught 
about  1,700  seals  in  that  time  between  the  Pribilof  Islands  and  Un- 
alaska.  These  were  caught  from  10  to  100  or  more  miles  off  St.  George 
Island.    The  seals  caught  in  Bering  Sea  were  females  that  had  given 


SUMMARY   OP   THE   EVIDENCE. 


301 


birtb  to  their  young.  He  often  noticed  milk  flowing  out  of  their 
breasts.  He  had  seen  live  pups  cut  out  of  their  mothers  and  live 
around  on  the  decks  for  a  week. 

Peter  Brown  {ibid.,  p.  377),  a  native,  part  owner  of  a  schooner  for  about 
seven  years  and  owner  of  the  "J awe*  G.  Swan  for  about  three  years; 
hunted  in  Bering  Sea  in  1888;  the  catch  was  nearly  all  cows  that  had 
given  birth  to  their  young  and  had  milk  in  their  teats.  His  people 
hunted  with  the  spear  and  therefore  did  not  lose  many  that  they  hit. 

Thomas  Brown,  No.  2  (ibid  .,  p.  40G),  made  a  sealing  voyage  to  the 
North  Pacific  and  Bering  sea  on  the  Alexander.  They  caught  250 
seals  before  entering  the  sea,  the  largest  percentage  of  which  were 
females,  most  of  them  having  young  pups  in  them.  He  saw  some  of 
the  young  pups  taken  out  of  them.  They  entered  the  sea  about  the 
1st  of  May  and  caught  between  600  and  700  seals,  from  30  to  150  miles 
oft'  the  seal  islands.  Four  out  of  five  were  females  in  milk.  He  saw  the 
milk  running  on  the  deck  when  he  skinned  them.  They  used  mostly 
shotguns,  and  got  on  the  average  3  or  5  out  of  every  12  killed  and 
wounded.    Evidently  these  were  what  has  been  termed  "  green  hands." 

Charles  Challall,  who  has  been  lieretofore  quoted,  a  sailor  in  188S  on 
the  Vande"  bilt,  in  1889  on  the  White,  and  in  1890  on  the  Hamilton,  gives 
his  experience,  which  may  be  found  at  pages  410  and  411.  They  cap- 
tured a  great  many  seals  on  the  fishing  banks  just  north  of  and  close 
by  the  Aleutian  Archipelago.  Most  of  the  seals  they  killed  going  up 
the  coast  were  females  heavy  with  pup.  He  thinks  nine  out  of  every 
ten  were  females.  At  least  7  out  of  8  seals  caught  in  the  Bering  Sea 
were  mothers  with  milk. 

Circus  Jim  (i?;u?.,p.380),  a  native  Makali  Indian,  captured  a  great  many 
cow  seals  that  were  giving  milk.  Most  of  the  seals  he  caught  in  the  sea 
were  giving  milk.  His  theory  as  to  the  decrease  of  the  animal,  which  he 
states  as  an  undoubted  fiict,  is  that  the  white  hunters  had  been  hunt- 
ing them  so  much  with  guns.  "If  so  much  shooting  at  seals  is  not 
stopped  they  will  soon  be  all  gone." 

James  Claplanhoo  {ibid.,  ]}.  381),  a  native  Makah  Indian,  evidently 
found  the  business  profitable,  for  he  was  the  owner  of  the  schooner  Lottie, 
of  28  tons  burden.  Formerly  he  used  nothing  but  spears  in  hunting 
seals,  but  he  had  since  that  resorted  occasionally  to  the  use  of  a  gun. 
He  says  that  about  one-half  of  all  the  seals  that  he  had  captured  in 
the  Sea  or  on  the  coast  were  full  grown  cows  with  pups  in  them.  Iii 
1887,  about  the  first  of  June,  he  went  into  Bering  Sea  in  his  own 


5  .^1 


302 


ARGUMENT   OP  THE   UNITED   STATES. 


Wl 


schooner,  the  Lottie,  and  hunted  about  sixty  miles  off  the  Islands,  and 
secured  about  700  seals  himself,  all  of  which  were  cows  in  milk.  These 
cows  had  milk  in  their  breasts  but  had  no  pups  in  them.  Ho  returned  to 
Bering  Sea  in  his  own  boat,  the  Lottie,  in  1889,  and  also  in  1891, 
and  sealed  all  the  way  fiom  100  to  180  miles  from  the  St.  George  and 
St.  Paul  Islands.  The  catch  of  those  two  years  was  about  the  same 
as  those  caught  in  1887,  that  is,  mostly  females  that  had  given  birth 
to  their  young  and  were  in  milk. 

Louis  Culler  {ibid.,  p.  321).  According  to  him  the  white  hunters  in  1888 
must  have  been  nearly  all  "green  hands,"  for  they  did  not  secure  more 
than  two  or  three  out  of  every  100  shot.  He  was  aboard  the  Otto  in 
1891,  on  board  of  which  were  two  newspaper  correspondents,  King- 
Hall,  representing  the  New  York  Herald,  and  Mr.  McMan  us,  of  Victoria. 
They  entered  the  sea  through  the  Uuamak  Pass  and  captured  therein 
about  40  seals,  most  all  of  which  liad  milk  in  their  breasts.  After  taking 
these  seals  they  returned  to  Victoria,  British  Columbia,  about  the  25th 
of  September. 

John  Dalton  was  a  sailor  and  made  a  sailing  voyage  to  the  North 
Paciflc  and  Bering  Sea  in  1885  on  the  schooner  Alexander,  of  which 
Cai)tain  McLean  was  master.  They  left  Victoria  in  January  and  went 
south  to  Cape  Flattery  and  Cape  Blanco,  sealing  around  there  about 
two  months,  when  they  went  north,  sealing  all  the  way  up  to  the  Bering 
Sea.  They  had  between  100  and  300  seals  before  entering  the  sea. 
Most  all  of  them  were  females  with  pups  in  them.  They  entered  the  sea 
about  June  and  caught  about  900  seals  in  there,  two-thirds  of  which 
were  mother  seals,  with  their  breasts  full  of  milk.  He  saw  the  milk 
flowing  on  the  decks  when  they  skinned  them. 

Alfred  Dardean  {ibid.,  p.  322),  a  resident  of  Victoria,  British  Columbia, 
and  during  the  two  years  preceding  the  making  of  his  deposition, 
which  was  in  April,  1892,  he  had  been  a  seaman  on  the  schooner  Mollie 
Adams.  They  left  Victoria,  British  Columbia,  on  the  27th  of  May,  1890, 
and  commenced  sealing  up  the  coast,  toward  Bering  Sea.  They  entered 
Bering  Sea  through  the  Unamak  Pass  about  July  7,  and  sealed 
around  the  eastern  part  of  Bering  Sea  until  late  in  the  fall.  They 
caught  over  900  seals  before  entering  the  sea,  and  the  whole  catch  dur- 
ing that  year  was  2,159  skins.  Of  the  seals  that  were  caught  off  the 
coast  fully  ninety  out  of  every  one  hundred  had  young  pups  in  them. 
The  boats  would  bring  the  seals  killed  on  board  the  vessel,  and  they 
would  take  the  young  pups  out  and  skin  them.    II'  the  pup  was  a  good 


SUMMARY   OF    THE   EVIDENCE. 


303 


oue  they  would  skin  and  keep  it  for  tbeinselvea.  He  had  eight  such 
skins  himself.  Four  out  of  five,  if  caught  in  May  or  June,  would  be 
alive  when  they  cut  them  out  of  the  mothers.  They  kept  one  of  them 
nearly  three  weeks  alive  on  deck  by  feeding  it  on  condensed  milk.  Oue 
of  the  men  finally  killed  it  because  it  cried  so  pitifully.  They  got  only 
three  seals  with  pups  in  them  in  the  Bering  Sea.  Most  all  of  them 
were  females  that  had  given  birth  to  their  young  on  the  island,  and  the 
milk  would  run  out  of  the  teats  on  the  deck  when  they  were  skinned. 
They  caught  female  seals  in  milk  more  than  100  miles  off  the  Pribilof 
Islands. 

The  same  witness  states  that  they  lost  a  good  many  seals,  but  he  does 
not  know  the  proportion  that  was  lost  to  the  number  killed.  Some  of 
the  hunters  would  lose  four  out  of  every  six  killed.  They  tried  to  shoot 
them  while  asleep,  but  shot  all  that  came  in  their  way.  If  they  killed 
them  too  dead  a  great  many  would  sink  before  they  could  get  them, 
and  these  were  lost.  Sometimes  they  could  get  some  of  them  that  had 
sunk  by  the  gaff  hook,  but  they  could  not  get  many  that  way.  A  good 
many  were  wounded  and  escaped  only  to  die  afterward. 

Frank  Davis  {ibid.,  p.  383),  a  native  Indian  of  the  Makah  tribe,  was 
sealing  in  the  Bering  Sea  in  1889.  He  says,  agreeing  in  this  with  all  the 
other  witnesses,  that  nearly  all  of  the  full-grown  cows  along  the  coast 
have  pups  in  them,  but  the  seals  that  he  caught  in  Bering  Sea  were 
most  all  cows  in  milk. 

Jeff  Davis  {ibid.,  p.  384),  and  also  a  native  Makah  Indian,  says  that 
most  of  the  seals  that  were  captured  there  that  season — that  is,  in 
1889 — were  cows  giving  milk. 

Capt.  Douglass  {ibid.,  p.  420):  His  testimony  is  that  a  very  large  pro- 
portion of  the  seals  killed  along  the  coast  and  at  sea,  from  Oregon  to 
the  Aleutian  Islands,  are  female  seals  with  pups;  in  his  judgment  not 
less  than  95  per  cent,  as  has  been  quoted  heretofore.  He  also  says  that 
the  proportion  of  female  seals  killed  in  Bering  Sea  is  equally  large. 

Peter  Duffy  {ibid.,  p.  41).  By  occupation  a  seaman  on  board  the  Sea 
Otter,  Captain  Williams,  master.  They  left  San  Francisco  and  fished 
ux)  the  coast  until  they  entered  Bering  Sea  in  July,  and  sealed 
about  the  sea  until  they  were  driven  oft  by  the  revenue  cutter  Cor  win. 
From  there  they  went  to  the  Copper  Islands.  The  whole  catch 
amounted  to  nine  hundred  skins,  and  most  of  them  were  killed  with 
rifles.  They  only  got  one  out  of  about  eight  that  they  shot  at,  and 
they  were  most  all  females  giving  milk  or  in  pup.    When  they  cut  the 


'4 


304 


ARGUMENT  OF  THE   UNITED   STATES. 


I 


j! 


It! 

III 


hide  off  you  coald  see  the  milk  running  from  the  breasts  of  the  seals. 
The  second  ye^r  they  were  more  fortunate  and  got  over  1,300  skins; 
some  of  them  were  cows  with  pups  in  them,  and  almost  all  of  the  rest 
were  cows  giving  milk,  and  some  of  the  latter  were  killed  as  far  from 
the  rookeries  as  Unimak  Pass. 

William  Fraser  (page  426),  of  San  Francisco,  had  made  three  trips  to 
the  North  Pacific  and  Bering  Sea  within  the  last  six  years.  His  busi- 
ness was  that  of  a  laborer;  he  acted  as  a  boat-puller.  They  used  shot- 
guns and  killed  about  300  seals  in  the  North  Pacific.  Most  of  the 
females  killed  had  unborn  pups  or  were  cows  giving  milk.  The  next 
trip  that  he  made  was  On  the  Vanderbilt  They  did  not  enter  the 
Bering  Sea  on  that  trip  either.  They  got  about  350  seals,  almost  all 
females.  Finally  he  made  a  trip  on  the  G.  G.  White,  but  does  not  know 
if  he  was  on  the  American  side  or  not.  They  killed  about  GOO  seals  on 
that  trip,  nearly  all  females.  He  u,>ticcd  when  they  skinned  them  that 
they  were  females  in  milk,  as  the  milk  would  run  liom  their  breasts  on 
to  the  deck. 

John  Fyfe  {ibid.,  p.  429),  of  San  Francisco,  a  sealer  and  boat-puller  on 
the  schooner  Alexander,  McLean,  master.  They  entered  Bering  Sea 
about  April  and  got  705  in  there,  the  largest  part  of  which  were  mother 
seals  in  milk.  When  they  '/ere  skinning  them  the  milk  would  run  on 
the  deck.  Some  were  killed  50  to  100  miles  off  the  seal  islands.  When 
they  shot  the  seals  dead  they  would  sink  and  they  could  not  get  them. 

Thomas  Gibson  {ibid.,  p.  431)  had  been  engaged  in  sealing  for  ten 
years.  He  gives  his  experience  in  detail  and  the  number  of  seals  that  he 
killed  in  each  season.    He  says: 

I  did  not  pay  much  attction  to  the  sex  of  seals  we  killed  in  the 
North  Pacjific,  bnt  know  that  a  great  many  of  them  were  cows  that  had 
pups  in  them,  and  we  killed  most  of  tlicm  whilethey  were  asleep  on  the 
water.  I  know  that  fully  7."»  ])er  cent  of  those  we  caught  in  tlie  Bering 
Sea  were  coAvs  in  milk.  We  used  rilles  and  shot  guns  and  shot  them 
when  feeding  or  asleep  on  the  water.  An  experienced  hunter,  like 
myself,  will  get  two  out  of  three  that  he  kills,  but  an  ordinary  hunter 
would  not  get  more  than  one  out  of  every  three  or  four  that  he  kills. 

Arthur  GrilHn  {ibid.,]).  325),  a  seafaring  man  who  resides  at  Victoria, 
British  Columbia,  sailed  from  that  place  on  February  11,  1889,  as  a 
boat-puller  on  tlie  scaling  schooner  Ariel,  Bucknnin,  master.  She 
carried  six  hunting  boats  and  one  stern  boat  and  had  a  white  crew 
who  used  shotguns  or  rilles  in  hunting  seals.  They  began  sealing  off 
the  northern  coasf,  of  California  ami  followed  the  sealing  herd  north- 
ward, oaptxiring  about  700  seals  in  the  North  Pacific  Ocean,  two- thirds 


SUMMARY    OF    THE    EVIDENCE 


305 


of  which  were  femaies  with  pup;  the  balance  were  young  seals,  both 
male  and  female.  They  entered  Bering  Sea  on  tlie  13th  of  July, 
through  the  Uniniak  Pass  and  captured  between  IKK)  and  1,000  seals 
therein,  most  of  which  were  females  iu  milk.  They  returned  to  Victoria 
on  the  .'{Ist  of  August,  1880. 

It  will  be  f)bserved  here  that  Arthur  Griffin's  experience  and  success 
would  not  lead  him  probably  to  object  to  the  modus  operandi  suggested 
by  the  British  Commissioners.  His  oj)erati()ns  by  which  900  or  a  1,000 
seals,  mostly  females  iu  milk,  were  secured  in  the  brief  space  of  six 
weeks,  could  be  carried  on  not  only  with  equal  pro])riety,  but  with  the 
additional  advantage  of  being  lawful. 

His  experience  in  1889  was  not  exceptional.  He  went  out  again  in 
1890  in  the  £J.  B.  Marvin,  McKiel,  master.  They  again  captured  be- 
tw^een  900  and  1,000  seals  on  the  coast,  most  of  whicrh  were  females 
with  pui)s.  They  entered  the  sea  on  July  12  through  Unimak  Pass 
and  captured  about  800  seals  in  those  waters,  about  90  per  cent  of 
which  were  iV'uiales  iu  milk.  His  experience  was  that  a  good  hunter 
will  often  lose  one-third  of  the  seals  he  kills.  A  poor  hunter  will  lose 
two-thirds  of  those  he  shoots.  On  an  average  hunters  will  lose  two 
seals  out  of  three  of  those  they  shoot. 

M.  A.  Healey  {ibid.,  p.  27).  Capt.  Healey,  an  officer  in  the  United 
States  Revenue  ^larine  service,  on  duty  for  nearly  the  whole  of  twenty- 
five  years  in  the  Avaters  of  the  North  Pacific,  Bering,  and  Arctic  seas. 
He  speaks  from  experience  and  says : 

My  own  observation  and  the  information  obtained  from  seal-hunters 
convince  me  that  fully  90  per  cent  of  the  seals  found  swiniming  in  tne 
Bering  Sea  during  the  breeding  seas<m  are  females  in  search  of  food, 
and  the  slaugiiter  results  in  the  destruction  of  her  young  by  starva- 
tion. I  firmly  believe  that  the  fur  seal  industry  at  the  Pribilof  Ishmds 
can  be  saved  from  destruction  only  by  a  total  prohibition  against  kill- 
ing seals,  not  only  in  the  waters  of  JJering  Sea,  but  also  during  their 
annual  inuuigration  northward  in  the  Pacific  Ocean. 

This  conclusion  is  based  upon  the  well-known  fact  that  the  mother 
seals  are  slaughtere<l  by  tlie  thousands  in  tlie  North  Pacific  while  on 
their  way  to  the  islands  to  give  birth  to  their  young,  and  extinction  nuist 
necessarily  come  to  any  species  of  animal  where  the  female  is  continu- 
ally hunted  and  killed  during  the  period  requiied  for  gestation  and 
rearing  of  her  young;  as  now  i>ractice(l  there  is  no  respite  to  the 
female  seal  froni  the  relentless  ))nrsnit  of  the  seal-hunters,  for  the 
schooners  close  their  seas(m  with  the  departure  of  the  seals  from  the 
northern  sea  and  then  return  home,  refit  immediately,  and  start  out 
upon  a  new  voyage  in  February  or  i\Iarch,  commencing  u])on  the  coast 
of  Calitbrnia,  Oregon,  and  Washington,  following  the  seals  northward 
as  the  season  advances  into  the  Bering  Sea. 


i\ 


14749- 


-20 


300 


ARGUMENT   OF  THE   UNITED   STATES. 


i 


^■•1 


I)  IS 


0 


m 


James  K<'an  {ibiiL,  p.  4 18),  a  resident  of  Victoria,  British  Columbia, 
and  soaiiian  and  seal  liuiiter,  gives  liis  exi)eiienoe.  lie  went  sealliuut- 
iny  in  18S1)  on  the  sclioouer  Oscar  and  Ilaftie.  He  left  Victoria  in  the 
latter  part  of  February  and  went  oft'  south  to  the  Columbia  River, 
and  commenced  sealing  oft"  there  and  followed  the  herd  along  the  coast 
up  to  Bering  Sea,  arriving  there  some  time  in  June.  They  captured 
somewhere  about  500  seals  befine  entering  the  sea.  There  were  a  good 
many  females  among  them.  The  old  feniiiies  had  young  pups  in  them. 
He  saw  them  taken  out  and  a  good  many  of  them  skinned.  They 
entered  the  sea  and  cau<]fht  about  1,000  in  there.  Sometimes  tliey  were 
over  150  miles  off"  the  seal  islands;  sometimes  they  were  nearer.  He 
paid  no  attention  to  the  proi)ortion  of  females,  but  he  knows  that  they 
skinned  a  great  many  that  were  giving  milk,  because  the  milk  would 
run  from  their  breasts  onto  the  deck  while  they  were  being  skinned. 
They  killed  mother  seals  in  milk  over  100  miles  from  the  seal  islands. 
They  generally  got  them  when  they  were  asleep  on  the  water.  He 
went  out  again  in  the  Walter  Rich  in  1890,  with  very  much  the  same 
experience.  He  thinks  that  he  got  half  of  what  he  killed  and  wounded, 
but  he  did  not  believe  that  the  green  hunters  get  more  than  one  out  of 
every  four  or  five  that  they  kill. 

For  detailed  and  circumstantial  evidence  that  the  proportion  of 
females  taken  to  males  was  enormous,  and  that  nearly  all  of  these  when 
taken  In  Bering  Sea  were  nursing  cows,  see:  William  Hermann,  page 
445;  Norman  Hodgson,  page  3CC;  O.  Holm,  page  3CG;  Allied  Irving, 
page  350;  Victor  Jacobson,  page  328. 

James  Jamieson,  {ibid.,  \'.  320) :  This  witness,  Jamieson,  had  been  sail- 
ing-master of  several  schooners  and  had  spent  six  years  of  his  life  seal- 
ing. He  testified  that  he  always  used  a  shot-gun  for  taking  seals;  that 
over  half  were  lost  of  those  killed  and  wounded.  A  large  majority  of  the 
seals  taken  on  the  coast  were  cows  with  pups.  Once  in  a  while  an  old 
bull  is  taken  in  the  North  Pacific  Ocean.  No  discrimination  was  used 
in  killing  seals,  but  everything  was  shot  that  came  near  the  boat  in  the 
shape  of  a  seal.  The  majority  of  seals  killed  in  Bering  Sea  are  females. 
He  had  killed  female  seals  himself  75  miles  from  the  islands,  and  they 
were  full  of  milk. 

To  the  same  effect  as  to  the  large  proportion  of  females  nnrsing  their 
young,  see  James  Kennedy,  {ibid.,  p.  449). 

James  Kiernau,  who  had  been  engaged  in  sealing  since  1843: 

My  experience,  [he  says,]  has  been  that  the  sex  of  the  seals  usually 
killed  by  hunters  employed  on  vessels  under  my  command,  both  in  the 


Ui , 


SUMMARY   OF   THE   EVIDENCE. 


307 


North  Pactflo  Ocean  and  Bering  Sea,  were  cows.  I  should  aay  not 
less  than  80  per  cent  of  those  eauj^ht  each  year  weru  of  that  sex.  I 
have  observed  that  those  killed  in  the  North  PaciHc  were  mostly 
females  carrying  their  younj;,  and  were  generally  caught  while  asleep 
on  the  water^  while  those  takcu  in  the  liering  8ea  were  nearly  all 
mother  seals  ni  milk,  that  had  left  their  y(»ung  and  were  in  search  of 
food.  My  experience  convinces  nie  that  a  large  percentage  of  the 
seals  now  killed  by  shooting  with  rilles  and  shotguns  are  lost.  My 
estimate  would  be  that  two  out  of  every  three  killed  are  lost. 

See  the  testimony  of  Francis  R.  King-IIall,  the  journalist. 

Edward  Nighl  Lawson,  a  resident  of  St.  Pauls,  Kadiak  Island, 
Alaska  {ibid.,  p.  221),  killed  females  in  milk  in  Uiiiniak  Pass,  and  even 
out  in  the  Pacific  Ocean  200  miles  from  land.  They  can  not  distinguish 
between  the  sex  of  fur-seals  in  the  water;  on  the  contrary,  everything 
in  sight  is  taken,  if  possible,  except  large  bulls,  whose  skins  are  use- 
less. He  recommends,  in  order  to  prevent  the  extermination  of  the 
fur-seal  species,  that  a  close  season  in  the  North  Pacific  Ocean  and  in 
Bering  Sea  should  be  established  and  enforced  from  April  1  to  No- 
vember 1  in  each  year. 

Abial  P.  Loud  {ibid.,  p.  37),  a  resident  of  Hampden,  Me.,  special  as- 
sistant treasury  agent  for  the  seal  islands  in  l^Sa,  1880, 1888,  and  1889. 

William  Mclsaacs  {ibid.,  p.  450). 

Capt.  James  E.  Lennan  {ibid.,  p.  369),  master  mariner  of  eight  years' 
experience. 

William  McLaughlin  {ibid.,  p.  451),  boat-puller  on  board  the  Triumph. 

Eobert  H.  McManus  {ibid.,  p.  335),  a  journalist,  whose  qualifications 
have  been  spoken  of  heretofore,  gives,  on  pp.  337  and  338,  extracts  from 
his  diary.    This  deposition  should  be  read  in  whole. 

Patrick  Maroney  {ibid.,  p.  404),  of  San  Francisco,  a  seaman. 

Henry  Mason  {ibid.,  p.  465),  of  Victoria,  British  Columbia. 

Moses  {ibid.,  p.  309),  a  native  Nitnat  Indian,  gives  his  experience  in 
1887 on  the  schooner  Ada.  They  sealed  around  Uualaska,  but  did  not  go 
to  the  Prlbilof  Islands.  They  caught  1,900  seals.  Most  all  of  them  were 
cows  in  milk,  but  when  they  first  entered  the  sea  they  killed  a  few  cows 
that  had  pups  in  them.  The  next  year  they  secured  only  800,  and  the 
year  following  eight  or  nine  hundred.  Thei  seals  caught  were  mostly 
cows  with  milk. 

John  O'Brien  {ibid.,  p.  470),  of  San  Francisco,  a  longshoreman,  made 
a  sealing  voyage  to  the  North  Pacific  and  Bering  Sea  on  the  Schooner 
Alexander,  which  sailed  from  Victoria  in  January,  1885.  He  was  a  boat 
puller.    They  headed  north  into  the  Bering  Sea  which  they  entered  at 


h 

mi 


'  t* 


I 


:  J 


!  ;,: 


308 


ARGUMENT   OP   THE    UNITED    STATES. 


m 
It 


i 


W 


the  latter  end  of  May.  Up  to  that  time  tlicy  had  caught  250  or  300 
seals  of  which  80  per  cent  were  females.  After  they  entered  the  Ber- 
ing Sea  they  cauglit  about  700  seals,  most  all  of  them  being  females  in 
milk.  He  also  shows  tliat  there  is  a  very  considerable  waste  of  life 
from  killing  or  wounding  and  losing  animals. 

John  Olsen,  ( t7>t(i.,  p.  471)  of  Seattle,  Wash.,  a  ship  carpenter,  entered 
the  Bering  Sea  about  the  .5th  of  June,  1891,  on  board  the  Labrador, 
Capt.  Whiteleigh,  commander.  They  were  ordered  out  of  the  sea  on  the 
9th  of  June.  In  going  up  the  coast  to  Uuimak  Pass  they  caught  about 
400  seals,  mostly  females  with  young,  and  put  their  skins  on  board  the 
Danube,  an  English  steamboat  at  Allatack  Bay,  and  after  they  got  into 
the  Bering  Sea  caught  about  220.  After  entering  the  sea  they  got  one 
female  with  a  very  large  pup,  which  he  took  out  alive  and  which  he 
kept  for  three  or  four  days  when  it  died  as  it  would  not  eat  anything. 
All  the  others  had  given  birth  to  their  young  and  their  breasts  were 
fidl  of  milk.  He  also  states  how  large  a  loss  is  made  by  failure  to 
recover  the  animals  that  are  killed. 

Osly  {ibid.,  p.  391),  a  native  3Iakah  Indian,  went  to  the  Bering  Sea  in 
1886  on  board  the  Favorite,  IVIcLean,  master.  They  captured  about  4,700 
seals,  almost  all  of  which  were  cows  giving  milk.  Four  years  before 
that  he  had  gone  to  Bering  Sea  as  a  hunter  in  the  sealing  schooner 
Challenger,  WillianiS,  master.  There  were  3  white  men  in  each  boat 
and  2  Indians  in  a  canoe.  We  caught  about  3,000  seals,  most  of  which 
were  cows  in  milk. 

William  Short  (i&iV?.,p.348),  of  Victoria,  British  Columbia,  is  by  oc- 
cujiation  a  painter.  On  January  14,  1890,  he  sailed  as  a  boat-puller 
from  Victoria  on  the  British  sealing  schooner  Maggie  Mac,  Dodd,  mas- 
ter. She  carried  six  sealing  boats  that  were  manned  by  three  white 
men  each,  who  used  breech-loading  shotguns  and  rifles.  On  the  12th 
of  July  they  entered  the  sea  through  the  Unimak  Pass.  Before  this 
they  had  captured  1,120  seals  on  the  coast.  They  lowered  their  boats 
on  the  13th  and  captured  about  2,093  seals  in  those  waters  and  then 
returned  to  Victoria  on  the  19th  of  September.  In  July,  1891,  he  sailed 
out  of  the  port  of  Victoria  as  a  hunter  on  the  British  sealing  schooner 
Otto,  O'Eeily,  master.  Falling  to  procure  the  Indian  crew  of  sealers 
that  they  had  expected,  they  returned  to  Victoria,  after  proceeding  up 
the  coast,  on  the  1st  of  August.  While  cruising  along  the  coast  their 
principal  catch  was  females  with  pups.  Fully  90  per  cent  of  all  seals 
secured  by  them  while  in  the  Bering  Sea  were  cows  with  milk;  that 
is  to  say,  out  of  2,093  all  but  about  300  were  nursing  mothers. 


SUMMARY    OF    THE    EVIDENCE. 


309 


Profitnble  as  the  biisiiu'ss  aijjioars  to  have  been  to  Mr.  Sliort,  he  is 
caudid  euough  to  say  that  in  his  opinioD — 

It  is  a  shame  to  kill  the  female  seal  before  she  has  given  birth  to  her 
yonnjj;.  PehiftitJ  sealinj;  in  tlie  North  Taciifle  Ocean  before  the  middle 
of  Jnne  is  very  desti'n(rtive  and  wasteful  and  shonld  be  stopped.  ♦  •  • 
Sealiii};  in  the  sea  shonld  be  prohibited  until  such  a  time  as  the  pup 
may  have  grown  to  the  age  at  which  it  may  be  able, to  live  without 
nurse  £rom  its  mother. 

James  Sloan  {ibid.,  p.  477),  of  San  Francisco,  by  occupation  a  sea- 
man, made  three  voyages  to  Bering  Sea,  in  1871,  in  18S4,  and  in  1889. 
A  great  nuany  of  the  females  that  they  killed  had  their  breasts  full  of 
milk,  which  would  run  out  on  the  dec^k  when  they  skinned  them.  In 
1881)  they  went  to  the  Okhotsk  Sea  and  sealed  there  about  two 
months.  They  got  about  500  seals,  of  which  more  than  one  half  were 
females,  and  thenjost  of  them  had  pups  in  them.  They  entered  Bering 
Sea  about  the  17th  of  May  and  caught  about  000  seals.  Most  of  them 
were  mother  seals. 

Mr.  Slojin  predicts  an  early  extermination  of  the  seals  unless  the 
destructive  processes  are  stopped.  As  he  s<ays,  the  hunters  kill  them 
indiscriminately  and  all  the  hunters  care  about  is  to  get  a  skin. 

See,  also,  the  testimony  of  Fred  Smith  (ibid.,  p.  349),  of  Victoria,  a 
seal  hunter. 

Of  Joshua  Stickland  {ibid.,  p.  349),  also  of  Victoria,  a  seal  hunter 
who  declares  that  out  of  111  seals  killed  by  him  in  the  last  year  he 
killed  but  three  bulls. 

John  A.  Swain  {ibid.,  p.  350),  of  Victoria,  a  seaman,  gives  his  experi- 
ence in  1891.  He  was  on  board  the  steamer  Thistle,  Nicherson  master. 
They  caught  about  100  seals.  They  were  all  females  that  had  given 
birth  to  their  young.  In  1892  they  caught  270,  most  of  them  jiregnant 
females  which  were  caught  along  the  coast. 

Theodore  T.  Williams  {ibid.,  p.  491),  an  intelligent  gentleman,  by  pro- 
fession a, journalist,  employed  as  city  editor  on  the  San  Francisco  Ex- 
aminer, makes  a  very  interesting  deposition.  In  pursuit  of  his  pro- 
fession he  had  not  only  had  occasion  to  make  extended  inquiries  into 
the  fur-sealing  industry  of  the  Aleutian  Islands  and  the  North  Pacific, 
but  had  gone  to  the  North  and  had  made  a  complete  and  exhaustive 
examination  of  the  open-sea  sealing,  its  extent,  probable  injury,  etc. 
The  perusal  of  the  whole  of  this  very  interesting  document  is  recom- 
mended. As  the  result  of  his  investigation  in  the  Bering  Sea  and 
North  Pacific  he  asserts  the  following  facts: 


Hi 


'i.y 


i 

.'I 


a  I 


310 


ARGUMENT   OP   THE   UNITED    STATES. 


iH 


First.  That  95  per  cent  of  all  the  seals  killed  in  the  Bering  Sea  are 
femal«'s. 

Second.  That  for  every  three  sleeping  seals  killed  or  wounded  in  the 
"Water  only  one  is  recovered. 

Third.  For  every  six  traveling  seals  killed  or  wounded  in  the  water 
only  one  is  recovered. 

Fourth.  That  95  i)er  cent  at  least  of  all  the  female  seals  killed  are 
either  in  pup  or  have  left  their  newly-born  pup  on  the  islands,  while 
they  have  fjone*  out  into  the  sea  in  search  of  food. 

The  result  is  the  same  in  either  case.  If  the  mother  is  killed  the  pup 
on  shcu'e  will  linger  for  a  few  days,  some  say  as  long  as  two  or  three 
weeks,  but  will  inevitably  die  belore  winter.  All  of  the  schooners  prefer 
to  hunt  around  the  banks  where  tlie  female  sciils  are  feeding,  to  attempt 
to  intercept  the  male  seal  on  their  way  to  and  from  the  hauling  grounds. 

This  overwhelming  and  practically  uncontradicted  evidence  certainly 
justifies  the  statement  of  the  British  ComraisMonersasto  the  "remark- 
able agreement"  ui)on  the  subject.  How  the  facts  could  be  disputed 
without  impeaching  witnesses  taken  from  every  class  of  society  where 
knowledge  could  be  found,  it  is  impossible  for  us  to  conjecture.  OflB- 
cers  from  the  Navy  of  the  United  States;  British  sea  captains  as  well 
as  American  seamen,  journalists,  natives,  all  concur  as  to  the  fearful 
destruction  which  is  going  on.  It  is  notpossible  to  read  the  testimony, 
even  making  far  more  allowance  for  exaggeration  than  the  nature  of  the 
case  will  justify,  without  reaching  the  conclusion  that  pelagic  sealing 
raust  be  stopped  or  all  hope  of  preserving  the  herd  abandoned.  Pallia- 
tion, compromise,  and  mitigating  processes  are  out  of  the  question. 
The  outrage  must  be  cut  at  the  root  and  its  continuance  made  impos- 
sible. Females  that  are  i)regnant  eleven  months  of  the  year,  and  nurs- 
ing mothers  three  or  four  months,  must  be  left  undisturbed,  and  if,  as 
all  agree,  it  is  iiiipossible  to  discriminate  in  pelagic  sealing  between 
the  mothers  u  id  tlie  males,  then  the  other  alternative  is  inexorably 
before  us,  and  that  is  absolute  interdiction. 

(g)  The  princii)al  fact  that  a  decrease,  alarming  and  continuous,  has 
been  noted,  is  by  the  proofs  and  admissions  made  evident.  It  required 
no  proofs,  as  it  is  conceded  by  the  Commissionery  on  both  sides  to  exist, 
and  it  is  for  the  i)nri)ose  of  remedying  the  evil  that  this  Arbitration 
has  been  entered  into.  It  is  claimed  on  the  part  of  the  United  States 
that  the  diminution  which  threatens  extermination  is  wholly  due  to 
pelagic  scaling,  a  practice  which  does  not  permit  the  hunter  to  spare  the 
gravid  or  nursing  females;  wliile  at  the  same  time,  and  cooperating 
with  this  principal  source  of  undue  destruction,  the  methods  used  by 
the  hunters  frequently  result  in  the  death  and  simultaneous  loss  of  the 
animal.    It  need  hardly  be  said,  that  prima  facie,  to  such  a  system 


8UMMAUY   OF   THE   EVIDIi    DE. 


811 


must  bo  attributable  tbe  undue  destruction  wlncU  it  is  desired  to 
prevent.  Those  who  undertake  the  det'euse  of  such  method:-,  and  of 
such  a  system  can  not  coniphiiu  if  the  burden  of  proof  is  phiced  upon 
them  of  justifying  a  course  which  has  received  the  condemnation 
of  mankind.  It  is  diflicult  U,  penjeive  any  good  reason  why  the 
ordinary  and  usual  rules  that  have  always  been  followed  as  essen- 
tial to  the  preservation  of  a  species  shoiihlbi' dispensed  with  in  the  case 
of  the  fur-seals.  It  matters  little  whether  it  is  an  absurdity  or  scien- 
tifically correct  to  designate  them  as  essentially  or  naturally  or  wholly 
pelagic.  Important  controversies  between  enlightened  nations  will  not 
turn  upon  nice  questions  of  scientific  nomenclature.  The  animal  whose 
existence  is  at  stake  is  useful  to  man,  and  it  is  therefore  the  interest  and 
policy,  as  it  will  be  to  the  honor  of  botli  nations,  to  preserve  it.  The 
time  has  long  since  gone  by  when  the  selflvshness  of  nations  may  have 
been  the  controlling  factor  in  such  debates.  But  were  it  otherwise. 
Great  Britain  will  suffer  as  seriously  as  the  United  States  from  the  ex- 
termination of  a  herd  of  seals  which  the  United  States  alone  can  pre- 
serve, which  the  United  States  alone  can  foster,  guard,  and  protect,  be- 
cause it  happens  that  the  vital  functions  of  procreation  and  delivery 
are  performed  on  its  soil.  The  United  States  may  and  will  discharge 
this  duty,  to  its  own  people  and  to  the  world,  provided  its  efforts  are 
not  bafQed  and  its  beneficent  action  neutrali;ced  by  the  indiscriminate 
slaughter  of  which  it  complains. 

That  the  Government  of  the  United  States  has  power,  both  in  law 
and  in  fact,  within  the  limits  of  its  own  jurisdiction  no  one  disputes,  but 
the  suggestion  is  made  that  the  methods  adopted  on  the  islands  which 
constitute  the  only  laud  resort  of  the  seals  are  imperfect  in  practice 
while  perfect  in  theory.  Certain  objections  are  made  to  show  that 
while  care  is  taken  to  preserve  the  female  from  destruction,  so  many 
young  males  have  been  slaughtered  that  the  necessary  vitality  is 
lacking  in  the  service  of  the  females.  Thus  it  is  claimed  that  the  two 
sources  combine  to  endanger  the  permanency  of  the  seal  familj', 
admitted  and  undue  destruction  at  sea  and  unwise  or  excessive  killing 
on  the  islands.  Conceding  for  the  sake  of  argument,  and  only  for  the 
argument,  that  this  is  true,  it  must  be  apparent  that  the  necessity  of 
preventing  pelagic  sealing  is  only  the  more  pressing,  in  the  interest  of 
the  industry  which  it  is  desired  to  conserve.  The  methods  of  the 
United  States  may  be  faulty,  but  it  should  not  be  forgotten  that  the 
Government  is  especially  interested    in    maintaining    an    industry 


I  ■  ^ 


i  ■    .     X. 


\ 


312 


ARGUMENT   OF   THE   UNITED    STATES. 


i 


w 


fa 


which  beloDgs  to  itself.  The  ftiiilts  impntcd  are,  after  all  is  said, 
faults  of  detail  and  execution,  which  do  not  in  any  manner  atfect  the 
principle  adopted.  They  are  susceptible  of  remedy,  and  it  is  idle  and 
absurd  to  suppose  that  a  valuable  commerce,  susceptible  of  expansion 
by  judicious  methods,  will  be  wantonly  suffered  to  go  to  I'uin.  Self- 
interest,  if  no  higher  motive,  maybe  trusted  to  improve  the  means  now 
in  use,  in  so  far  as  they  may  require  improvement;  experience  will 
constantly  throw  its  light  upon  the  best  means  of  performing  the  duty, 
while  the  apprehension  of  loss  will  stimulate  the  eftbrts  of  those  most 
nearly  concerned  in  the  financial  success  of  the  business  now  carried 
on  at  the  Islands. 

But  it  is  not,  in  fact,  admitted  that  any  such  objections  exist.  The 
number  of  males  killed  did  turn  out  to  be  excessive  and  was  therefore 
reduced.  This,  however,  only  became  manifest  after  the  ruthless  de- 
struction at  sea  had  begun  to  be  felt  on  the  Is^lands.  That  destruction 
is  only  limited  by  the  capacity  of  the  destroyers.  They  profess  no 
scruples  and  they  show  no  mercy.  Their  "legitimate  business"  requires 
courage  and  skill,  it  is  said,  but  it  is  incompatible  with  the  ordinary 
feelings  of  humanity.  Present  gain  is  the  only  object  in  view.  The 
poachers'  horizon  is  limited  by  the  season's  catch.  Is  it  not  an  insult 
to  common  sense  to  deny  that  the  pursuit  of  pregnant  females  and  the 
slaughter  of  nursing  mothers  on  their  feeding  grounds  are  wholly,  abso- 
lutely, brutally  inconsistent  with  any  system  that  requires  moderation, 
self  denial  and  humanity  ?  Leaving  out  all  other  questions  as  irrelevant, 
is  it  not  enough  for  the  United  States  to  say,  "We  can  preserve 
for  the  benefit  of  the  world  the  animal  which  your  poachers  are  destroy- 
ing; you  can  only  doit  by  a  i)rohibitioA  of  methods  which  you  wouJ  1 
not  for  an  instant  tolerate  in  analogous  cases  within  your  jurisdiction. 
Of  what  avail  are  small  criticisms  upon  our  system  of  protection  when 
we  are  so  largely  concerned  in  carrying  them  to  the  point  of  the.  high- 
est perfection?" 

When  suggestions  are  asked  as  to  any  other  tray  of  repressing  or 
circumscribing  this  de^jcructive  slaughter,  the  British  Commissioners 
propose  as  a  remedy  that  Bering  Soa  be  closed  when  sealing  is  un- 
profitable, and  opened  during  the  season  when  the  horrors  and  the 
profits  of  the  business  both  reach  their  climax.  The  language  of  the 
Counter  Case  of  the  United  States,  commenting  upon  this  extraordi- 
nary suggestion,  is  couched  in  singularly  moderate  terms: 


SUMMARY    OF    THE    EVIDENCE. 


313 


The  rocommondatioii  by  tlicCommissiom-rs  of  a  sovios  of  rofjnlations 
such  as  tlio.se  aiiove  con  .side  red,  is  clearly  indicative  of  the  bias  and 
paiti.-^aii  spirit  which  appear  in  nearly  every  section  of  their  Kejwrt 

(p.  128). 

This  subject  is  treated  at  length  in  the  Counter  Case  (p.  125)  and 
also  in  another  part  of  this  argument  {ante.  pp.  190-214) ;  it  need  not 
be  dwelt  upon  here. 

In  conclusion  it  is  submitted,  as  the  facts  show  that  pelagic  sealing 
by  its  very  nature  leads  to  and  necessarily  depends  for  success  upon 
indiscriminate  slaughter,  that  the  females  killed  are,  with  rare  ex- 
ceptions, either  gravid  or  nursing  mothers  and  form  a  large  propor- 
tion of  the  pelagic  catch;  that  the  slaughter  of  a  breeding  female  of 
necessity  involves  the  destruction  of  the  nursing  pup  at  home  as  well 
as  of  the  unborn  fetus,  thus  destroying  three  animals  at  one  blow; 
that  the  only  i^ractical  and  intelligent  method  of  preserving  the  race 
is  to  stop  pelagic  sealing,  leaving  the  United  States  to  continue  and 
to  improve,  if  possible,  those  measures  best  calculated  to  secure  an 
end  which  it  is  to  the  interest  of  both  i>arties  to  reach.  In  other 
words,  the  experience  of  men  has  taught  that  the  preservation  of  the 
breeding  female  was  and  is  the  only  means  of  preserving  and  per- 
petuating the  race.  Until  it  has  been  shown  that  the  animal  does 
not  share  the  conditions  of  other  animals  born  and  suckled  on  land, 
the  ifsual  means  of  preserving  them  must  be  adopted. 

Unless  thciiC  propositions  are  conceded,  the  hope  of  preserving  the 
fui-seals  of  the  PribUof  Lslands  must  be  abandoned.  Present  greed  is 
r.<n.  controlled  by  possibilities  of  remote  loss.  The  South  Sea  seals  and 
their  fate  have  taught  the  world  a  lesson  which  the  United  States  are 
seeking  to  imprcive  in  the  common  interest  of  mankind.  They  will 
succeed  if  this  High  Tribunal  by  its  decision  shall  prevent  practices 
repugnant  to  the  growing  humanity  of  the  age. 


i'   § 


The  foregoing  statement  of  focts  has  been  prepared  in  part  with  the 
aid  of  }i  colhited  edition  of  the  testimony  presented  with  the  Case  of 
the  United  States,  and  which  is  lierewith  submitted  to  the  Tribunal  of 
Arbitration  as  an  Apjiendix  to  the  printed  argument  of  counsel. 

F.  It.  COUDEET. 


3U 


ARGUMENT  OF  TUE  UNITED  STATES. 


SEVENTH. 


POINTS  IN  REPLY  TO  THE  BRITISH  COUNTER  CASE. 


Since  the  preparation  of  the  Argument  on  the  part  of  the  United 
States,  on  the  facts  as  so  far  appearing,  the  British  Counter  Case  has 
been  delivered.  It  contains  a  large  quantity  of  matter  <'oncerning  the 
nature  and  habits  of  the  fiir-seals,  the  methods  ii'ic  r  ^-actcristics  of 
pelagic  sealing,  and  the  methods  of  dealing  with  tir  s<:ai  a.t  the  breed- 
ing places,  which  matter,  so  far  as  it  is  relevant  at  all,  is  relevant  to 
the  question  of  the  alleged  property  interest  and  rights  of  defense  of 
the  United  &  tates,  and  to  the  regulations  which  may  be  necessary  in 
order  to  prevent  the  extermination  of  the  animal. 

This  matter  is  accompanied  with  a  protest  (page  3),  that,  so  far  as 
matter  relevant  only  to  the  question  of  regii'ations  is  concerned,  its 
introduction  before  the  Arbitrators  is  at  present  improper,  and  that  it 
has  been  incorporated  into  the  Counter-Case  without  prejudice  to  the 
contention  on  the  part  of  Great  Britain;  that  the  Arbitrators  cau  not 
consider  the  question  of  regidations  until  they  have  adjudicated  apou 
the  five  questions  enumerated*  in  Article  vi  of  the  treaty. 

The  counsel  tor  the  United  States  conceive  that  there  is  i  »  i.'r».«rj:d 
upon  which  such  an  interpretation  of  the  treaty  can  be  supi^oi  ed. 
That  interpretation  assumes  that  there  are  to  be  two  separate,  uud 
distinct  hearings  and  two  separate  and  distinct  submissions  of  proofs. 
There  is  absolutely  nothing  in  the  treaty  to  warrant  such  a  view,  and 
the  distinct  pi'ovision  respecting  the  Cases  and  Counter  Cases,  their 
contents,  the  times  when  they  are  to  be  submitted,  the  preparation  of  the 
argunu'Tits,  the  times  when  tley  are  to  be  submitted,  when  t  "hearing 
is  to  begin,  and  when  the  matter  is  linally  to  be  decided,  ;  T  \'<>hit  to 
the  conclusion  that  there  is  to  be  but  one  heaving,  one  subim-suin  of 
evidence,  one  argument,  and  one  determination. 

It  is  indeed  contemplated  by  the  ixaty  that  m  a  certain  contingency 
it  mnj  not  be  necessary  for  th«  Tribunal  t/^  "..isider  the  question  of 
concurrent  regulations.  This,  hovvevev,  simply  involves  a  condition 
exceedingly  common  in  judicial  controversies,  that  several  questions 


POINTS   IN    REPLY    TO   THE    BRITISH    COUNTER   CASE.         315 


may  be  made  the  subject  of  trial  at  the  same  time,  and  yet  the  nature 
of  the  decision  be  such  as  to  dispense  with  the  necessity  of  determin- 
ing all  of  them. 

Assuming  that  the  interpretation  of  the  treaty  insisted  upon  by  the 
counsel  of  the  United  States  is  the  correct  one,  the  procedure  adoirted 
<).,  the  part  of  the  British  Government  is  wholly  irregular  and  unau- 
thorized, and  the  matter  thus  irregularly  sought  to  be  introduced  before 
the  Tribunal  should  be  excluded  from  its  view.  Otherwise  the  Gov- 
ernment of  the  United  Staces  would  be  placed  under  a  disadvantage  to 
wliich  it  should  certainly  not  be  subjected. 

In  the  first  place,  all  the  testimony  and  proofs,  which  bear  alone  upon 
the  question  of  regulations,  would  come  before  the  Tribunal  without  any 
opportunity  on  the  part  of  the  United  States  for  making  an  answer  to 
it.  No  such  possibility  is  coitemplated  by  the  treaty,  nor  sliould  it  be 
allowed.  No  proceeding  is  entitled  to  the  name  of  a  judicial  one  which 
allows  one  party  to  introduce  proofs  without  giving  to  the  other  anop- 
I)ortunity  to  meet  and  contradict  tliem. 

There  is  another  disadvantage  scarcely  less  onerous:  The  govern- 
ment of  Great  Britain  in  thus  waiting  until  the  proofs  of  the  United 
States  had  been  oflered  secured  to  itself  the  very  great  and  unjust  ad- 
vantage of  obtaining  a  knowledge  of  its  adversary's  Case  before  com- 
mitting itself  to  its  own  view.  It  was  thus  enabled  to  withhold  evi- 
dence which  it  would  otherwise  have  introduced,  and  to  give  evidence 
which  it  would  otherwise  have  withheld .  Such  advantages  at  once  de. 
stroy  that  equality  between  contesting  parties  which  is  a  prime  requi- 
site of  every  judicial  proceeding. 

But  matter  bearing  upon  the  question  of  property  was,  even  in  the 
view  of  tlie  Government  of  Great  Britain,  relevsint  in  the  original  Case, 
and  any  evidence  or  proofs  which  the  Government  of  Great  Britain  de- 
sired to  submit  upon  that  point  ought  to  have  been  embraced  in  their 
original  Case.  Manifestly,  everything  relating  to  the  nature  and  habits 
of  the  seals  is  of  this  character.  It  is  upon  these  that  the  question  of 
]>roperty  depends.  All  matter  of  this  description,  except  such  as  plainly 
tends  to  impeach  and  was  designed  to  impeach  the  evidence  offered  by 
the  United  States,  should  have  been  exhibited  in  the  original  Case,  and 
should  not  be  allowed  to  be  introduced  under  cover  of  the  Counter  Case. 
Surely  it  can  not  be  the  privilige  of  Iler  Majesty's  Government  to  so 
introduce  its  proofs  as  to  deprive  the  United  States  of  all  opportunity 
either  to  answer  or  impeach  them. 


t 


i' 


I 


316 


ARGUMENT   OF   THE    UNITED    STATES. 


And  the  same  circmnstance  which  deprives  the  United  States  of  its 
just  right  of  answering  by  counteracting  proofs  the  new  matter  con- 
tained in  this  Counter  Case  also  deprives  them  of  tlie  ability  to  fully 
treat  of  such  matter  in  argument.  Entirely  occupied  as  they  are,  and 
must  necessarily  be,  in  tlie  final  work  of  translating  and  carrying 
through  the  press  the  argument  already  prei)ared  by  them  upon  the 
original  Cases,  they  have  no  time  at  their  disposal  in  the  short  period 
between  the  de'.very  of  the  Counter  Case  and  the  time  appointed  for 
the  submissi  ju  of  the  arguments  within  which  to  carefully  review  and 
comment  upon  this  new  matter. 

*iven  the  evidence  in  respect  of  the  claim  for  damages  made  by  Great 
ji  I  itain  is  chiefly  comprehended  in  the  Counter  Case,  so  that  the  United 
States  Government  has  no  opportunity  to  introduce  counter  proof,  nor 
even  to  analyze  in  written  argument  the  evidence  so  submitted. 

The  United  States  Government  therefore  protests  against  the  con- 
sideration by  the  Arbitrators  of  any  evidence  or  proofs  which  in  their 
judgment  should,  under  the  true  interpretation  of  the  treaty,  have 
b^en  embraced  in  the  original  Case  of  Her  Majesty's  Governme  it. 

The  only  qualification  of  the  unusual  advantage  which  Her  Majesty's 
Government  would  gain  from  the  permission  to  lay  before  the  Arbitra- 
tors allegations  and  proofs  which  the  United  States  have  had  no  op- 
portunity to  answer,  comes  from  the  circumstance  that  most  of  the 
new  matter  referred  to  is  of  so  little  materiality  or  of  such  small  pro- 
bative force,  that  the  privilege  of  answering  is  of  less  importance  than 
it  would  otherwise  be.  There  is  a  failure  everywhere  in  this  last  doc- 
ument, as  there  was  in  the  principal  Case  of  Great  Britain  (including 
as  part  of  it  the  separate  report  of  the  British  Commissioners),  either 
squarely  to  assert  any  proposition  vital  to  the  merits  of  the  contro- 
versy, or  to  attempt  directly  to  maintain  it  by  evidence  or  argument. 

There  are,  aside  from  the  matters  relating  to  sovereignty  and  juris- 
diction, several  material  questions  in  this  controversy,  substantially 
stated  in  the  Case  of  the  United  States. 

First.  Do  the  Alaskan  fur-seals,  under  the  necessary  physical  con- 
ditions of  their  life,  habitually  so  return  to  the  Pribilof  Islands  and  so 
submit  themselves  there  to  the  control  of  the  proprietors  of  those 
places  as  to  enable  the  latter  to  make  them  the  subjects  of  an  impor- 
tant economical  husbandry  in  substantially  the  same  way  and  with 
the  same  benefits  as  in  the  case  of  domestic  animalsf 

Second.  Has  the  Government  of  the  United  States,  the  occupant 


POINTS   IN   REPLY   TO  THE    BRITISH   COUNTER   CASE. 


317 


:e8  of  its 
tter  con- 
to  fully 
are,  and 
jarrying 
ipon  the 
t  period 
nted  for 
iew  and 

jy  Great 
?  United 
[•oof,  nor 
i. 

the  con- 
in  their 
y,  have 
e  it. 

[ajesty's 
Arbitra- 

no  op- 
b  of  the 
all  pro- 
11  ce  than 
ist  doc- 
icluding 
),  either 

contro- 
nient. 
d  juris- 
antially 

cal  con- 
i  and  80 
)f  those 
I  iinpor- 
id  with 

ccnpant 


1 

1*T 


and  proprietor  of  those  islands,  availed  itself  of  this  opportunity,  and 
by  wit,  industry  and  self  denial  made  these  animals  the  subjects  of 
such  husbandry,  and  thereby  furnished  to  commerce  and  the  world 
the  benefits  of  the  product,  at  the  same  time  preserving  the  stockt 

Third.  Do  not  these  facts,  under  the  circumstances  proved,  give  to 
the  United  States  Government,  upon  the  just  principles  applicable  to 
the  case,  and  in  accordance  with  the  general  usage  of  nations  in  simi- 
lar instances,  such  a  right  of  property  in  the  seal  herd  and  the  hus- 
bandry thus  based  upon  it  as  entitles  that  Government  to  protect  it 
from  destruction,  at  the  times  and  in  the  manner  complained  of? 

Fourth.  Even  if  it  were  possible  to  coi.ceive  that  this  right  of  prop- 
erty, unquestioned  so  long  as  the  seal  herd  remains  within  the  terri- 
torial waters  of  the  United  States,  is  suspended  as  to  each  and  any 
individual  seal  as  soon  and  so  long  as  it  can  be  found  outside  the  terri- 
torial line,  however  temporarily,  and  with  whatever  intention  of  re- 
turning, are  individuals  of  another  nation  then  entitled  to  destroy  such 
animals  for  the  sake  of  private  gain,  if  it  is  made  clearly  to  appear 
that  such  destruction  is  fatal  or  even  largely  injurious  to  the  important 
material  interest  of  the  United  States  Government  so  established  and 
maintained  upon  its  territory,  for  the  benefit  of  itself,  its  people,  and 
mankind?  More  especially  if  the  manner  of  such  destruction  is  in  it- 
self so  barbarous  and  inhuman  that  it  is  prohibited  in  all  places  where 
civilized  municipal  law  prevails?  Is  such  conduct  a  part  of  the  just 
freedom  of  the  sea? 

Fifth.  Is  any  practicable  husbandry  possible  in  pelagic  sealing,  or  is 
not  that  pursuit  essentially  and  necessarily  destructive  to  that  interest, 
and  certain,  if  engaged  in  to  any  considerable  extent,  to  result  in  the 
loss,  commercially  speaking,  of  the  animal  to  the  world? 

Who  wiU  say  tliat  Her  Majesty's  Government,  in  its  principal  Oase, 
or  in  its  Counter  Case,  takes  a  square  attitude  upon  either  of  these  ques- 
tions? Who  wiB  eay  that  it  squaroly  negatives  either  of  the  two  first 
or  affirms  the  last  of  these  questions,  as  matters  of  fact,  or  meets  with 
any  satisfactory  answer,  either  upon  principle  or  authority,  the  prop- 
ositions of  the  other  two? 

What,  then,  is  the  character  of  this  Counter  Case,  so  far  as  respects 
the  matter  referred  to?  It  seems  to  consist  in  great  part  of  desultory 
observations,  suggestions,  and  conjectures,  probable  or  improbable, 
upon  immaterial  points;  or,  where  the  points  aro  material,  the  matter 
is  vague  and  indefinite,  and  the  proofs  slight,  often  inconsistent,  and 


m 


;■■  r 


318 


ARGUMENT  OP  THE  UNITED  STATES. 


i 


u 


everywhere  nnaatisfactory.  Observations  made  in  one  place  are  qtial- 
ified  in  another,  contradicted  in  another,  and  perhaps  reasserted  in 
another.  To  follow  such  a  line  of  discussion  with  minute  criticism 
would  be  an  endless  task,  and  when  it  was  concluded  it  would  be  found 
to  be  nearly  useless.  The  best  i^ethod  of  dealing  with  such  a  sort  of 
contention  will  be  to  briefly  state  tne  j. .  ^ucs  to  which  it  seems  to  be 
directed,  and  to  offer  such  observations  upon  these  and  the  matters 
relating  to  them  as  seem  most  pertinent. 

First.  Considerable  importance  seems  to  be  assigned  to  the  point 
whether  seals  are  more  aquatic  than  terrestrial  in  their  r '  ture,  and 
surprise  is  expressed  that  they  should  be  viewed,  in  the  case  of  the 
United  States,  as  being  very  largely  land  animals. 

But  whether  they  are  principally  aquatic  or  terrestrial  is  of  little  im- 
portance. It  is  certain  that  tho>'  Tre  amph'bious,  and  that  they  live 
sometimes  upon  the  land  and  sometimes  in  the  sea.  The  only  im- 
portant question  is  whether  they  have  those  qualities,  which,  under 
the  principles  upon  which  the  law  of  property  rests,  make  them  prop- 
erty, or  render  it  expedient  that  an  industry  established  by  the  United 
States  iu  respect  to  them  should  be  protected  by  a  prohibition  of 
slaughter  upon  the  high  seas. 

Second.  Much  stress  is  also  laid  upon  the  question  whether  coition 
may  be  had  in  the  water.  Of  what  consequence  is  this t  We  know  it 
is  a  fact  that  it  is  had  principally,  if  not  exclusively,  on  the  land,  to  an 
extent  which  in  its  circumstances  forms  the  most  prominent  distinctive 
and  controlling  feature  in  the  habits  and  movements  of  the  fur-seal. 
The  births  certainly  take  place  upon  the  land,  and  it  is  there  that  the 
young  are  nourished  and  brought  up. 

Third.  A  good  deal  in  the  way  of  conjecture  is  stated  and  sought  to 
be  supported,  to  the  eflect  that  the  seals  may  have  had,  in  times  of 
which  we  know  nothing,  other  breeding  places,  of  which  we  know 
nothing;  and  may  again  be  driven  to  other  haunts.  It  is  not  perceived 
that  these  conjectures  are  in  any  manner  relevant.  They  are  purely 
conjectures,  and  were  they  determined  one  way  or  another,  it  would 
not  matter.  What  we  are  dealing  with  is  an  animal  which  has  had  uni- 
form habits  ever  since  anything  has  been  known  about  it;  and  the  only 
reasonable  conjecture  which  we  can  make  is,  if  it  were  of  importance 
to  make  any,  that  it  will  continue  to  have,  in  the  future,  the  same 
habits,  as  under  the  same  circumstances  it  has  had  in  the  past. 

Foui'th.  In  the  report  of  the  British  Oommissioners,  subnutted  with 


POINTS   IN   REPLY   7.'0   THE   BRITISH   COUNTER   CASE. 


319 


I 


the  original  Case,  it  was  in  substance  admitted  that  the  Alaskan  herd 
was  entirely  separate  and  distinct  from  the  herd  on  the  oijposite  side 
of  the  Paciflc  Ocean.  A  good  deal  of  matter  is  set  forth  in  the  Counter 
Case  tending  to  support  the  opposite  notion,  that  the  members  of  these 
different  herds  conuningle. 

It  is  enough  to  say  in  answer  to  all  this,  that  the  utmost  which  is 
asserted  iamere  conjecture,  and  as  such  should  be  dismissed  as  wholly 
unworthy  of  consideration.  Surely  this  Tribunal  will  And  other  grounds 
than  conjecture  upon  which  to  base  its  decision.  And  besides,  the  ab- 
sence of  any  commingling  between  the  herds  worthy  of  consideration 
is  fully  proved  by  the  evidence. 

It  is  suggested  in  the  Counter  Case  that  the  distinctive  features 
which  the  Alaskan  herd  exhibits  are  probably  those  only  which  are 
due  to  a  long  residence  under  i)eculiar  geographical  conditions.  Let 
this  be  conceded.  How  otherwise  could  they  be  denied?  Upon  the 
speculative  question  whether  these  different  herds  of  seal  are  of  'j  li- 
ferent species  or  not,  or  whether  they  were  once  derived  from  a  com- 
mon  stock,  we  are  at  liberty  to  amuse  ourselves  with  such  conjectures 
as  may  please  us.  It  is  of  no  importance  how  the  Alaskan  herd  ac- 
quires its  distinctive  physical  peculiarities,  if  they  have  actually  been 
acquired  so  that  they  can  be  distinguished  from  others,  and  of  this  the 
testimony  of  the  furriers,  to  go  no  further,  is  conclusive. 

But  what  if  it  were  proved  even  that  the  herds  did  commingle?  It  is 
not  perceived  that  this  would  be  of  any  material  consequence.  Would 
it  be  for  this  reason  any  the  less  a  crime  against  the  law  of  nature  to 
destroy  them?  Would  it  be  any  the  less  important  that  the  seals 
should  be  regarded  generally  as  property  or  any  the  les!  important 
that  such  regulations  should  be  adopted  as  would  prevent  their  exter- 
mination? 

Fifth.  It  is  again  insisted,  as  it  was  in  the  report  of  the  British  Com- 
missioners, that  it  is  not  proved  that  the  females  go  long  distances 
from  the  breeding  places  into  the  sea  to  seek  for  food  while  they  are 
nourishing  their  young.  But  in  the  face  of  the  evidence  that  the 
females  actually  do  go  into  the  water  universally,  that  they  are 
destroyed  there  in  large  numbers,  and  that  they  have  in  numerous 
instances  been  found  and  killed  by  pelagic  sealers  at  long  distances 
from  the  shore  with  their  breasts  filled  with  milk,  how  can  it  be  sug- 
gested, with  any  expectation  of  belief,  that  the  fact  is  not  proved? 
For  what  purpose  do  the  females  resort  to  the  water?    What  is  the 


I  ■  m'H 


n' 


*:;■'* 


320 


ARGUMENT   OP   THE    UNtTED   STATES. 


object  of  their  distant  excursions  into  Bering  sea,  wliere  they  have 
been  known  to  be?  Is  it  not  reasonable  to  suppose  that  nursing 
mothers  require  nourishment?  And  how  else  are  the  young  sup- 
ported? 

But  here,  again,  suppose  it  were  true  that  these  excursions  were  not 
made  for  the  purpose  of  food.  They  are  yet  made,  and  the  danger  of 
their  being  slaughtered  by  pelagic  sealers  is  as  great  as  if  the  object 
of  their  excursions  were  food. 

Sixth.  Much  space  is  devoted  in  this  Counter  Case  to  the  subject  of 
the  frequent  finding  of  numerous  dead  pups;  and  here  also  conjecture 
is  abundantly  resorted  to.  It  is  suggested  that  they  may  have  been 
killed  by  disease,  or  by  the  rush  of  other  seals  over  them,  or  by  the 
waves  of  the  sea,  or  by  their  mothers  having  been  killed  by  being 
driven  to  the  hauling  grounds  and  thus  injured  and  prevented  from 
finding  their  way  back  to  their  young.  But  to  what  purpose  is  it  to 
suggest  that  a  great  variety  of  things  may  have  happened,  of  no  one 
of  which  any  proof  is  given?  Doubtless  it  is  true  that  some  of  the 
young  die  from  a  variety  of  causes  of  which  we  know  nothing,  as  is  the 
case  with  all  animals.  The  question  is,  whether  the  slaughter  of  their 
mothers  by  pelagic  sealing  is  not  a  cause,  and  the  principal  cause  of 
this  mortality.  When  we  know  that  the  mothers  do  habitually  resort 
to  the  sea,  where  they  are  killed  in  great  numbers,  when  we  know  that 
they  have  often  been  killed  at  long  distances  from  the  shore  with  their 
breasts  distended  with  milk,  when  we  know  that  suckling  is  the  natu- 
ral and  only  mode  of  nourishment  to  the  young,  and  when  we  know 
that  a  number  of  the  pups  dead  upon  the  islands  are  extremely  emaci- 
ated, and  exhibit  all  the  appearances  of  having  died  in  consequence  of 
the  loss  of  nourishment,  the  conclusion  seems  plain  enough  that  their 
mothers  have  been  killed  at  sea  and  they  starved  in  consequence  and 
no  amount  of  conjecture  can  displace  it. 

Seventh.  It  is  said  by  way  of  argument  agalnr;t  the  allegation  of  a 
property  interest  that  the  seals,  although  they  return  to  the  same  gen- 
eral breeding  place,  do  not  always  return  to  the  same  island  or  to  the 
same  place  upon  the  same  island.  This  may  or  may  not  be  true;  but  of 
what  importance  is  it,  when  it  appears  that  all  the  islands  ever  have 
been,  now  are,  and  are  likely  to  continue  to  be  the  pi'operty  of  one  pro- 
prieter,  the  United  States  Government?  And  if  it  were  otherwise,  if 
there  were  many  different  proprietors  of  the  different  islands  and  of  dif- 
ferent places  on  the  same  islands,  of  what  consequence  would  it  be 


POINTS    IN    REPLY    TO   THE    BRITISH    COUNTER   CASE. 


321 


upon  the  general  questions  of  property  interest  or  what  regulations 
were  necessary  in  order  to  preserve  the  herd! 

All  the  points  above  enumerated,  made  by  the  British  Counter  Case, 
are,  it  is  conceived,  essentially  immaterial.  They  might  be  decided  the 
one  way  or  the  other  without  touching  the  merits  of  the  real  question 
of  the  controversy.  In  saying  this,  however,  we  by  no  means  intend  to 
intimate  that  anything  is  contained  in  this  Counter  Case,  by  way  of 
evidence,  which  in  any  way  modifies  or  weakens  the  proofs  which  the 
United  States  have  in  their  principal  Case  adduced  to  support  the  posi- 
tions taken  by  them. 

There  are,  however,  some  points  which  the  Counter  Case  deals  with 
which  are  of  greater  importance;  but  in  respect  to  these,  although  the 
points  themselves  are  material,  the  new  evidence  which  is  brought  for- 
ward or  the  new  views  which  are  suggested  are  not  perceived  to  be 
material.    Some  brief  observations  should  be  bestowed  upon  them. 

First.  Pelagic  sealing  is  again  defended,  but  how  is  it  defended?  I» 
it  denied  that  it  is  in  its  nature  destructive  as  involving  the  killing  of 
females  to  a  much  greater  extent  than  males f  Is  it  denied  that  the 
the  greater  part  of  these  females  are  either  pregnant  or  nursing,  and 
sometimes  both  f  Is  it  denied  that  a  great  many  victims  are  killed  and 
wounded  which  are  never  recovered?  Is  it  denied  that  many  young 
perish  on  account  of  the  death  of  the  mothers?  There  is  no  denial  upon 
either  of  these  points.  What  then  is  asserted  or  suggested  in  the 
Counter-Case?  Simply  that  the  statements  upon  this  subject  are  exag- 
gerated. 

It  would  enable  counsel  for  the  United  States  to  better  answer  any 
position  taken  on  the  part  of  the  Government  of  Great  Britain  upon 
these  points  if  the  counsel  for  the  latter  would  commit  themselves  to 
some  detiuite  proposition  or  assertion,  but  this  is  carefully  avoided  by 
them.  They  say,  indeed,  that  the  statements  upon  this  head  are  ex- 
aggerated; but  whose  statements  are  exaggerated?  And  how  much  are 
they  exaggerated?  The  evidence  given  in  the  Case  of  the  United 
States  in  great  abundance  shows  that  from  75  to  90  per  cent  of  the 
entire  pelagic  catch  is  composed  of  females.  If  it  be  this  which  it  is 
insisted  on  the  part  of  Great  Britain  is  an  exaggerated  statement,  then 
how  much  is  it  exaggerated?  Is  it  exaggerated  5,  or  10,  or  20,  or  40, 
or  50  per  cent?  "What,  according  to  the  best  information  obtainable 
by  the  counsel  for  Great  Britain,  is  the  most  reasonable  statement  of 
the  proportion  of  females  in  the  pelagic  catch?  They  give  us  no  infor- 
14749 21 


m 

■  m 


^  1 


322 


I 


ARGUMENT   OP   THE    UNITED    STATES. 


mation  upon  tliese  points.  They  ofler  no  estimate;  uid  if  we  recur  to 
the  proofs  contained  in  the  dejiositions  wliich  are  given,  we  are  still 
worse  off.  These  vary  from  5  to  80  per  cent.  Most  of  them,  those 
that  place  the  amount  at  less  than  half,  every  one  can  see  must  be 
false.  For  what  purposes  are  such  proofs  presented?  Is  it  expected 
that  they  will  be  believed  to  be  true?  It  will  perhaps  be  suggested 
that  the  truth  may  be  found  by  taking  an  average  of  these  inconsistent 
statements.  Such  a  course  has  been  pursued  on  the  part  of  the  Gov- 
ernment of  Great  Britain  upon  the  point  of  how  many  seals  are  killed 
or  wounded  that  are  never  recovered;  but  the  method  of  endeavoring 
to  obtain  the  truth  by  taking  an  average  of  lies  seems  to  be  open  to 
question. 

Upon  this  whole  matter  the  counsel  for  the  United  States  will  content 
themselves  by  offering  the  following  summary  of  considerations: 

I.  The  assertion  in  the  Case  of  the  United  States  is,  that  tlie  propor- 
tion of  females  in  the  pelagic  catch  is  at  least  75  per  cent.  The  rea- 
sonableness of  this  is  supported  in  multiform  ways. 

(1)  It  is  nowhere  denied  in  the  report  of  the  Commissioners  on 
the  part  of  Great  Britain,  nor  even  in  the  British  Counter  Case. 

(2)  Upon  any  fair  construction  of  the  answer  of  one  party  to  the 
allegation  of  another,  it  must  be  taken  as  admitted.  The  admis- 
sion is  reluctantly  made  in  the  British  Commissioners'  Ecport  and 
in  the  British  Counter  Case  also  that  a  "considerable  proportion" 
of  the  pelagic  catch  consists  of  females.  What  does  a  "  considera- 
ble proportion "  mean?  Five  per  cent.,  or  10  per  cent.,  or  20,  or  50, 
or  75,  or  80?  The  language  is  sufficiently  broad  and  indefinite  to 
cover  either  of  the  proportions  named,  and,  as  the  assertion  made 
on  the  part  of  the  United  States  is  not  denied^  the  admission  in 
question  must  be  taken  to  be  an  admission  of  the  fact  substantially 
as  asserted  on  the  part  of  the  United  States. 

(3)  The  proofs  adduced  by  the  United  States  from  persons  en- 
gaged in  pelagic  sealing  or  with  definite  knowledge  of  it,  over- 
whelmingly sui)port  the  assertion. 

(4)  The  proofs  contained  in  the  British  Counter  Case  also  support 
it.  They  are  the  statements  of  the  pelagic  sealers  themselves,  a 
class  of  witnesses  in  the  highest  degree  interested  and  not  very 
much  to  be  depended  upon.  They  must  be  taken  most  strongly 
against  the  parties  making  them.  And  excluding  those  that  are 
manifestly  false,  we  find  enough  remaining  to  fully  support  the  con- 


POINTS   IN   REPLY   TO   THE   BRITISH   COUNTER   CASE.        323 


{* 


tentioii  of  the  XJnitcd  Statea.  Among  thcHe  witnoHses  there  are  a 
large  miinber  who  place  the  proportion  of  females  in  the  catches 
made  by  them,  respectively,  higher  than  00  per  cent. 

(5)  But  the  proof  furnished  by  the  furriers  is  absolutely  decisive, 
and  this  makes  the  proportion  fully  equal  to  the  assertion  by  the 
United  States. 

(0)  If  we  look  at  the  probabilities  of  the  case,  no  assertion  in 
opposition  to  the  contention  of  the  United  States  could  be  enter- 
tained for  a  moment.     When  we  consider  that  the  female  at  sea  is, 
as  a  general  rule,  more  easily  approached,  and  therefore  more  easily 
secured,  than  the  male,  and  that  the  number  of  breiMling  females 
is,  as   compared  with   the  breeding   males  probably  twenty  to 
one,  hpw  is  it  possible  that  the  slaughter  of  the  females  ^uould  not 
embrace  anywhere  from  three-fourths  to  four-fifths  of  the  entire 
catch?     If  indeed,  we  could  credit  the  assertion  continually  put 
forward  in  the  report  of  the  British  Commissioners  and  in  the  Brit- 
ish Counter  Case,  that  there  has  been  for  years  on  the  Pribilof 
Islands  an  excessive  slaughter  of  young  males,  and  that  thus  the 
number  of  breeding  males  has  been  very  much  reduced,  so  as  to 
make  the  harems  three  and  four  times  as  large  as  they  formcuiy 
were,  the  excess  of  females  over  males  would  be  vastly  multiplied, 
and  the  wonder  would  almost  be  how  any  breeding  male  should 
ever  be  killed. 
II.  Considerable  attention  is  given  to  an  attempt  to  controvert  the 
position  of  the  United  States,  that  a  large  number  of  seals  struck  by- 
pelagic  sealers  are  lost  without  being  recovered.    Of  course  the  United 
States  have  had  no  opportunity  to  controvert  the  proofs  presented  upon 
this  point  in  the  British  Counter  Case.  They  contain  no  evidence  except 
that  of  pelagic  sealers,  and  Ui\^  must  be  taken  most  strongly  against 
them.    Upon  this  point  the  reasonable  and  probable  inferences  from 
incontestible  facts  are  of  greater  weight  than  the  loose  and  suspicious 
statements  of  the  witnesses  referred  to.    We  know  that  when  a  seal  is 
killed  he  sinks  at  once,  because  his  specific  gravity  is  greater  than 
that  of  the  water,  although  he  may  sink  more  quickly  in  some  in- 
stances than  others.    We  also  know  that  when  a  seal  is  wounded,  but 
not  killed,  he  has  great  capacity  to  escape  the  pursuer.    We  know  that 
skill  in  shooting  and  skill  in  recovery  must  vary  very  much  among  dif- 
ferent men.    Under  these  circumstances,  it  is  not  reasonable  to  believe 
that  half  the  seals  fatally  wounded  are  secured. 


it 


324 


ARGUMENT   OP   THE   UNITED    STATES. 


! 


III.  Furtlior  attention  is  given  to  alleged  mismanagement  of  the  seal 
lierd  upon  tlie  Pribilof  lalanda.  Little  or  nothing  new  in  the  way  of 
evidence  is  offered  upon  the  subject,  but  the  assertions  contained  in  the 
British  Commissiouers'  report  are  repeated  and  enlarged.  Tiie  points 
on  wliich  particulars  of  this  alleged  mismanagement  are  stated  are:  (1) 
the  excessive  killing  of  y<mng  males;  (2)  injuries  committed  by  what 
is  called  "overdriving";  (3)  raids  upon  the  islands. 

(1)  Concerning  the  excessive  slaughter  of  the  young  males, 
there  is  no  trustworthy  evidence  than  an  annual  draft  of  100,000 
was,  before  any  injury  effected  by  pelagic  sealing,  excessive.  It 
is  undoubtedly  true  that  such  a  draft  upon  theislands,  coupled  with 
any  considerable  amount  of  captures  at  sea,  would  be  excessive, 
and  consequently  we  find  that  after  pelagic  sealing  had  reached 
considerable  proportions  it  became  increasingly  difficult  to  make 
the  annual  <lraft  of  the  100,000  upon  the  islands,  which  difficulty 
increased  to  such  an  extent  that  in  1890  it  was  arrested  by  the 
action  of  the  agent  of  the  United  States  G  nment.  If  at  that 
time,  or  prior  to  that  tinie,  the  extent  of  pt  sealing  had  been 
known  and  its  effects  upon  the  herd  ascertainable,  action  would 
have  sooner  taken  place  to  restrict  the  killing  upon  the  islands. 
In  this  suggestion  the  damages  occasioned  by  pelagic  sealing  are 
insihied  on  as  its  defense. 

(2)  In  respect  to  over-driving,  no  proofs  are  submitted  which 
fiirnishes  any  considerable  support  to  the  assertion.  It  is  un- 
doubtedly true  that  from  the  very  nature  of  the  case  there  may  be 
more  or  less  seals  included  in  the  drives  unfit,  by  reason  of  being 
females  or  otherwise,  for  slaughter.  These  are  allowed  to  drop 
out  to  regain  the  herd.  The  business  of  driving  may  be,  if  negli- 
gently conducted,  trying  and  injurous  to  the  subjects  of  it,  but  it 
is  not  necessarily  lio  in  any  considerable  degree.  There  is  no 
proof  worthy  of  attention  that  it  is  so  negligent.  The  interest  of 
those  engaged  in  it  is  largely  the  other  way.  And  the  evidence 
that  it  is  well  conducted  is  ample. 

(3)  Upon  the  Islands  it  is  to  be  said  that  undoubtedly  there 
have  been  in  the  past,  and  may  be  in  the  future,  attempts,  some 
times  successful  on  the  part  of  marauders,  to  take  seals  by  night. 
But  of  what  consequence  is  this  to  the  argument?  Does  it  show 
anything  more  than  that  there  ought  to  be  kept  an  adequate  guard? 
And  certainly  we  know  that  it  is  in  the  interest  of  the  proprietors 


f 


POINTS   IN    REPLY   TO   THE    BRITISH    COUNTER   CASE.        325 


to  keep  one.  What  self-interest  will  not  move  men  to  do,  they 
will  not  do  from  anyotlier  motivet  But  whence  do  these  raids  cornel 
From  the  very  sealing  vessels  engaged  in  pelagic  sealing.  That  is 
one  of  the  mischiefs  of  that  pursuil;. 

(4)  Touching  the  allegations  of  mismanagement  upon  the  islands, 
embracing  the  three  forms  of  possible  injury  to  the  seals  which 
have  been  mentioned,  there  is  this  to  bo  said :  they  may  possibly 
occur  in  consequence  of  carelessness  or  neglect;  but  every  motive 
and  every  interest  stimulates  the  United  States  as  well  as  their 
lessees,  to  make  the  evils  as  small  as  possible. 

And  concerning  the  extent  to  which  these  evils  exist,  the  con- 
clusion must  be  formed  upon  the  statements  of  actual  witnesses, 
and  not  upon  lectures  or  articles  in  newspapers  based  by  the 
writers  we  do  not  know  upon  what  evidence  or  whether  upon  any 
evidence  at  all. 

(5)  But  what  is  the  point  supposed  to  be  established  or  sup- 
ported by  this  matter  concerning  mismanagement  upon  the  islands? 
What  is  the  object  for  which  it  was  introduced?  What  conclusion 
would  it  justify  if  the  assertions  were  proved  to  their  fullest  extent? 
Do  they  sho^v  that  pelagic  sealing  is  any  less  mischievous?  Do 
they  show  that  in  that  form  of  sealing  males  are  taken  and  not 
females?  Do  they  show  that  in  that  form  of  sealing  a  great  many 
are  not  wounded  and  crippled  that  are  never  recovered  ?  Do  tliey 
show  that  in  administering  a  herd  of  such  animals  on  the  land 
females  should  be  slaughtered  and  not  males?  Do  they  show,  or 
are  they  intended  to  show,  that  the  United  States  has  not  adojttcd 
methods  grounded  upon  the  right  principles?  Do  they  show  or 
are  they  intended  to  show,  that  a  different  set  of  propiietors  than 
the  United  States  would  attend  to  the  business  in  a  better  and 
more  economical  manner  and  witli  better  methods?  If  so,  what 
sort  of  proprietors  should  they  be?  What  scheme  of  administra- 
tion should  bb  followed?  How  should  the  selections  for  slaughter 
be  made?  Answers  to  these  questions  would  be  extremely  perti- 
nent, but  none  seem  to  have  been  suggested. 

(6)  The  report  of  the  British  Commissioners  more  than  intimated, 
although  quite  inconsistently  with  admissions  made  by  them,  that 
the  capture  of  seals  upon  the  land  was  an  error,  and  that  the  ideal 
mode  of  dealing  with  this  animal  was  to  confine  the  pursuit  to  the 
sea.    The  Counter  Case  on  the  part  of  Great  Britain  does  not  avow 


•n 


326 


ARGUMENT  OT   THE  UNITED  STATES. 


fit 

is"  ' 


this  proposition.  Is  it  the  inteution  on  the  part  of  the  Govern- 
ment of  Great  Britain  to  support  that  view  ?  If  so,  some  iutima* 
tion  to  that  eflect  would  have  been  extremely  pertinent  in  this 
Counter  Case. 

And  when  that  view  comes  to  be  supported,  if  at  all,  it  is  to  be 
hoped  that  those  who  advocate  it  will  take  into  consideration  and 
give  satisfactory  explanations  upon  the  following  points: 

(a)  What  mau  of  science,  familiar  with  the  races  of  animals  and 
the  causes  which  tend  to  their  destruction  or  their  preservation, 
entertains  a  like  view?  Whatman  acquainted  with  the  business 
of  practical  husbandry  and  dealing  for  profit  with  a  race  of  ani- 
mals polygamous  in  its  nature,  thinks  it  wise  to  slaughter  males 
and  females  indiscriminately  for  the  market,  or  rather,  to  make 
their  selections  for  slaughter  consist  in  the  ^roi)ortiou  of  75  per 
cent  of  females. 

(6)  Is  it  likely  that  any  better  provision  for  the  preservation  of 
the  race  of  fur-seals  can  be  suggested  than  that  which  assigns  the 
rewards  of  preservation  to  tliose  who  alone  have  the  ability  and 
the  disposition  to  exercise  the  best  methods  of  preservation? 
Is  the  method  which  has  preserved  in  undiminished  numbers  for 
one  hundred  vears  and  upwards  the  herd  of  seals  resorting  to  the 
Commander  Islands,  a  mistake,  and  is  the  same  method  which  has 
been  pursued  for  nearly  the  same  period  on  the  Pribilof  Islands, 
and  with  tlie  same  eflPect  until  the  ravages  made  by  pelagic  sealing 
were  committed,  also  a  mistake?  And  wherein  is  there  any 
essential  difference  betv/een  the  methods  pursued  on  the  two  groups 
of  islands? 

And,  finally,  were  it  even  admitted  that  the  United  States  Gov- 
ernment mismanages  its  own  business  to  the  detriment  of  its  own 
interests,  would  that  destroy  its  right  of  property  in  the  business? 
Or  deprive  it  of  the  right  of  self-defense?  Or  justify  a  slaughter 
by  the  poachers  which  would  otherwise  be  unjustifiable?  Or  even 
render  it  probivble  that  such  mismanagement  would  not  be  corrected 
by  experience? 
It  is  worthy  of  remark,  in  conclusion,  upon  the  subject  of  regulations, 
so  largely  dealt  with  in  the  Britiah  Counter  Case — 

1.  That  while  it  is  now  professed  on  the  part  of  Great  Britain  that  Her 
Majesty's  Government  is  willing  that  just  regulations  for  the  preserva- 
tion of  the  fur-seal  should  be  adopted,  it  is  solely  owing  to  the  refusal 


1 


POINTS   IN   REPLY   TO   THE    BRITISH   COUNTER   CASE. 


327 


of  that  government  to  consent  to  any  such  regulations,  on  account  of 
the  objections  of  Canada,  that  this  controversy  has  arisen  and  this  ar- 
bitration has  been  rendered  necessary.  The  attitude  of  Canadf.  on  this 
subject  plainly  shows  that  it  quite  well  understands  that  smy  regula- 
tions adojjtv^d  for  the  preservation  of  the  seal  which  would  be  at  all  ad- 
equate for  t"iat  purpose  must  substantially,  if  not  entirely,  put  an  end 
to  i)elagic  sealing.  The  object  of  the  adventurers,  which  that  Province 
thinks  it  right  to  protect,  is  simply  to  make  what  profit  is  to  be  derived 
out  ,of  the  destruction  of  the  fur-seals  in  the  few  years  required  for  its 
comi)letion. 

2.  In  the  British  Counter  Case,  every  objection  possible  to  be 
brought  forward  to  the  making  or  enforcing  of  any  regulations,  is 
insisted  on.  The  real  position  assumed  is  that  of  opposition  to  any 
regulations  that  would  be  of  sufficient  value  to  be  worth  adopting. 
Those  proposed  by  the  British  Commissioners  are  for  the  benefit  of 
pelagic  sealing  and  an  enhancement  of  its  pn>iits,  and  itf  consequent 
destruction  by  restricting  the  unquestioned  right  of  the  United  States 
to  take  the  seals  on  its  own  territory.  In  answer  to  the  proved  cliarge 
that  pelagic  sealing  conduces  to  the  inevitable  extermination  which  it 
has  produced  everywhere  else,  and  that  the  methods  employed  by  the 
United  States  Government  tend  to  tlie  preservation  of  the  animal 
while  making  its  product  available  to  the  world,  it  is  gravely  proposed 
by  the  British  Connnissioners  to  adopt  regulations  which  avouUI  dimin- 
ish that  use  which  is  consistent  with  the  protection  of  the  seal,  and 
which  is  not  called  in  question  by  the  treaty,  so  as  to  increase  the  use 
which  is  destructive;  and  to  add  to  the  losses  already  suffered  by  the 
United  States  in  its  territoriul  interest,  by  increasing  the  profits  of 
those  who  are  engaged  in  'I  >stroying  it.  It  is  difficult  to  deal  seriously 
with  such  proposals. 

e.  j.  puelps. 

James  C.  Carter. 

H.  W.  Blodgett. 

F.  B.  OOUDEBT. 


sfl 


I 


FUR-SEAL   ARBITRATION. 


APPENDIX 


ro 


Argument  of  the  United  States 


BEKOUE   TUB 


TRIBUNAL  OF  ARBITRATION 


CONVENED  AT  PARIS j 


CONTAINING 

THE  TESTIMONY  '    RMITTED  IN  VOLUME  II  OF  THE  APPENDIX 
TO  THE  CASE  OF  TIfE  UNITED  STATES, 

TOGKTHKK  WITF 

EXTRACTS  FROM  THE  ARTICLE  BY  DR.  ALT,7  N    LFTTFRS 

FROM    NATURALISTS,  OFFICIAL    l.MU'ORTS,    ETC,   IN 

VOLUME  I,  AND  FROM   JHE  JOINT  REPORT  OF 

THE   BERING  SEA  COMMISSION  AND  THE 

KliPORT    OF    THE    UNITED    STATES 

COMMISSIONERS,    Ah'RANGED 

BY  SUBJECTS. 


:f 


-••-♦-•♦- 


WASHINGTON,  D.  C: 

GOVERNMENT  PRINTING  OFFIOB. 

1893. 


TABLE  OF  CONTENTS. 


The  deponents,  their  positions,  occupations,  and  experience i 

RELATING  TO  THE  HABITS,  PRESERVATION,  AND  VALUE  OF  THE  ALASKAN  SEAL  HERD, 
AND  TO  THE  PROPERTY  OF  THE  UNITED   STATES  THEREIN. 

Habits  of  the  Alaskan  seal: 

The  Pribilof  Islatids: 

Climate n/j 

Home  of  the  fur-seal ci 

St.  Paul  and  St.  George og 

"Breeding  grounds" gy 

"Hauling  grounds" eg 

Census  of  seal  life  impossible eg 

Determination  of  increase  or  decrease  of  seals gj 

The  Alaskan  seal  herd: 

Distinction  between  Alaskan  herd  and  Russian  herd 92 

Does  not  mingle  with  Russian  herd go 

Classilication ^^n 

The  pups: 

^"^^ 104 

Inability  to  swim jqp 

Aquatic  birth  impossible j  ^q 

Birth  on  kelp  beds  impossible 19, 

Podding J21 

Locomotion  on  land jo- 

Learning  to  swim '  ,05 

Departure  from  the  islands 227 

Dependence  upon  its  mother jo» 

Vitality "  j^^ 

The  bulls: 

Arrival  at  the  islands joi 

Arrival  of  the  cows joo 

Organization  of  the  harems jo'. 

Powers  of  fertilization joy 

Coition jgg 

Fasting .",....  140 

Disorganization  of  the  rookeries  .' j j  1 

Departure  from  the  islands j^2 

Vitality "  -..n 

The  cows:  

^eo 142 

Harem  life ^ j^3 

m 


J 

:  I 


IV 


TABLE   OF   CONTENTS. 


Habits  or  the  Alaskan  ssai/— Continnod. 

I'he  cmcs — Continued.  P«g"- 

NnniLerof  pups  at  a  birth 143 

Nourishes  only  her  own  pup 144 

Death  of  cow  causes  death  of  piip 146 

Feeding 148 

Food 148 

Feeding  oxcurHions 149 

Speed  in  swimming 157 

Departure  from  the  islands 157 

27(0  haohelors: 

Arrival  at  the  islands 158 

The  killable  class 159 

Feeding 159 

Mingling  with  the  cows IGO 

Departure  from  the  islands 161 

Migration  of  the  herd: 

Causes 161 

The  course 164 

Manner  of  traveling 186 

Herd  does  not  land  except  on  Pribilof  Islands 188 

Herd  does  not  enter  inland  waters 195 

The  Russian  herd 208 

Uanagbmknt  of  the  seal  rookeribs: 

The  slaughter-  of  1S6S 211 

American  management: 

The  lease  of  1870 212 

Condition  of  the  natives  ; 

Under  the  Bussian  Company 213 

Under  American  control — Improvement 214 

The  teah : 

Control  and  domestication 217 

Protection  of  females 223 

The  killable  class 228 

Disturbance  of  breeding  seals 230 

Number  killed 232 

Manner  of  taking 234 

Driving 235 

Overdriving  and  redriving 247 

Improvement  over  Russian  methods  of  taking 251 

Killing 254 

Salting  and  kenching 256 

Increase 257 

Dkcreask  of  the  Alaskan  seal  herd: 

Evidence  of  decrease: 

Period  of  stagnation 269 

On  Pribilof  Islands 269 

Along  the  coast 282 

Cause : 

Lack  of  male  life  not  the  cause 291 

Balds  on  rookeries  not  the  cause 296 

Management  of  rookeries  not  tlie  cause 301 

Exoessive  killing  the  admitted  cause 804 


Page. 

•  • . . .  143 

144 

146 

148 

148 

149 

157 

157 

158 

159 

....  159 

....  130 

....  161 

....  IGl 

....  164 
186 

....  188 

....  195 

•  •  •  •  ^%)o 

....  211 

212 

....  213 

....  214 

....  217 

■  •  -  -  ^JX> 
230 

■  *  ■  ■  ^O^ 

....  234 

....  235 

....  247 

....  251 

....  254 

....  256 

....  257 


269 
269 

282 

291 
296 
301 
804 


TABLE  OP  CONTENTS.  ▼ 

Decrkasr  of  the  Alaskan  seal  herd— Continued. 
Cause — Continned. 

Pela$ric  sealing  the  sole  csnae — Opinions:  Pag*. 

Amvfxcan  CommisaionerB 306 

Dr.  Allen 306 

Experts 308 

Indian  hunters 313 

White  sealers 321 

Increase  of  sealing  fleet 327 

Pelagic  sealino  : 
History : 

Sealing  by  coast  Indians 33I 

Vessels  used 334 

Introduction  of  firearms 336 

Method : 

Vessels,  outfit,  etc 337 

Indian  hunters 345 

TMiite  hunters 354 

Weapons 362 

Eesulis: 

Indiscriminate  slaugliter 866 

Attitude  of  seals  when  aimed  at 377 

Percentage  lost — general  statements 379 

Percentage  lost  of  seals  killed 385 

Percentage  lost  of  seals  struck 389 

AVoundiug , 402 

Sinking 404 

Destruction  of  female  seals 410 

Testimony  of  British  furriers 410 

Testimony  of  American  furriers 412 

Examination  of  pelagic  catch  of  1802 419 

Testimony  of  i)elagio  sealers '. . .  422 

Examination  of  catch  of  vessels  seized 427 

Destruction  of  pregnant  females 429 

Reason  pregnant  females  are  taken 448 

Destruction  of  nursing  females 461 

Dead  pups  on  the  rookeries 466 

No  dead  pups  prior  to  1884 468 

Time  of  appearance  of  dead  pups 469 

Number  of  dead  pups  in  1891 470 

Cause  of  death  of  pups 474 

Protkction  and  preskrvation: 
Other  seal  herds  : 

Destruction  of ,..., 483 

The  Russian  herd 487 

British  protection  of  the  seal 

Falkland  Islands 4S3 

ITew  Zealand , 488 

Cape  of  fjood  Hope ....„ 488 

Newfoundland  regulations , 488 

Fur-seal  protection  by  other  nations 

Lobos  Islands 490 

Cape  Horn 490 


Is      ^' 


VI  TABLE   OF   CONTENTS. 

Pkotection  and  prbservation— Continued. 

Alaskan  hei'd:  Pa);e. 

Necessity  of  its  protection 490 

Tlie  Joint  Commission 490 

Opinions  of  Naturalists 490 

Opinions  of  London  furriers 494 

Opinions  of  French  furriers 495 

Opinions  of  American  furriers 496 

Opinions  of  pelagic  sealers 497 

Opinions  of  Indian  hunters 501 

Opinions  of  otlior  witnesses 505 

Means  necessary 508 

Absolute  prohibition  of  pelagic  sealing 508 

Limited  prohibition  of  pelagic  sealing 

A  close  season 517 

rrohibition  of  use  of  firearms 522 

Froh ibition  of  pelagic  sealing  in  Bering  Sea 522 

Frohibition  of  itelagic  sealing  within  a  zone 522 

Fogs  in  Bering  Sea 526 

This  sealskin  industky: 

In  the  past 529 

Sources  of  supply 529 

Markets 531 

In  the  present 534 

Sources  of  supply 536 

Dependence  on  Alaskan  herd 546 

Loss  if  herd  destroi/ed 575 

Loss  to  United  States 575 

Loss  to  Great  Britain 581 

Loss  to  France 584 

Need  of  regular  supply  of  skins, 585 

Invesfhients - - °^' 

Canadian  investment  in  1890 587 

Employt5s  in  Canada  and  London 589 

Employes  in  Canada  and  United  States 589 

Canadian  investment  questionable 590 

Pelagio  sealing  aapoonlatiou •  590 


Pape. 
490 
490 
490 
494 
495 
496 
497 
501 
505 
508 
508 

517 

522 
522 
522 
526 

529 

529 
531 
534 

536 
546 
575 
575 

581 
584 
585 
587 
587 
589 
589 
590 
590 


THE  DEPONENTS,  TIIl^R  POSITIONS,  OCCUPATIONS.  AND 

EXPERIENCE. 


Charles  A.  Abboy,  boiiift-  duly  sworn,  deimsos  and  says:  1  am  51 
years  of  age,  and  ain  captain  in  the  llcveniio  Ma- 
rine of  the  United  States,  and  have  been  in  the    C.  J.  Abbey,  p.  185. 
service  for  nearly  twetity  oit^lit  years.    From  June, 
1886,  until  the  latter  part  of  Auuust,  18S(;,  I  was  in  charge  of  the  reve- 
nue steamer  Co/wc/m,  cruising  in  JJcring  Sea,  for  the  purpose  of  ])rote('t- 
ing  seal  life,  the  fur-seal  industry,  and  the  Governmeut  interests  iu 
Alaska  generally. 

Charles  Adair,  having  been  duly  sworn,  deposes  and  says:  I  am  by 
occupation  a  sailor;  I  reside  in  Port  Townsend. 
I  have  made  two  sealing  voyages  in  the  North    cha$.  Adair,  p.  400. 
Pacific  and  Bering  Sea.    In  ISSIJ  I  went  on  the 

American  sciiooncr  flames  0.  Sicaii,  auti  in  l.S9(>  iu  the  British  schooner 
liosic  Olscn,  of  which  Capt.  McLean  was  master. 

George  K.  Adams,  having  been  duly  sworn,  deposes  and  says:  1  am 
a  citizen  of  the  United  States,  and  a  resident  of 
Paso  Kobles,  Cal.,  where  lam  employed  in  general    a.  K.  Adams,  p.  157. 
business.     I   lirst  went  to  -:Uaska  in  the  bark 
Oolden   Gate,  Capt.  Scamniou,  June  10,  ISim,  on  the  American  tele- 
graph expedition,  and  explore('  the  country  about  Bering  Sea  from  St. 
Michaels  north,  returning  in  .September,  1807.     In  the  spring  of  1808  I 
returned  to  Alaska  soon  alter  its  purchase  by  the  United  States.    I 
went  for  the  late  John  Parrott.  of  San  Francisco,  direct  to  the  islands 
of  St.  Paul  and  St.  George.     We  wi're  the  liist  ])arties  who  wont  to 
those  islands  after  the  purchase,  and  commenced  taking  seals  about  the 
1st  of  July. 

Akatoo,  being  duly  sworn,  deposes  and  says:  I  was  born  at  Yakutat 
about  thirty  years  ago;  am  a  hunter  by  occupa- 
tion, hunting  sea  otter  and  bear.  Akatoo,  p.  2f7. 

J.  C.  S.  Akerly.  ph.  b.,  m.  d.,  having  been  duly  sworn,  depcses  and 
says:  I  am  a  graduate  of  the  University  of  Cali- 
fornia, 1882,  and  a  graduate  of  the  Cooper  Medi-    j,  c.  S.  Akerly,  p.  95. 
cal  College,  1885.    From  June  to  August  18,  18U1, 
I  was  surgeon  of  the  Revenue  Marine  steamer  Corw'n.    Fjoui  \ugual 
18  to  November  24,  181)1, 1  was  resident  physician  on  St,  Paid  Island, 
(me  of  the  Pribilof  or  seal  islands.     I  am  at  present  a  practicing  physi- 
cian at  Oiildimd.  Cal.     huriiijL;  my  stay  on  the  islands  I  nuvdc  frci^uent 
visits  to  the  dittei'ttut  seal  ruokciiu:5.      .,  .< 


2         THE  DEPONENTS  AND  THEIR  EXPERIENCE. 

PcrsoTinlly  appears  before  me  A.  B.  Alexander,  who,  beiTiff  duly 
sworn,  dt'i>os(>s  and  says:  I  am  37  years  of  age,  a 

d.  B.  Alexander,  p.  352.eitizeii  of  Gloucester,  Mass.,  and  have  been  for  six 
years  and  still  am  anemploy^of  tlieU.  8.  Fish  Com- 
mission as  a  fishery  exjx'rt,  beinfj'  detailed  for  service  on  the  Fish  Com- 
mission steamer  Albatross,  On  March  21)  I  was  detailed  for  temporary 
service  on  the  United  States  revenue  steamer  Corwin,  and  am  still  soen- 
gns'ed.  During  my  servic<'  on  the  (Joririn  1  have  cruised  as  far  north  as 
Y:ilviitat  liay.  I  have  visited,  with  but  few  exceptions,  all  the  ports  and 
native  villages  from  Dixons  lOiitrance  to  and  including  Yakutat  Bay. 
I  hiive  i)ersonally  conversed  with  the  Indians,  owners  of  vessels,  seal 
hunters,  both  native  and  white,  and  othei\s  engaged  in  the  sealing  busi- 
ness. I  have  been  in  (ranoes  and  boats,  and  personally  observed  the 
taking  of  seals  by  all  metlioils  practiced  on  this  coast,  and  have  thus 
sought  to  familiarize  myself  in  every  way  with  the  aquatic  habits  of 
the  senl,  their  habitat,  nietliod  of  <'apture,  and  all  matters  of  interest 
connected  with  the  sealing  industry. 

John  Alexandroff  and  Feodor  Barastoff,  being  duly  sworn,  depose 
and   sav:   We  are  respectively  the  priest  and 
John  Alexamirojf  aiii\.^^-^^^  ^^f  ^j^  „.itives  at  the  settlement  known  as 
j'eouor  iiara»tojj,p.z-j.  ;^,,],|j,^.„j^  ^j^  (j^^l^s  Inlet,  Alaska,  and  have  lived 
in  the  immediate  vicinity  all  our  lives.    We  are  by  occupation  hunters 
of  all  fur-bearing  animals,  excepting  the  fur-seal.     We  have  had  no  ex- 
periencein  hunting  fur  seals,  because  we  are  informed  that  it  is  unlaw- 
ful.   Our  occupation  does  not  take  us  below  the  entrance  to  Cooks  In- 
let, in  a  line  from  Capo  Elizabeth  on  the  peninsula  to  Cape  Douglass 
on  the  mainland  opposite. 


Watson  0.  Allis,  having  been  duly  sworn,  deposes  and  says:  I  am  36 
years  old,  an  American  citizen,  residing  in  San 
Francisco,  Cal.,  and  by  occupation  an  agent  of  the 
Fairbanks  Scale  Company,  engaged  in  selling  and 
In  the  summer  of  1882,  and  again  from  the  8i)ring 
of  1S.S7  to  the  fall  of  1889,  I  was  assistant  agent  of  the  Alaska  Com- 
mercial Company  upon  St.  Paul  Island,  and  worked  four  sealing  sea- 
sons in  charge  of  a  gang  of  natives  engaged  in  seal  kilUug. 


W.  C.  Allis,  p.  97. 
setting  up  scales. 


Nicholas   William    Andersen,  a  resident   of  Afognak,  being  duly 

s\7orn,  deposed  aiul  said:  I  have  been  in  Alaska 

JV.  W.  A  ndersen,  p.  223.  twenty  years ;  I  have  been  a  hunter  eighteen  years ; 

I  have  never  hunted  seals;  I  have  been  along  the 

coast  from  Prince  William  Sound  to  Sennak  Islands 


V 


Andrew  Anderson,  being  duly  sworn,  deposes  and  saith:  I  reside  at 

St.  Paul,  Kadiak  Island,  Alaska  Territory.    I  am 

Andreiv  Anderson,  p.  217.0,  sea-otter  hunter  by  occupation,  and  am  now 

master  of  a  hunting  schooner.    While  engaged 

in  hunting  during  the  past  eighteen  years  I  have  killed  more  or  less 

fur  seals. 

0.  H.  Anderson,  a  citizen  of  the  "Dnited  States  of  America,  48  years 
of  age,  being  daly  sworn,  deposes  and  says:  I  am 
C.  H.  Anderton,  p.  205.  a  master-mariner  by  occupation,  and  reside  in 
San  Francisco,  Cal.    I  have  been  sailing  in  Alas- 
kan waters  since  1880.    For  seven  years  I  cruised  in  tlito  VniMMlia  dis- 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


8  years 
:  lam 
lide  in 
a  Alas- 
ika  dis- 


triot,  which  embraces  the  Shumagin  and  Saiinak  Islands, the  Alentian 
chain,  the  Pril)ilots,  Bristol  Bay,  and  the  eastern  coast  of  lU'ring  Sea 
a8  far  as  St.  .Michaels.  .1  have  made  lour  or  live  trips  fnmi  IJnala.ska 
to  Attn  and  return,  and  eijjht  or  nine  between  Atka  and  Unalaska, 
chieHy  in  sprinj;  and  fall  of  the  year. 

I'eter  Anderson,  bciiij;  duly  sworn,  deposes  and  says:  1  reside  in  Vic- 
toria, Britisli  Columbia;  am  by  occupation  a  sea- 
man and  hunter;  I  have  becm  engaged  in  the  last    Peter  Ander8on,p.  313. 
three  years  in  taking  seal  in  the  North  Pacific 
Ocean  and  Bering  Sea  in  capacity  of  boat-stcerer.    The  vessels  I  was 
enii»loyed  on  are  as  follows :  Black  Diamond,  Ariel,  und  Uinhvina,  all 
British  schooners. 

H.  Andrieius,  being  duly  sworn,  deposes  and  says:  My  age  18  21 
yeras;  o(t(ni)iition,  seaman;  and  live  in  V'iiitoria, 
liritish  Coluii.bia.    I  first  sailed  in  IhOl  in  the     H. Amlriciua, p.  ^U. 
vessel  N.  U.  Paint,  Bisit,  master,  as  boat-steerer. 

Anna-tins,  (^hief  of  the  Takou  tribe  of  Indians,  being  duly  sworn, 
deposes  and  says:  Have  always  been  chief  of  this 
tribe.     Have  never  been  seal  hunting  in  my  life.    Anna-tlat,  p.  ^SA. 
Myself  and  tribe  go  to  the  coast  as  far  as  Wrangel 
and  trade  with  the  Killisuoo  Indians  for  oil. 

Ni(!oli  Apokchee,  Peter  Abankook,  Stephan  Langwalic,  lyfym  Monin, 
Denis  Malzoff,  Wasyryon  Ofkew,  Pavel  OlTiew,  ,,.,.,,, 
and  Pavel  Ringchook,  being  duly  sworn,  depose  a.^;""'*  ^^'''■'''''*'"'''^- 
and  say:  That  we  are  natives  of  Alaska,  and  re- 
side at  the  settlement  known  as  Fort  Alexander,  on  Cooks  Inlet,  Alaska 
Teriitory.  We  are,  by  occupation,  hunters  of  fur-bearing  animals,  ex- 
cejiting  the  fur-seal,  and  have  been  engaged  in  this  pursuit  the  greater 
part  of  our  lives,  chiefly  in  this  region. 

John  Armstrong,  having  been  duly  sworn,  deposes  and  says:  I  am 
50  years  old,  and  reside  in  San  Francisco.  I  was 
employed  in  Alaska  service  in  connection  with  John  Armstrong,  p.  1. 
the  seal  fisheries  from  1808  to  188(>,  inclusive. 
During  the  first  eight  years  of  the  time  I  was  chief  engineer  of  the 
steamer  laying  between  San  Francisco  and  the  seal  islands  and  other 
Alaska  ports,  and  from  1S77  to  1880,  inclusive,  as  agent  of  the  Alaska 
Commercial  Coni])any,  living  almost  constantly  for  the  whole  ten  years 
upon  St.  Paul  island.  I  always  assisted  in  the  seal-killing,  and,  in 
common  with  all  other  employes  on  the  islands,  made  the  seals  my  study 
and  care.  Everyone  connected  with  the  business,  from  the  snpeiin- 
tendent  to  the  humblest  laborer,  is,  when  at  the  islands,  keeidy  alive  to 
every  occurrences  relating  to  the  herd.  There  is  nothing  else  but  seals 
to  attriu'.t  our  attmtiou  wiien  there,  and  the  nmst  trivial  incidcjiits  in 
regard  to  the  rookeries,  as  well  as  the  more  serious  ones,  are  noted  and 
discussed. 

Kerrick  Artonmnofif,  being  duly  sworn,  deposes  and  says:  I  am  a 
native  Aleut,  and  reside  on  St.  Paul  Island,  Prib- 
ilof  Group,  Alaska;  1  was  born  at  Northeast  Point,  Kerriok Artomanoff,p.  99. 
on  St.  Paul  Island,  and  am  07  yearn  of  age.     I 
have  worked  ou  tke  sealing  grounds  for  the  la^at  lifty  years,  and  am 


THE    DEPONENTS    AND    TUEIlC    EXPERIENCE. 


well  aequiiiiitccl  with  tlui  iiiftliods  udoptcd  by  tlii^  Rnssiaii  and  Ainerl- 
cau  GoveniiiKMits  in  takiii<;-  of  fur-seal  skins  anil  in  protectinj^atid  pre- 
serving the  herds  on  the  island.  In  LSTO,  wiien  tiie  AhiskaCoininereial 
Company  obtained  the  lease  of  the  islands,  I  was  made  chief,  and  held 
the  position  for  seventeen  years. 

It  was  my  duty  as  chief  t<»  take  cliar<je  of  and  conduct  the  drives 
with  my  people  from  the  hauling  U)  the  killing  grounds. 

Atenas  Koo,  being  duly  sworn,  deposes  and  says:  I  am  an  old  man. 

VV'iis  born  in  Yakutat  and  am  a  member  of  the 
Atenaa-Koo,  p. 237.        Yakutat  tribe  of  Indians.    I  have  hunted  all  my 

life. 

Charles  Avery,  a  resident  of  St.  Paul,  Kadiak,  Alaska,  being  duly 
sworn,  deposed  and  said:  I  am  enptain  of  a  seal- 

Cka».  Avery,  p.  218.  iug  schooner ;  have  been  six  years  iii  Alaska;  have 
been  hunting  seals  three  years. 

Adam  Ayonkee,  being  duly  sworn,  deposes  and  says:  I  am  about  60 
years  old ;  born  at  and  reside  in  Sitka.     Am  by  oc- 

Adam  Ayonkee,  p.  255.  cupation  a  hunter.  Hunt  seal  in  summer  and  deer 
in  winter  ever  .-since  I  was  a  small  boy. 

Q.  What  is  your  name,  age,  residence,  and  occupation? — A.  My 
name  is  tieorge  Ball;  age,  42;  res' 'cnce  at  pres- 

Geo.  Ball,  p.  481.  ent,  San  Francisco,  Cal.;  occup  »tioJi.  'nnster  and 

hunter  of  seals. 

Q.  Are  you  a  citizen  of  the  United  States'? — A.  I  am. 

Q.  What  State  are  you  a  resident  of? — A.  I  am  a  native  of  Connect- 
icut and  ii  resident  of  California  for  the  last  twenty-seven  years. 

Q.  Have  you  been  engaged  in  catching  seals  in  the  Pacific  and  Ber- 
ing Sea,  and  for  how  long"? — A.  I  liave  been  engaged  in  sealing  in  the 
Pa(;itic  and  Bering  Sea  oil"  and  on  for  a  luimber  of  years  past;  constantly 
during  the  sealing  season  for  the  last  few  years. 

Ge3rge  Bantle,  having  been  duly  sworn,  deposes  and  says:  My  age 

is  53.    I  reside  in  San  Francisco.    I  am  a  packer 

Geo.  Bantle,  p.  508.        and  sorter  of  raw  fur  skins,  and  have  been  engaged 

in  that  occupation  for  the  last  twenty  years.     My 

calling  lias  made  nie  a  judge  of  raw  seal  skins,  as  I  have  handled 

in  the  last  ten  or  twelve  years  from  10,000  to  15,000  annually.     I  can 

tell  by  examining  a  skin  whether  it  was  caught  in  season,  and  whether 

it  was  caught  on  the  Kussiau  side  or  on  the  American  side. 

I,  Milton  Barnes,  being  duly  sworn  according  to  law,  dei)ose  and  say 
as  follows :  I  am  a  citizen  of  the  United  States, 
Milton  Barnes,  p.  101.     and  when  at  home  reside  near  Columbus,  Ohio. 
Have  been  temporarily  stationed  during  the  last 
year  on  the  Island  of  St.  Paul,  one  of  the  fur-seal  or  Pribilof  Group  in 
Bering  Sea,  as  a  special  emi)loy6  of  the  United  States  Treasury  Depart- 
ment on  said  island. 

Johnny  Baronovitch,  being  duly  sworn,  deposes  and  says:   I  was 

born  at  Kasan  and  have  lived  here  all  mv  life. 

^^-^ohiiny  liiu-ouovitch,  p.  -^fy   business    is   that  of.  hunting  and  fishing. 

Have  hunted  fur-seal  in  a  cauoe  iu  May  oft'  the 
Prince  of  Wales  Island. 


THK    DEPONENTS    AND    TIIEril    EXPF-IUENCE.  O 

0.  Francis  Bates,  being  duly  sworn,  says:  I  am  a  member  of  the  Arm 
of  Martin  Hates,  jr.,  &  Co.,  and  am  tin'  pcisoii  de- 
scrib.  d  in  and  wljo  verilied  an  allidaviton  tiie  Ui'd    c.  Francis  Hatc»,p.  508. 
day  of  Jii\H\  18i)li,  relating  to  the  vahu!  of  the  in- 
dustry of  mamifacturiug  seal  skin  articles  in  the  United  States,  and 
other  matters. 

C.   Francis  Bates,  being  duly  sworn,  says:  I  am  07  years  of  ago,  a 
citi/en  of  the  United  States,  and  a  resident  of  the 
city  of  New  York.    Early  in  tnis  century  my  father  c.  FratidH  Bates,  p.  528. 
established  a  wholesale  fur  business  in  this  «'ity, 
and  to  this  business  I  have  succ^ecded.     I  have  been  engaged  in  it  for 
the  past  fifty  years.    It  is  now  «!arried  on  under  the  name  of  Martin 
Bates,  jr.,  &  Co.    For  many  years  we  have  been  large  purcjhascrs  of 
Alaska  (or  Pribilof  Island)  fur  seal  skins,  having  bcmght   in  London 
and  brought  t<i  tiiis  country,  between  the  years  1879  and  1H91,  71,904 
such  skins.    I  am  familiar  with  the  value  and  extent  of  the  industry 
of  maiuifacturing  articles  of  fur-seal  skins  in  this  country,  my  house 
having  until  very  recently  been  largely  interested  in  it. 

Maurice  Bates,  being  duly  sworn,  deposes  and  says:  I  am  40  years 
old;  was  born  in  British  Columbia,  and  now  re- 
side in   New  Metlakahtla,     I   am   a  hunter  by     Maurice  Bates,  p.  276. 
occupjition;  have  hunted  fur-seal  in  a  canoe  ever 
since  I  was  old  enough.    My  hunting  lodge  is  on  Dundas  Island,  and 
I  hunt  in  Dixons  Entrance  and  olt'  Prince  of  Wales  Island. 

Charles  J.  Behlow,  being  duly  sworn,  deposes  and  says:  I  reside  in 
the  city  and  county  of  San  l^'rancisco,  State  of 
California;  I  am  by  occupation  a  fur  merchant,  Chas.  J.  Drhlow,  p. i03. 
and  have  been  so  engaged  permanently  for  the 
last  thirty-live  years,  during  which  time  I  have  been  c<mstantly  hand- 
ling large  quantities  of  raw  fur-seal  skins  from  many  diti'ereut  localities, 
and  I  can  readily  distinguish  the  respective  quality,  size,  age,  and  sex. 

William  Bendt,  having  been  duly  sworn,  deposes  and  says:  I  reside 
in  San  Francisco.    My  occupation  is  that  of  saloon 
keeper  and  lodging-house  keej)er,     1  have  been      Wm.  Bendt,  p.  iOi. 
engaged  in  tittiug  out  sealing  vessels  and  sending 
them  to  the  North  Pacific  and  Bering  Sea  for  ei;>'ht  or  nine  years.    I 
fitted  out  the  schooners  Foicler,  fjaura,  G.  H.  White,  and  others.    I  am 
now  the  managing  owner  of  the  schooner  BowUead. 

Wilton  0.  Bennett,  being  duly  sworn,  deposes  and  says:  I  was  born 
at  Neah  Bay.    I  am  32  years  old,  and  have  been 
a  seal  hunter  all  my  life  in  the  North   Pacific    Wilton  C.Bennett, p. Z^. 
Ocean  and  one  season  in  Bering  Sea,  always  in  the 
capacity  of  hunter. 


I  was 

my  life, 
fishing. 
off  the 


Edward  Benson,  being  duly  sworn,  deposes  and  says:  I  a  m  34  years 
old;  was  born  in  British  Columbia;  and  now  re- 
side at  New  Metlakahtla.    I  have  been  engaged  in    Edward  Benson, p.  277. 
hunting  five  years.    Have  hunted  seals  in  canoes. 


II 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


w 


Martin  Benson,  being  duly  sworn,  deposes  and  says:  I  have  been  en- 
gaged in  sealing  five  years,    as  ninstor  of  the 

Mariin  Benson,  p.  i05.  James  O.  Swan  and  the  Leo  in  Bering  Sea  and 
North  Pticific  Ocean. 

H.  S.  Bevington,  ^i.  A.,  being  duly  sworn,  doth  depose  and  say:  Tliat 
he  is  40  years  of  age,and  a  subject  ol  iler  Britauiiic 
H.S.  Bevington,  p.  5:^1.  Ma  jesty,  and  is  the  head  of  the  iirm  of  Beviii,i;ton 
&  Morris,  doing  business  as  fur  iiierchaiits  and 
manufacturers  at  28  Canon  street,  in  the  city  of  London.  That  liis 
said  (inn  was  founded  in  the  year  1720,  and  has  bcien  continued  in  tlie 
same  family  during  the  whole  of  these  years  down  to  tJie  present  time, 
and  has  been  engaged  during  the  whole  of  the  period  since  172(>  in  the 
same  business,  dealing  in  furs  and  leather.  That  de[)Oiient  has  been  in 
the  business  ever  since  the  year  1873.  Duringthe  wlioleof  thepeiiodsiice 
that  date  his  said  flriu  have  been  in  the  habit  of  buying  fur-seal  skins, 
and  he  knows  from  his  general  knowledge  of  the  business  that  prior  to 
that  time  tiiey  were  in  the  habit  of  buying  seal  skins  ever  since  they 
became  an  article  of  commerce.  That  deponent  has  personally  handled 
many  thousands  of  skins  of  the  fur  seal,  and  by  reason  of  that  fact  and 
of  his  experience  in  his  business  has  a  general  knowledge  of  the  liistory 
of  the  fur-seal,  skin  business,  and  a  general  and  precise  knowledge  of 
the  seve  x\  kinds  of  skins  which  now,  and  for  many  years  last  past, 
have  come  upon  the  London  market. 

John  G.  Blair,  of  San  Francisco,  having  been  duly  sworn,  deposes 
and  says:  I  am  5.  years  old,  and  an  American 

J.  G.  Blair,  p.  193.  citizen,  and  am  now  and  have  been  for  the  i)ast 
fourteen  years,  until  recently,  master  of  the 
schooner  Leon,  formerly  in  the  service  of  Hutchinson,  Cole,  Philipeus 
&  Co.,  and  now  employed  by  the  Itussian  Seal-skin  Company.  During 
all  this  time  I  liave  been  constantly  engaged  in  thefnr-sealingindustiy, 
and  am  familar  wirh  the  habits  of  these  animals  both  on  the  land  and 
in  the  water.  I  was  in  charge  of  and  attended  to  the  killing  of  seals 
upon  Robbeu  Lsland  for  the  lessees  from  1878  to  188.'>,  inclusive,  taking 
from  1,000  to  4,000  seals  i)er  annum  in  each  of  these  years  for  their 
skins,  and  have  visited  the  islands  in  the  Leon  every  year  except  two 
since  188.1  to  tiie  present  date.  During  the  two  years  excepted  I  was 
sealing  on  the  Commander  Islands. 

Bernhardt  Bleidner,  being  duly  sworn,  deposes  and  says:  I  reside 

at  Victoria,  British  Columbia;  am;>2  years  of  age; 

Bernhardt  /??cirfner, p. 314. my  occup'ition,  seaman.     In  1887  I  shipped  on  the 

schooner  Chnllenge,  Jones,  master,  as  boati)uller. 
*  *  *  In  January,  1880,  I  again  shipi)ed  from  Victoria,  British 
Columbia,  in  the  schooner  Walter  Rich,  Siewart,  nuister. 

Niels  Bonde,  being  duly  sworn,  deposes  and  says:  I  am  24  years  of 

age;  residence,  Victoria,   British   Columbia;  oc- 

Niela  Bonde, p.Zlb.     cupation,  seaman.     I  went  sealing  as  deck  hand 

in  the  British  schoimer  Kate,  Cai)t.  Moss,  master, 

in  1887.    *     *    •     In  1888  I  left  Victoria  on  the  11th  of  Ai.ril  as  mate 

ami   interpreter  on   the  British  schooner   Arniinnh,    II.    F.   Siewart, 

master.    *  *     I  left   Victoria  on   the  28th  of  May,  188!>,  iu  the 

British  8cLoo::'^.r  iCafe  as  deck  hand.    •    •    •    In  1800  I  left  Victoria 


reside 

of}i<;e; 

on  the 

])iiller. 

British 


THE   DEPONENTS  AND   THEIR   EXFEVcIENCE.  7 

on  the  17th  of  January  in  the  British  schooner  Fioneer,  Morgan, 
niastor.    I  shipped  as  a  deck  hand. 

Wo,  the  undersigned,  natives,  residents  of  St.  Paul  Jshuid,  who  have 
for  a  number  of  vears  bee?!  engaged  in  the  busi- 
ness of  sealing  on  tliese  islands,  Laving  been  pres-  ^,^/'  ,|"i4o''"''"^"^"-^*''"^ 
(Mit  and  heard  the  testimony  of  Anton  Melove-        ' 
dott'  and  Noon  Mandregiu,  as  above  given,  do  hereb;'  concur  substan- 
tially in  their  statements. 

Apollon  Bokudakafpsky. 

Aggie  Kukiiin. 

Nicon  Kkukopp,  Second  Chief. 

Bowa  chnp,  being  duly  sworn,  dei)osi'S  and  says :  I  am  a  native  Makah 
Indian,   and   reside  on  the  reservation  at  Neah 
Bay,  State  of  Washington,  CTnited  States  of  Amer-       Boua-chup,  p.  376. 
ica,  and  am  about  40  years  of  age.    1  liave  been 
engaged  in  seal  hunting  ever  since  I  was  a  boy.    Until  about  ten  or 
twelve  years  ago,  I  used  to  seal  along  the  coast  in  large  canoes  i'rom 
10  to  18  n)iles  from  Cape  Flattery  and  iii  the  Straits  of  Sun  Juan  de 
Fuca.    At  first  I  was  a  jiaddler,  and  afterwards  I  became  u  speurman. 

John  Andrew  Bradley,  being  duly  sworn,  dci)Oses  and  saith:  Ire- 
side  at  Coal  Point,  on  Kachekmak  Bay,  Cook's 
Iidct,  Alaska,  and  have  lived  in  this  immediate   j.  a.  Bradley,  i>.  227. 
vi<-inity  for  tlie  past  four  years.    I  liave  tvaxeU'd 
extensively  along  all  the  Northwest  Coast  during  the  past  twenty-two 
yi'ars,  and  am  well  acquainted  with  it.    I  liavc  had  no  i)eis(»nal  prac- 
tical ex])erience  in  fur-seal  hunting,  but  at  the  same  time  have  a  fair 
knowledge  of  the  industry. 

1'liomas  Bradley,  having  been  duly  sworn,  deposes  and  says:  1  re- 
side in  San  Francisco.    My  occupation  is  that  of 
a  seaman.    In  1884  1  shi])pcd  on  tin;  Mfif/fiie  Rosa    xhos,  Bradhi/,2>.i0(i. 
as  ii  boat  i)uller  for  a  sealing  voyage  to  the  North 
Pacific  and  Bering  Sea. 

William  Brennan,  being  first  duly  sworn,  de- 
])oses  and  says :  I  am  37  years  of  age  {  was  born  in  William  Bnnnan,  p.  357. 
London;  am  b,  occupation  a  seal'aring  man;  and 

reside  sit  Seattle,  in  the  State  of  Wusliington.  I  have  s])ent  the  best 
yeavs  of  my  lite  in  the  close  study  of  tlie  denizens  of  the  sea,  iuelnding 
se:ils  and  the  modes  o:  (;apturing  tliem,  such  as  seafaring  men  bestow 
upon  matters  in  which  they  are  interested  ]>arti(ipants.  1  first  went 
to  sea  in  November,  18GI),  and  have  been  connected  with  shipping  mat- 
ters lor  twenty-three  years.  Passing  my  examination  as  second  mate 
ill  London  in  1874,  I  went  to  Australia,  thence  to  China  and  .lapan, 
remaining  in  Japan  several  years.    *     »    * 

I  have  since  followed  the  sea  as  sailing  cajjtain, 
l»ilot,  and  quartermaster  ou  vessels  sailing  out  of  ff'illiam  Brcn»an,p.  3o8. 
^'ictoria,  British  Colmnbia. 

Henry  Brown,  being  duly  sworn,  dejyoses  and 
says:  I  am  4L'  years  of  age,  and  reside  in  Victoria,     Henry  Drown,  p.  317. 
British  Columbia.     I  am  by  occnpatlon  aseanmn. 
On  or  about  Febi'uary  21,  18U0,  I  sliipped  as  an  able  seaman,  but  did 
service  us  a  bout  steerer  ou  the  scaiiug  schoonei'  Minnie,  wliich  cicaicd 


8 


THE   DEPONENTS   AND   THEIR  EXPERIENCE 


from  Victoria.  •  •  *  On  January  19, 1891, 1  shipped  at  Victoria  as 
an  able  seaman,  and  took  the  boat  stealer's  billet  on  the  sealing  scliooner 
JIfascof,  Lawience,  master.  *  *  *  On  February  25,  LS92,  I  shipped 
at  Victoria,  Britisli  Columbia,  on  the sealinjn  schooner  j1/«ryjBeHe,  Smith, 
master.  I  shipped  as  an  able  seaman,  and  did  service  in  the  steruboat 
as  boat  steerer. 

Joseph  Stanley  Brown,  being  duly  sworn,  deposes  and  says:  I  am 
30  years  of  age;    am  a   citi/en   of  the  TJnited 

J.  Stanley  Brown, p.  iO.  States;  reside  in  Mentor,  Ohio;  am  by  profession 
a  geologist,  and  as  such  am  employed  in  ^-  e  U. 
S.  Geological  Survey. 

In-April,  1891, 1  was  ordered  by  the  honorable  the  Secretary  of  the 
Interior,  to  whose  direction  the  officers  of  the  (ieological  Survey  are 
subject,  to  report  to  the  honorable  the  Secretary  of  the  Treasury  per- 
sonally for  special  service.  This  I  did,  and  on  the  27th  ot  that  month 
I  received  from  the  latter  a  temporary  appointment  as  special  agent. 

On  May  4  I  was  given  instructions  to  visit  the  Pribilof  Islands,  for 
the  purpose  of  studying  the  seal  life  found  thereon,  with  a  view  to  pro- 
curing full  and  accurate  information,  not  only  as  to  its  present  general 
condition,  but  also  more  si)ecilically  as  to  any  increase  or  diminution  of 
the  seal  herd  that  makes  its  home  u])on  the  islands.  I  was  further 
instructed,  should  I  find  that  change  had  occurred,  to  inquire  <!arefully 
into  its  relative  amount  and  the  causes  leading  thereto.  My  duties 
were  in  no  way  connected  with  the  administration  of  the  islands,  but  I 
was  left  free  to  make  as  exhaustive  and  comprehensive  an  examination 
of  seal  life  on  the  islands  as  the  time  at  my  disposal  would  permit. 

In  accordance  with  my  instructions  1  jirocccdcd  to  San  Francisco, 
and  on  the  27th  day  of  May  sailed  for  Bering  Sea  on  the  United  States 
revcTiue  steamer  A'M.s7i.  The  ^m.s7(  arrived  at  St.  George  Island  on 
June  9  and  at  St.  Paul  on  the  following  day.  I  entered  immediately 
upon  the  work  assigned  me  and  continued  it  interruptedly  until  Sep- 
tember 22,  when  the  Jiusli  returned  to  San  Franciscc,  arriving  there  on 
October  2. 

Of  the  one  hundred  and  thirty  days  devoted  to  iieid  investigation 
eighty  were  given  to  the  two  islands  and  lil'ly  s])eiit  at  sea  in  making 
tlie  voyage  to  and  IVom  San  Francisco  and  in  cruising  in  the  vicinity 
of  the  Pribilof  Islands.  This  cruising  carried  me  as  far  north  as  the 
island  of  St.  Mat..!ew  and  of  Nunivak,  and  gave  me  an  opportunity  to 
visit  the  villages  of  y:\kutan,  Unalaska,  JNIakushin,  Ilashega,  and  Oher- 
nofsky,  on  the  Aleutian  chain.  Thus  by  field  investigation,  by  cruising, 
as  well  as  by  seeking  information  Ironi  those  qualilied  by  their  calling 
to  give  it,  I  sought  to  familiarize  myself  with  the  .seal  question  in  all  its 
phases. 

In  the  prosecution  of  my  investigations  I  deemed  it  desirable  to  pho- 
tograph all  the  rookeries  often  from  two  jjositions;  to  make  a  general 
topographic  survey  of  both  islands  on  a  scale  of  1  mile  to  the  iuvAx  and  to 
prepare  (b-tailed  charts  of  the  rookeries  ui)on  the  unnsually  large  scale 
of  2()4  feet  to  the  inch.  In  carrying  (mt  this  work  I  examined  the  entire 
shore  lines  of  St.  Paul  and  St.  George,  and  there  is  not  an  area  of  a  mile 
square  upon  either  that  I  have  not  traversed  nor  a  square  hundred  feet 
upon  a  rookery  that  I  have  not  repeatedly  inspected.  The  close  atten- 
tion to  topogi'a])hic  forms  demanded  in  jjlatting  rookeries  with  so  much 
minutentiss  and  the  care  recpiired  in  selecting  the  best  positions  to 
se<!ure  j)liotograplis  inevitably  dn^w  me  in  close  contact  with  seal  life 
and  greatly  increased  my  opportunities  to  study  it.    There  was  hardly 


THE  DEPONENTS  AND  THETR  EXPERIENCE. 


9 


a  day  in  wliicli  I  did  not  have  a  chance  to  examine  the  roolccries  and 
observe  rookery  life  in  its  varied  forms.  In  all  my  work  ui)on  the 
islands  I  was  constantly  attended  by  native  Aleuts,  wiio  assisted  in 
transporting  my  instruments  and  other  impedimenta.  Several  of  these 
could  speak  fair  English.  Our  intimate  daily  relations,  which  extended 
over  nearly  three  months,  were  under  conditions  tliat  offered  neither 
incentive  to  secrecy  nor  to  deception,  and,  while  their  general  views  on 
and  theory  of  seal  life  are  to  be  received  witli  caution,  they  are  keen 
observers  of  little  details,  .and  from  them,  their  friends,  and  old  Kussian 
records  on  the  islands  I  received  many  valuable  hints  of  a  natural  his- 
tory and  historical  character. 

Peter  Brown,  being  duly  sworn,  deposes  and  says:  J  am  the  native 
chief  of  the  Makah  Indirans;  am  about  ao  years 
old,  and  reside  on  the  Neah  Bay  Beservation,  in    Peter  lirowv, p. 377. 
the  County  of  Clallam,  and  State  of  Washington, 
United  States  of  America.    1  am  acquainted  witli  the  habits  of  my  peo- 
ple and  the  methods  adopted  by  them  in  hunting  the  fur-seal     I  am 
the  master  and  one  third  owjier  of  the  fishing  schooner  James  G.  Stcan. 
I  have  been  engaged  in  hunting  seals  with  spears,  more  or  less,  all  of  my 
ife. 
1 

Thomas  Brown,  being  duly  sworn, deposes  and  says:  My  age  is  31 
years;  my  residence  is  Victoria,  British  Columbia; 
occupation,  seaman.  I  went  sealing  in  188i>  from  '^[T"^  ^^'■°"'"  (^*'-  ^>' 
San  Francisco,  Cal.  (I  do  not  remember  the  name  of  ^' 
the  vessel),  Capt.  Scott  was  master.  *  *  *  In  1890  I  went  sealing 
again  in  the  schoimer /Smitow,  Madison,  master.  *  *  *  I  was  boat- 
puller.  *  *  *  In  1891,  in  the  month  of  February,  I  sailed  from 
Victoria,  British  Columbia,  on  the  schooner  Thistle,  Nicherson,  mas- 
ter.   •    *    #    I  signed  as  boat-puller. 

Thomas  Brown,  having  been  duly  sworn,  deposes  and  says:  I  reside 
in  San  Francisco.    My  occupation  is  tluit  of  a 
laborer.    I  made  a  sealing  voyage  to  the  North      Vl^"^'^"  ^^'■<"""  (^'o-2), 
Pacific  and  Bering  Sea  on  the  Alexander,  of  ^' 
which  Capt.  McLean  was  master. 


40G. 


Charles  Bryant,  being  duly  sworn,  deposes  and  says:  I  am  a  resident 
of  Mattapoisett,  Plymouth  County,  State  of  Massachusetts,  and  am  12 
years  of  age.  From  18-10  to  1858,  I  was  engaged  in  whaling  in  the 
North  Pacific  Ocean  and  Bering  Sea.  The  latter  portion  of  the  time 
I  was  captain  of  a  whaling  vessel.  I  then  retired 
to  a  farm  located  in  the  town  of  Fairhaven,  ir,  CharUt  Bryant,  p.3. 
Bristol  County,  State  aforesaid.  In  Sei)tember, 
1808,  I  was  appointed  a  special  Treasury  agent  to  go  to  the  Pribilof 
Islands  to  investigate  and  to  report  as  to  the  habits  of  the  Inr  seal,  the 
condition  of  the  islands,  and  the  most  advantageous  i)lan  to  adopt  for 
the  government  and  management  of  the  same.  Pursuant  to  such 
appointment  I  proceeded  to  the  Pacific  coast  and  in  March,  1809,  I 
landed  on  St.  Paul  Island  and  remained  there  until  September  of  tlie 
same  year.  I  then  returned  to  Washington  and  laid  my  rcjiort  before 
the  Treasury  Department.  I  again  w^ent  ba(;k  to  the  islands  in  .Inly, 
1870,  and  remained  until  the  fall  of  1871.  Then,  in  April,  1872, 1  again 
arrived  on  St.  Paul  Island,  this  time  in  the  capacity  of  sjiecial  agent 
of  the  Treasury  Department  in  charge  of  the  seal  islands.    I  was  upon 


.  ■  fl 


w 


10 


THE   DEPONENTS   AND  THEIR  EXPERIENC3E. 


the  islands  as  such  agent  from  that  time  during  the  sealing  seasons 
from  1872  to  1877,  inclusive,  and  passed  three  winters  there,  namely, 
those  of  1872, 1874,  and  1876.  Since  the  year  1877  I  have  never  visited 
the  seal  islands,  and  have  been  in  retirement  at  Mattapoisett  aforesaid. 
During  these  years  I  was  upon  the  islands  I  made  a  most  careful  study 
of  seal  life  thereon,  and  examined  and  inquired  of  the  natives  in  rela- 
tion to  the  habits  and  former  conditions  of  the  fur-seals. 


James  (V.  Budington,p. 
593. 


Capt.  James  W.  Budington,  being  duly  sworn,  deposes  and  says:  I 
am  53  years  of  age,  a  resident  of  Grotou,  Conn., 
andamastermariner.  Since  1871  Ihavemade  sev- 
eral voyages  to  the  southern  hemisphere  for  the 
purpose  of  seal  hunting,  and  am  thoroughly  acquainted  with  the  islands 
and  coasts  about  Cape  Horn  and  in  the  southern  Atlantic  Ocean  where 
fur-seals  have  been  taken.  I  also  studied,  as  far  as  I  was  able,  the 
habits  and  conditions  of  the  fur-seal  of  the  southern  seas. 


Personally  appeared  before  me  Euth  Burdukofski,  who,  being  duly 

sworn,  deposes  and  savs:  I  am  G-t  years  of  age,  a 

Buili  liurdukofskietal.,  ^^^^^  j^^^^^^  ^^j^g  ^^^.^  ^^  Bering  Lshmd,  an<l  do 

"  now  reside,  and  have  since  the  age  of  17  resided, 

at  Unalaska.  In  my  early  life,  during  the  time  of  the  liussian-Anieri- 
caL  Company,  I  hunted  seals  in  my  bidarka  in  and  off  the  bays  of  Un- 
alaska Island. 


>i 


I 


S«      'hi 


Karp  Buterin,  being  duly  sworn,  deposes  and  says:  I  am  39  years  of 

age,  and  I  was  born  on  St.  Paul  Island,  Alaska, 

Karp  Buterin,  p.  102.    and  I  have  always  lived  here.    I  have  a  praittical 

knowledge  of  the  fur-seal  industiy  as  it  is  done  on 

St.  Paul  Island,  fori  have  been  working  at  it  all  of  my  life  since  I  was 

able  to  work.    1  have  driven  seals  and  clubbed  and  skinned  tliem;  I 

have  had  charge  of  the  drives  and  I  have  been  second  chief  for  four 

years,  and  I  am  head  chief  now,  being  elected  in  1891. 

Stephen  N.  Buynitsky,  being  duly  sworn,  deposes  and  says:  I  am  a 
Eussian  by  birth  and  am  00  years  of  age.    I  grad- 
8.  N.  liuynitshj, p.  20.    uated  from  the  Imperial  Lyceum  at  St.  Peters- 
burg, an  institution  for  the  nobility.    Am  now  a 
resident  of  the  city  of  Washington.    I  was  detailed  by  the  United  States 
Treasury  Department  to  take  charge  of  St,  George  Island,  in  Bering 
Sea,  during  the  summer  of  1870;  I  returned  to  the  United  States  in  tlie 
fall  of  that  year.    The  following  season  I  was  appointed  to  take  charge 
of  both  St.  Paul  and  St.  George  islands.    I  arrived  at  the  islands  in 
July,  1871,  and  renuiined  there  till  the  latter  part  of  April,  1872.    Dur- 
ing my  stay  on  the  islands  I  made  careful  examination  into  the  habits 
and  nature  of  the  seal,  and  also  read  and  studied  the  records  left  by  the 
Eussian  Government  in  relation  to  the  Pribilof  Islands. 

Carlos  G.  Calkins,  being  duly  sworn,  dei)oses  and  saith:  I  am  a  lieu- 
tenant in  the  U.  S.  Navy,  and  have  made  three 
C.  O,  Calkin; p.  104.     cruises  into  Alaskan  waters,  as  follows,  viz,  in  the 
year  1890,  about  the  Bristol  Bay  region  and  the 
Aleutian  Islands  as  far  west  as  Umnak;  in  the  year  1891,  to  the  Pribi- 
lof Islands,  in  Bering  Sea;  and  in  the  year  1892,  from  Kadiak  Island 
to  Prince  William  Sound,  going  as  far  into  Cooks  Inlet  as  Coal  Bay. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


11 


duly 


■t^M 


Lanrtis  Callapa,  beinjj  duly  vsworn,  deposes  and  says:  I  am  about  45 
years  ol<l,  and  am  a  native  5lakah  Indian.     I  re- 
side ou  tlie  reservation  at  the  Neali  Bay  Af^ency,    Lavdia  Callapa,  p.  379. 
COM nty  of  Clallam,  State  of  Wasl)in}>ton,  United 
States  of  America,  and  am,  by  occupation,  a  hunter  and  a  fisherman. 
1  have  been  engaged  in  hunting  seals  all  my  life,  and  have  always  used 
the  si)ear,  and  went  in  cauoes. 

(Jharles  Campbell,  captain  of  the  British  schooner  Umbrina,  bein^ 
duly  sworn,  deposes  and  says:  Have  commanded 
s;ii(l  schooner  the  last  two  years.    Have  been  en     Chaa.  Campbell,  p.  256. 
giigcd  in  sealing  in  the  North  Pacific  Ocean  and 
Bering  Sea. 

Ivan  Oanetak,  Micliaeler  BalashoflF,  Nicoli  Inloo,  Sacar Balashoff, 
Nicoli  Nicoli,  Sacar  Rolyah,  and  Nicoli  l),h)o,Jr., 
being  duly  sworn,  depose  and  say:  We  reside  at  Ivan  Canetaketal.,p. 229. 
tlic  settlement  known  as  Soldovoi,  on  Cookts  inlet, 
Alaska,  and  have  lived  in  the  immediate  neighborhood  all  our  lives. 
We  are,  by  occupation,  hunters  of  all  fur-bearing  animals,  excepting 
the  fur  seal,  which  we  do  not  hunt  because  we  have  been  told  it  is  un- 
lawful. 


■  il 


'':M 


John  C.  Cantwell,  having  been  duly  sworn,  deposes  and  says:  I  am 
a  second  lieutenant  in  the  United  States  iieve- 
nuo  Marine  Service.     I   have  been  on  duty  in   Jno.C.  Cantwell, p.  iOl. 
Bering  Sea  during  the  summer  months  of  the 
years  1884,  1885,  1880,  and  18!)!,  and  have  frequently  been  on  shore  at 
the  Pribilof  Islands  and  in  the  waters  adjacent  thereto;  have  always 
made  it  a  careful  study  and  paid  particular  attentiou  to  the  number  of 
seal,  both  on  the  Pribilof  Islands  and  in  the  waters  of  Bering  Sea. 
Whenever  opportunity  afforded  have  visited  the  rookeries  for  the  pur- 
]M)se  of  photographing  and  sketching  the  animals  and  studying  their 
liabits,  numbers,  ett?.     I  have  boarded  a  large  Tuimber  of  vessels  fitted 
out  as  sealers  and  engaged  in  sealing,  and  have  conversed  with  their 
masters  and  crews  on  the  subject  of  pelagic  sealing. 

James  L. Carthcut,  being  duly  sworn,  deposes  and  says:   lam  79 
years  of  age.    I  reside  in  tiio  city  and  CDunty  of 
San  Francisco.     My  occu[)aMon  is  that  of  a  mas-    Jaa.L.  Carthcut, p.  i09. 
ter  mariner.    I  was  engaged  in  hunting  the  fur 

seals  in  the  Xorth  Pacific  iu  1877  to  1887,  and  during  the  latter  part  of 
the  time  iu  Bering  Sea. 

Chakatt,  being  first  duly  sworn,  deposes  and 
says:  That  he  is  05  years  of  age  and  a  resident  of   Chakatt,  p.  307. 
Aguis;  certifies  evidence  given  by  Dick  or  Eheu- 
chesut  to  be  true. 


Charles  Challall,  being  duly  sworn,  deposes  and  says:  I  reside  in  San 
Francisco;  my  occupation  is  tiiat  of  a  sailor;  I 
have  been  sealing  u|»  tlie  coast  and  in  Bering  Sea    Chaa.  Challall,  p.  410. 
tluce  seasons,  commencing  in  1888  ;ind  ending  in 

18'.t(»;  in  1888  1  went  on  the  VandvrhUt;  we  did  not  go  into  the  Bering 
Sea  that  year;  in  188l>  i  went  ou  the  WhitCj  and  in  181)0  I  went  on  the 
Hamilton,}  they  were  all  sealeib. 


12 


THE    DEPONENTS   AND   THEIR   EXPERIENCE. 


Charlie,  being  duly  sworn,  dei)oses  and  says:  I  am  a  native  Nitnat 

Indian,  and  belong  to  tlie  tribe  of  Indians  on  Van- 

Charlie,  p.  304.  couver  Island,  British  Columbia.     I  am  55  years 

old  am  reside  at  Pachenah  Bay,  on  Vancouver 
Island,  British  Columbia.  I  am,  by  occupation,  a  hunter  and  flshernian, 
and  have  been  so  engaged  ever  since  I  have  been  able  to  paddle  a 
(tanoe  or  spear  a  tish.  I  sealed  out  from  Neah  Bay  in  the  C  C,  Perkins 
in  1891,  and  this  year  I  am  sailing  on  James  O.  Swan.  Until  the  last 
eight  or  ten  years  I  sealed  out  of  Pachenah  Bay  with  my  trib;>.  in  ca- 
noes. We  used  to  seal  in  the  Straits  of  Juan  de  Fuca  and  up  and  down 
the  coast  from  10  to  20  miles  off.  Between  that  time  and  last  year 
I  went  sealing  from  Pachenah  and  sealed  up  and  down  the  coast  be- 
tween Columbia  River  and  Barclay  Sound,  from  20  to  60  miles  off  the 
coast.  I  am  familiar  with  all  the  bays  and  inlets  on  the  west  coast  of 
Vancouver  Island. 

Vassili  Chichinoff,  Timothy  Deraidoff,  Simeon  Reisoff',  Alamphy  Pes- 

tikoff,  Prokopy  Nankook,  Feodore  Anutak,  Evan 

Vassili  Chichinoff etal.,  tirrinoff,  and  Feodore  Crinoff,  being  duly  sworn, 

i>.  218.  depose  and  say:  We  are  residents  of  St.  Paul, 

Kadiak  Island,  Alaska,  and  are  na  tives  of  Alaska, 
Our  occupation  is  hunting  for  fur-bearing  animals,  principally  the  sea 
otter. 

Chillta,  being  lirst  duly  sworn,  deposes  and  says:  That  he  is  a  native 

ti!i(l  resident  of  Aguis;  this  year  lie  and  friend 

Chillta,  p.  308.  went  out  in  cajioe  for  one  and  a  halt  months,  and 

caught  20  seals,  picking  them  up  here  and  there. 

Certifies  that  evidence  given  by  Dick  or  Ehenchesut  is  true. 

Simeon  Chin-koo-tin,  being  duly  sworn,  deposes  and  says:  I  am  60 
years  old;  was  born  and  reside  at  Sitka,  and  am, 
Simeon  Chin-koo-tin, p.  by  occni)ation,  a  seal  hunter;  have  been  engaged 
256.  in  that  business  since  I  was  a  small  boy. 


Julius  Christiansen,  being  duly  sworn,  deposes  and  saith:  I  reside  at 
St.  Pauls,  Kadiak  Island,  Alaska,  and  I  have 
in  the  Territory  for  the  past  ten  years.    I  am  an 
otter-hunter  by  occupation  and  the  owner  of  a 
schooner  engaged  in  that  pursuit. 


Julius  Christiansen,  p. 
219. 


Peter  Church,  being  duly  sworn,  deposes  and  says:  I  was  born  at 

Sitka;  am  22  years  old,  and  am  by  oeeupation  a 

Peter  Church, p.  251.      hunter.    Have  been  engaged  in  sealing  the  past 

four  years  in  the  No.'-th  Pacific  Ocean,  always  in 

the  capacity  of  a  hunter. 

Circus  Jim,  being  duly  sworn,  deposes  and  says:  T  am  about  35  years 

old,  and  am  n  native  .Makah  Indian.     I  reside  on 

Cirous  Jim,  p.  380.         the  Indian  reservation  of  Neah  Bay,  in  Clallam 

Ccmuty,  State  of  Washington,  United  States  of 

America.    I  am  by  occupation  a  hunter  and  fislierman.    I  have  been 

engaged  at  hunting  seals  for  about  seventeen  years.    In  early  times 

and  until  within  the  last  ten  years  I  hunted  seals  with  spears  in  canoes. 

During  the  last  ten  years  I  have  been  sealing  up  and  down  the  coast 

in  schooneis,  but  used  spears  all  the  time.    When  we  used  canoes  gx- 


1 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


13 


»orn  at 

ition  a 

I'  past 

ays  in 


clusivply,  I  used  to  hunt  and  capture  seals  about  liO  miles  in  the  Strait 
ofiSan  Juande  Viivn.  I  first  went  sealing^  in  the  LJeriiijj  Sea  in  the 
James  0.  Sivan  in  1889,  and  went  again  on  the  schooner  Lottie  in  I8i)l. 

Clahowto,  being  duly  sworn,  deposes  and  says  that  he  is  a  resident 
of  the  village  jMchulet,  Barclay  8ound,  and  that 
the  evidence  given  by  Weckeuunesch  is  true.  Clahowto,  p.  312. 

I  am  about 


381. 


James  Clax)lanboo,  being  duly  sworn,  deposes  and  says 
43  years  old,  and  a  native  Makah  Indian.  I  re- 
side on  the  Xeah  Bay  Reservation,  county  of  Clal-  •^o*-  Claplanhoo,p 
lam,  State  of  Washington,  United  States  of  Amer- 
ica. I  am,  by  occupation,  a  hunter  and  fisherman.  I  own  the  schooner 
Lottie,  which  is  of  about  28  tons  burden.  I  bought  the  said  schooner 
about  seven  years  ago.  I  have  been  engaged  in  hunting  seals  about 
twenty-four  years.  In  my  early  days  1  liunted  seals  in  canoes  and 
with  si)ears  in  the  Strait  of  San  Juau  de  Fuca,  and  about  80  miles  off 
Cape  Flattery. 

Clappa,  first  being  duly  sworn,  deposes  and  says  that  he  is  50  years 
of  age;  a  native  and  resident  of  Aguis;  up  to  two 
years  ago  he  hunted  seals;  his  last  hunt  took  place    ciaj>pa,p.  307. 
in  a  schooner  manned  by  twenty  men  and  ten  ca- 
noes; hunted  two  months  and  caught  200  seals.    Certifies  evidence 
given  by  Dick  or  Ehenchesut  to  be  true. 


GX- 


Harry  N.  Clark,  having  been  duly  sworn,  deposes  and  says:  lam 
32  years  old,  a  native  of  Verniont,  and  now  a  res- 
ident of  Vina,  Tehama  County,  Cal.,  and  by  oc-    Hairy  N.  Clark, p.i58. 
('ui)ation    foreman    of    vineyard  cultivation  at 
Governor  Stanford's  Vina  Kanch. 

From  1881  to  1889,  inclusive,!  was  in  the  employ  of  the  Alfiska  Com- 
mercial Conii)any  of  San  Francisco,  OJi  St.  George  Island,  Alaska,  en- 
gaged through  each  sealing  season  as  "boss"  of  a  gang  of  seal  hunters, 
and  in  the  winter,  excepting  that  of  1880  and  1887,  as  teacher  and 
storekeeper  on  that  island. 

My  work  as  the  leader  of  the  '*  sealing  gang"  gave  me  as  perfect 
opportunity  as  could  be  had  for  studying  the  habits  and  peculiarities 
of  the  seal  and  <letermining  the  best  manner  of  caring  for  them. 

The  condition  of  seal  life  was  the  principal  tox)ic  of  discussion  and 
thought  during  the  summer  months,  and  the  only  one  of  jiarticular  in- 
terest. All  became  t\iniiliar  with  it,  and  watched  every  change  in  the 
breeding  grounds  or  number  of  killuble  seals  as  carefully  as  a  farmer 
watches  the  increase  or  decrease  of  his  flocks  and  herds. 

William  Clark,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Klinquan  and  have  lived  there  ever  since;  have 
hunted  fur-seal  nineyears  in  Dixon's  Entrance  and    Wm.  Clark,  p.  203. 
oil"  Prince  of  Wales  Island,  in  and  between  March 
and  June. 

Clat-ka  koi,  of  the  village  of  Toquat  (Barclay  Sound),  and  one  of  the 
chiefs  thereof,  being  duly  sworn,  deposes   and 
says:  That  ho  is  .WA  years  of  age  andbeh)ngsto    ciai-ka-koi,  p.^o:t. 
ilu!  villages  of  Toqual   and  Sechart,  at  present 
residiuif  in  Toquat,  and  is  a  native  of  the  village  of  Sechart     •    •    • 


fTl 


14 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


He  does  not  hunt  seal  in  schooners.    He  began  sealing  in  his  canoe 
just  off  the  west  coast  of  Vancouver  Island,  shortly  alter  last  New 

Year.    *    «     » 
Clat-ka-koi,  p.  306.  [Clat-kakoi  understands  and  speaks  English 

faiily  well.] 

Christ  Clausen,  being  dnly  sworn,  deposes  and  says:  I  reside  at  Vic- 
toria, British  Columbia;  oc('Ui)ation,  master  mnr- 
Christ  Clauten,  p.  319.  iner,  and  am  32  years  of  age.   I  went  seal-liunting 
in  1889  '"    '      - 

Tvpper,  Capt.  Kelly,  master. 
British  schooner  Minnie.    * 
same  vessel. 


,  as  mate  of  the  British  schooner  C.  IT. 

*     *    *     In  1890  I  was  navigator  in  the 

*    *    In  lS9i  I  went  as  navigator  in  the 


Q.  What  is  your  name,  age,  residence,   and  occupation? — A.  My 
name  is  Daniel  Claussen;  age,  32;  I  reside  in 
Daniel  Clauaaen,  p.  411.  San   Francisco  and  am    by  occupation  a  seal- 
hunter. 
Q.  Are  you  a  citizen  of  the  United  States? — A.  I  am;  yes,  sir, 
Q.  What  State  are  you  a  resident  of? — A.  California. 
Q.  Have  you  been  engaged  in  catcliing  seals  in  tlie  Pacific  and  Ber- 
ing Sea,  and  for  how  long? — A.  I  have  been  engaged  in  sealing  in  the 
Pacific  and  in  Bering  Sea  for  the  last  six  years. 

John  0.  Clement,  being  duly  sworn,  deposes  and  s.ays:  I  reside  at 
Sitka;  am  25  years  old.    Have  hunted  seiil  one 
JohnC.  Clement, p. 258.  season  on  tlies(!lu)oner  }f<>Ule  Adamaiw  the  North 
Pacilic  Ocean  and  Bering  Sea. 


m 


Maxwell  Cohen,  being  duly  sworn,  deposes  and  saith :  I  reside  at  Fort 

Alexander,  Cooks  Inlet,  Alaska  Territory,  and  am 

Maxwell  Cohen  ,p.  224.    by  occupation  the  agent  of  the  Alaska  Commercial 

Company  at  this  i)!ace,  where  I  have  resided  for 

the  past  twenty-two  years,  during  which  time  it  has  been  my  duty  to 

collect  and  otherwise  handle  furs  and  skius  of  all  descriptions  for  the 

aforesaid  company. 

Peter  Collins,  having  been  duly  sworn,  deposes  and  says:  I  am  by  oc- 
cupation a  sailor  and  reside  in  San  Francisco.    I 
Peter  Collins,  p.  413.      was  engaged  as  a  boat-puller  during  the  years  1888 
and  1889.    On  botli  trips  I  went  out  on  the  voy- 
age of  the  sealing  schooner  8an  Diego  to  Bering  Sea. 

George  Comer,  being  duly  sworn,  deposes  and  says:  I  am  34  years 
of  age,  and  a  resident  of  East  Haddam,  Conn. 
George  Comer,  jj.  596.     Since  1879  I  have  been  engaged  in  sealing  in  the 
southern  hemisphere  and  was  out  every  year  ex- 
cept two  seasons  up  to  1889.    T  visited  on  these  voyages  Cape  Horn, 
South  Georgia,  the  Islands  (»f  Tristan  d'Acunha,  Coughs  Ishmd,  the 
Crozets  and  Kerguelen  islands.    I  liave  observed  the  habits  of  the  seals 
frequenting  these  h)calities,  and  I  si)ent  fourteen  (sonsecutive  months 
on  one  island,  called  by  us  West  Cliff,  hxalcd  on  the  coast  of  Chile, 
about  100  uiiles  north  of  the  Straits  of  Magellau. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


15 


WasliiDfiton  C  Coulson,  having  been  duly  sworn,  deposes  and  says: 
I  sini  captain  in  the  United  States  Kevenue  Cut- 
tin-  Seivico.  At  present  I  am  in  command  of  the  ^-  C.  Coulaon,p.  4U. 
United  States  revenue  cutter  Rnsh.  I  was  at- 
tached to  the  United  States  revenue  cutter  Xmco?w,  under  the  command 
otCai)t.  0.  M.  Scamnion,  during  the  year  1870,  from  June  until  the  close 
of  the  year,  as  a  third  lieutenant,  and  have  been  an  cflBcer  in  the  reve- 
nue service  ever  since.  In  the  month  of  that  year  I  was  in  the  Bering 
Sea  and  at  the  seal  islands  of  St.  Paul  and  St.  George.  I  went  on 
shore  at  both  islands  and  observed  the  seals  and  seal  life,  the  method  ol 
killing,  etc.  *  *  «  During  the  seasons  of  1890  and  181>1, 1  was  in 
command  of  the  revenue  cutter  Rush  in  Bering  Sea,  and  cruised  ext«'n- 
sively  in  those  waters  around  the  seal  islands  and  the  Aleutian  grouj). 
In  the  season  of  181)0  I  visited  the  islands  of  St.  Paul  and  St.  George 
in  the  months  of  July,  August,  and  September,  and  had  anijde  and 
frequent  opportunities  of  observing  the  seal  life  as  compared  with  1870. 

Leander  Cox,  having  been  duly  sworn,  deposes  and  says:  I  am  62 
years  of  age.    1  am  by  occupation  a  marine  engi- 
neer.   I  reside  in  San  Francisco.    I  first  went  to     Leander  Cox,  p.  416. 
the  Bering  Sea  in  1871,  and  have  been  going  there 
annually  tsiuce  1874.    Daring  the  winter  time  I  have  been  employed 
as  engineer  on  a  passenger  vessel  running  between  here  and  Victoria, 
British   Columbia,  making    occasional   trips    south    to    San    Diego, 
Cal.    *    *    • 

I  am  not  now,  and  never  have  been  in  the  employ  of  the  present 
lessees  of  the  seal  islands. 


Louis  Culler, being  duly  sworn,  deposes  and  says:  I  am  28  years  old, 
and  reside  at  Port  Townsend,  State  of  Washing- 
ton.   I  am  by  occupation  a  civil  engineer.    In  1888     Louia  Culler,  p.  i2i. 
1  shipped  at  Victoria,  B.  C,  as  a  boat  puller  on 
the  sealing  schooner  Oscar  and  Hattie,  Gault,  master.     *     •    *    In 
1889  I  shipped  at  Victoria  as  a  hunter  on  the  sealing  schooner  Maggie 
Mac.    *    *    *    In  June,  1891, 1  shipped  as  a  hunter  on  the  sealing 
schooner  Otto,  Eiley,  master. 

Charlie  Dahtlin,  being  duly  sworn,  deposes  and  says:  I  was  born  in 
Shakan  and  have  lived  here  all  my  life.    Am  a 
vpry  old  man.    Have  been  ft  hunter  all  my  life,   Charlie  Dahtlin, p.  218. 
hunting  both  seal  and  bear,  and  all  kinds  of  land 
animals,  and  have  killed  a  great  many  of  all  kinds.    Have  hunted  seal 
off  the  west  coast  of  Prince  Edward  Island  for  a  number  of  years. 

James  Dalgarduo,  being  duly  sworn,  deposes  and  says:  I  am  a  na- 
tive of  Scotland  and  am  58  years  of  age;  have  re- 
sided in  the  United  States  forty-five  years,  and  jamea  Dalgarduo, p.  36i. 
liave  been  a  naturalized  citizen  forty  years;  I  am 
a  resident  of  Port  Townsend  and  have  resided  in  this  vicinity  for  the 
past  forty  years,  during  which  period  I  followed  the  business  of  tlshing 
and  piloting.  I  have  been  in  the  seal-hunting  schooners  for  a  period 
of  eight  years,  either  as  master  or  owner  of  the  schooner,  and  I  hunted 
in  the  vicinity  of  Cap©  Flattery,  say  30  uiiles  off  the  cape  in  each  diioo* 
tiou. 


H 


lar 


THE  DEP0NKNT8  AND  THEIR  EXPEUIENCE. 


Willinni  Iloaly  Ball,  of  Wasliiiifjtoii,  nforesaid,  beinpf  duly  sworn, 
dpposea  and  says:  That  in  connection  witli  my 

{V.  Jl.  Vail, p.  22.  scientific  .studies  at  Oauibiid^^e,  Mass.,  I  devoted 
nearly  three  years  to  the  study  of  biology,  anat- 
omy, and  medicine;  that  since  completing  my  studies  with  Prof.  Louis 
Agassiz  at  Cand)ri<lgo,  in  the  year  18G3,  I  have  been  enga^ned  in  scien- 
tific work,  and  am  now  a  paleontologist  in  the  U.  S.  Geological  Survey. 
I  first  visited  Hering  Sea  in  the  summer  of  ISO")  as  a  member  of  the 
scientific  corps  of  the  Western  Union  Telegra])h  expedition.  Visited 
the  Aleutian  Islands  and  went  to  St.  Michael,  passing  near  the  Pribilof 
group.  In  the  spring  of  180(1  again  went  to  northern  Alaska,  in  the 
same  cajiacity,  and  remained  there  until  the  fall  of  1808.  In  1807  the 
aforesaid  exjtedition  was  abandoned,  but  I  remained  in  the  country  in 
order  to  continue  my  scientifi<!  investigations,  wintering  on  the  main- 
land. In  the  fall  of  1808  I  made  my  way  back  to  San  Francisco  on  the 
schooner  Francis  Steele,  owiwd  by  the  Pioneer  American  Fur  Company, 
which  had  a  station  at  St.  George  Island,  where  we  stopped  on  our  way 
south,  and  thus  gave  me  a  (chance  to  observe  seal  life  for  several  weeks. 
In  1871  1  Joined  the  U.  S.  Coast  and  Geodetic  Survey  for  the  purpose 
of  carrying  out  a  juoposed  survey  of  the  Aleutian  (thain  of  islands.  I 
was  thus  engaged  from  the  summer  of  1871  to  the  end  of  the  season  of 
1874,  and  during  the  winterofl871-'72  wintered  atUnalaska.  During 
this  period  had  opportunity  to  familiarize  myself  with  aquatic  seal  life, 
and  in  1874  made  a  reconnoissance  survey  of  the  Pribilof  Islands, 
which  afforded  me  an  additional  opportunity  to  observe  seal  life  on  the 
rookeries. 

In  1880  I  again  visited  all  my  former  stations  about  and  in  Bering 
Sea  for  the  puiposc  of  obtaining  magnetic  observations.  This  was  my 
last  opportunity  to  examine  the  rookeries. 

John  Dalton,  having  been  duly  sworn,  deposes  and  says:  I  am  32 

years  of  age.    I  reside  in  San  Francisco.    My 

John  Dalton,  p.  in.      occupation  is  that  of  a  sailor.    I  made  a  sealing 

voyage  to  the  Noith  Pacific  and  P>eving  Sea  in 

1885  on  the  Schooner  AhxmuUr,  of  which  Capt.  J.  F.  McLean  was 

master.    I  was  a  boat-iJuller. 

Alfred  Dardean,  being  duly  sworn,  deposes  and  says:  I  reside  at 
Victoria,  British  Columbia.    My  occupation  for 
Alfred  Dardean,  p.  322.  tlie  last  two  years  hfis  been  that  of  a  seaman.    1 
went  sealing  in  the  schooner  Mollie  Adams  (after- 
wards changed  to  B.  B.  Marvin)  as  boat  puller. 


Frank  Davis,  being  duly  sworn,  deposes  and  says:  I  am  about  66 
years  old,  a  native  Indian  of  the  Makah  tribe,  re- 
Frank  Davis,  p.  383.       side  on  the  Neah  Bay  Eeservation,  in  the  county 
Clallam,  State  of  Washington,  and  my  occupation 
is  that  of  a  hunter  and  fisherman.    1  have  been  engaged  in  seal  hunt- 
ing for  about  seventeen  years.    I  have  always  hunted  in  canoes  and 
with  spears,  and  years  ago  would  kill  a  great  many  seals.    I  was  up 
in  the  Bering  Sea  sealing  in  188it,  and  liave  not  been  there  since.     All 
the  other  years  I  have  been  seal  hunting  along  the  coast  between 
Grays  Htfjbor  and  Barclay  Sound. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


17 


Jeff.  Davis,  being  duly  sworn,  deposes  and  says:  I  am  about  24  ycais 
of  age,  and  am  a  native  Makab  Indian,  and  reside 
on  the  reservation  at  the  Neali  Bay  Agency,  in    jeff  Davii,  p.  384. 
the   county  of  Clallam,  State    of  Washington, 
United  States  of  America.    I  am  a  hunter  and  fisherman.     Since  1870 
I  have  been  engaged  in  hunting  seals  most  of  the  time  in  large  canoes, 
each  canoe  carrying  three  Indians,  who  nsed  spears.    1  sat  in  the  mid- 
dle of  the  canoe  and  was  known  as  the  paddler.   The  one  who  sat  in  the 
stem  steered  the  canoe,  and  the  one  in  the  bow  was  the  hunter.   *    *    • 
I  have  hunted  seals  in  the  Bering  Sea  lor  one  season  only.    1  went 
there  in  the  schooner  Jamo  G.  Swan  in  1889. 


rM 


Joseph  Dennis,  having  been  duly  sworn,  deposes  and  says:  I  re- 
side in  San  Francisco;  my  occupation  has  been 
that  of  seaman  for  the  last  three  years.    I  was    Joseph  Bennia,p,  ii8. 
on  the  Vinderbilt  in  1888,  that  being  the  only  seal- 
ing trip  1  ever  made. 


Dick,  or  Ehencheaut,  first  being  duly  sworn,  deposes  and  says:  That 
he  is  about  40  years  of  sige,  and  one  of  the  chiefs 
of  the  village  of  Aguis,  Barclay  Sound;  is  a  na- 
tive of  this  village,  and  a  resident  of  the  same. 


Dick,  or  Ehendieaut,  p. 
306. 


Hooniah  Dick,  being  duly  sworn,  deposes  and  says:  Born  at  Sitka; 
am  about  40  years  old.    Have  been  living  in  Hoo- 
nah  ten  years,  and  am  now  s  abchief  the  Hoonah     Hooniah  /)icfc,i).258. 
Indians.    Have  hunted  seal  for  three  years  from 
Cross  Sound  to  Yakutat.    •    *    •    Have  traveled  ft'om  Hoonah  to 
Fort  Simpson  and  north  as  far  as  Chilcat   hrough  all  the  channels  and 
sounds  in  southeastern  Alaska,  and  I  come  in  contact  with  the  people 
of  many  tribes  of  Indians. 

George  Dishow,  being  duly  sworn,  deposes  and  says :  I  reside  at  Vic- 
toria, British  Columbia;  am  by  occupation  a  seal 
hunter;  have  been  engaged  in  the  business  six    George DiBliow,p.Z2Z. 
years;  was  on    the  Triumph,,  Favorite,  Penelope, 
two  seasons  on  the  Umbrina,  and  one  season  on  the  American  schooner 
Walter  Bich,  hunting  seal  in  the  Pacific  Ocean,  Bering  Sea,  and  on  the 
Russian  side  of  the  Bering  Sea. 

John  Dohrn,  being  duly  sworn,  deposes  and  says :  That  he  is  a  native 
of  Germany,  and  has  been  engaged  in  seal  hunting 
during  the  present  season  on  the  schooner  Labo-   John  Dohrn, p.  259. 
rador,  of  Vancouver,  British  Columbia,  in  the 
capacity  of  boatpuUer. 

Richard  Dolan,  having  been  duly  sworn,  deposes  and  says:  I  am  55 
years  of  age.    I  reside  in  San  Francisco.    I  am 
by  occupation  a  longshoreman.    I  made  a  sealing   Biohard  Dolan,  p.  418. 
voyage  to  the  North  Pacific  and  Bering  Sea  in 
1885,  on  the  schooner  Alexander,  of  which  Capt.  McLean  was  master. 

James  Henry  Douglass,  being  duly  sworn,  deposes  and  says:  I  am  a 
citizen  of  the  United  States.    I  am,  by  occupation, 
a  master  and  pilot  of  vessels.    My  residence  is  Ja$. H.Douglass, p. ii9. 
Alameda,  Cal.    I  have  had  a  long  experience  sail- 

2bs 


18 


THE  DEPONENTS  AND  THEIR  EXPEKIENCE. 


■;■»! 


Ing  in  the  North  Pacific  and  Boring  Sea.  I  went  to  the  soal  islands  in 
Bering  Sea  over  twenty  years  ago,  and  liave  been  tliere  njany  times 
subHequently  wliile  in  tlie  emi»loynientoftho,  Goveriunent.  From  1-SS2 
to  1888  I  cruised  consecutively  in  Bering  Sea  as  i>ilot  on  the  revenue 
cutters  Ritsh  and  Cortcin,  and  was  often  on  the  seal  islands,  our  vessel 
being  frequently  anchored  offshore  in  the  adjacent  waters.  I  had 
abundant  opportunity  and  leisure  to  watch  the  habits  of  the  fur-seals, 
both  on  the  Pribolof  Islands  and  in  the  waters  of  the  Northwest  Pacjihc 
Ocean  and  Bering  Sea.  •  *  *  I  am  familiar  with  the  area  and 
topograi)hy  of  the  various  rookeries  on  the  islands. 


John  DuflF,  being  duly  sworn,  deposes  and  saith:  I  reside  at  Coal 
Point,  on  Kachoniak  Bay,  Cook's  Inlet,  Alaska, 
John  Duff, p.  227.  and  have  lived  in  the  Territory  for  the  last  five 

years.  1  am  the  agent  for  the  Cooper  Coal  and 
Commercial  Company  at  this  place,  and  have  no  personal  knowledge  of 
fur-seal  life.  *  •  •  I  have  traveled  extensively  through  the  Terri- 
tory from  Sitka  to  the  Yukon  liivor. 

Peter  Duffy,  having  been  duly  sworn,  deposes  and  says:  I  am,  by 
occupation,  a  seaman.    1  reside  in  San  Francisco. 
Peter  Duffy,  p.  421.        I  was  in  the  Bering  Sea  in  1884  and  1885  on  board 
the  Sea  Otter,  of  which  Capt.  Williams  was  mas- 
ter.   I  was  a  boat  puller. 

William  Duncan,  being  duly  sworn,  dei)08es  and  says:  I  am  GO  years 

of  age;  I  have  resided  in  British  Columbia  thirty 

WilUam  Duncan,  p.  279.  years  and  at  Ncw  iMctlakalitla  five  years,  and 

iiiive  always  been  with  the  Tsimshean  Indians, 
both  in  British  Columbia  and  Alaska.  The  Tsimsheans  are  great 
hunters  of  fur-seal. 

Echon,  being  duly  sworn,  deposes  and  says:  Am  about  50  years  old 

and  was  born  at  Shakan.    Have  lived  there  all 

Echon,  p.  219.  my  life.     Am  a  hunter    by  ocou])ation.     Have 

hunted  soal  in  the  summer  time  and  land  game 

in  the  winter.    Have  hiuited  seal  off"  Prince  of  Wales  Island  in  the 

spring. 

Ellabush,  being  duly  sworn,  deposes  and  says:  I  am  about  30  years 

of  age,  and  am  a  native  Makah  Indian,  and  reside 

Ellabuth,  p.  385.  on  the  Neah  Bay  Reservation,  in  the  county  of 

Clallam,  State  of  Washington,  United  States  of 

America.    I  commenced  sealing  in  canoes  along  the  coast  and  in  the 

Straits  of  San  Juan  de  Fuca  about  fifteen  years  ago,  and  have  always 

hunted  seals  with  s])ears  until  recently.    *    #    *    About  two  years 

ago  I  began  to  hunt  with  guns. 

M.  C.  Erskine,  having  been  duly  sworn,  deposes  and  says:  I  am  55 
years  of  age.    I  reside  in  San  Francisco,    I  am  a 
M.  C.  ErsMne,  p.  421.    master  mariner  by  occupation.    I  have  been  going 
to  the  Bering  Sea  twenty-four  years.    I  went  first 
to  the  seal  islands  in  April,  1808,  and  have  been  going  there  ever  since, 
visiting  the  islands  every  year  until  1890.    I  have  been  cruising  along 
the  coast  from  here  to  the  Aleutian  Islands,  and  have  had  an  oppor- 
tunity of  asceitaining  the  habits  of  the  seals.    *    •    •    j  have  been 


^ 


THE   DEPONENTS   AND   THEFR   EXPERIENCE. 


19 


4 


for  the  past  twenty-four  years,  and  am  now,  employed  by  the  Alaska 
Couimerciiil  Company,  the  lonner  lessees  of  the  st'iil  islands,  and  my 
opportunity  for  gathering  the  facts  herein  set  forth  has  been  of  the 
most  favorable  character,  both  at  the  seal  ishiuds  as  well  as  in  the 
Bering  Sea.  I  am  not  now  and  never  have  beeu  in  the  employ  of  the 
present  lessees  of  the  seal  islands. 

Elias  Esaiasson,  being  duly  sworn,  deposcth  and  saith:  I  reside  at 
the  settlement  known  as  Soldovoi,  on  Cooks  In- 
let,  Alaska,  and  have  lived  in  the  immediate    Eliaa  Emiataen, p.  230. 
neighborhood  four  years.    I  am  a  miner  and  juos- 
pect^)r  by  occupation,  and  have  no  knowledge  of  or  experience  in  fur- 
seal  life  above  the  iulet. 

George  Fairchild,  having  been  duly  sworn,  deposes  and  says:  I  re- 
side in  San  Francisco.    I  am  a  sailor  by  occipa- 
tion.    I  made  a  sealing  voyage  to  the  ]S()rtIi  I'a-    George  Fairchild,  p.  i23, 
cific  and  Bering  Sea  on  the  (Sadie  Clyde,  of  which 
Capt.  Dockerty  was  master.    I  was  a  boat-puller. 

Samuel  Falconer,  being  duly  sworn,  deposes  and  says:  I  am  61  years 
of  age,  and  am  now  a  wool-grower  by  occupation, 
^ly  residence  is  Falconer,  AIcLean  County,  State  Samuel  Falconer, p.  163. 
of  North  Dakota.     In  18G8,  during  the  month  of 
October,  I  went  to  Sitka,  being  located  there  as  deputy  collector  of  cus- 
toms, in  which  position  I  remained  until  Se])tember,  1869. 

I  then  was  employed  until  Se])tember,  1870,  as  purser  on  board  the 
steamer  Constantine,  plying  monthly  between  Port  Townsend  and  Sitka. 
In  October,  1870,  having  been  appointed  assistant  Treasury  agent  for 
the  seal  islands,  I  proceeded  to  said  islairds,  and  from  that  time  until 
August,  1870, 1  remained  constantly  in  charge  of  St.  George  Island, 
excepting  during  the  winter  of  1874-'75.  For  a  few  days  during  eacu 
one  of  these  years  I  visited  the  Island  of  St.  Paul,  never  remaining 
there  for  any  length  of  time,  however.  It  was  necessary,  in  order  that 
I  might  fullill  the  duties  of  my  office  as  agent,  to  make  a  very  careful 
and  lull  study  of  seal  life,  my  observations  being,  of  course,  confined 
to  St.  George  Island,  and  I  thereibre  examined  the  rookeries  and  their 
occupants  with  the  particular  purpose  of  acquainting  myself  with  the 
habits  and  peculiarities  of  the  Alaska  fur  seal,  and  I  endeavored  to 
verify  all  my  observations  by  particularly  interrogating  the  natives  on 
the  islands  as  to  each  doubtful  point. 

F.  F.  Feeny,  a  resident  of  Long  Island,  St.  Paul  Harbor,  Kadiak 
Alaska,  being  duly  sworn,  saith:  I  have  resided 
in  Alaska  over  twenty  years.    I  am  owner  and    F.  F.  Feeny,  p.  220. 
captain  of  a  huntingand  trading  schooner.    I  have 
been  along  the  coast  from  Unimak  Pass  to  Sitka.    I  have  never  hunted 
fur  seal  regularly,  but  have  killed  them  when  I  came  across  them. 

Vassili  Feodor,  being  duly  sworn,  deposes  and  saith:  I  am  a  native 
of  Alaska,  and  reside  at  the  settlement  known  as 
Soldovoi,  on  Cooks  Inlet,  Alaska,  where  I  have    Vasaili  Feodor, p.23Q. 
lived  all  my  life.    I  am  by  occni»ation  a  hunter  of 
all  fur-bearing  animals  except  the  fur  seal,  which  I  am  told  it  is  un- 
lawful to  kill. 


i 


m 


Hi.';'. 


i.f. 


20 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


Herbert  V.  Fletcher,  being  duly  sworn,  deposes  and  ways:  I  sun  n 
citizen  of  Randolph,  Vt.,  whei'e  1  have  had  my 

H.  V.  Fletcher,  p.  105.  home  nearly  all  my  life.  I  am  by  trade  a  machin- 
ist and  blacksmith,  and  by  occupation  a  farmer. 

In  1882  I  went  to  St.  Paul  Island  in  the  service  of  the  Alaska  Com- 
mercial Company  as  their  chief  mechanic,  and  remained  there  two 
years  and  fcmr  months,  including  the  seabng  seasons  of  1882, 1883,  and 
1884.  During  such  season  of  each  of  these  years  I  was  employed  a 
considerable  i)ortion  of  the  time  in  the  annual  seal-killing,  and  at  other 
times  ..^y  work  took  me  irequently  to  the  \'arious  parts  of  the  island, 
so  that  in  the  course  of  my  stay  there  I  became,  as  all  do  who  live 
there  a  year  or  more,  very  familiar  with  everything  pertaining  to  the 
seals. 

George  Fogel,  having  been  duly  sworn,  deposes  and  says:  I  am  52 
years  of  age.    I  reside  in  San  Francisco.    My  oc- 
Geo.  Fogel, pA2i.  nation  is  that  of  a  merchant.    I  have  been  in- 

terested in  sealing  sdiooners  for  four  years  prior 
to  1892.  I  se"*^  "^.it  the  C.  11.  White  and  Kdtc  Manning  to  the  Bering 
Sea  and  North  Pacific.  *  *  *  i  fitted  out  the  schooner  Cygnet  in 
1874,  which  was  one  of  the  first  sealers  to  go  to  the  15cring  Sea.  •  • 
*     In  1870  I  sent  a  vessel  to  Chilaway,  otf  the  coast  of  Chile. 

William  Foster,  a  resident  of  St.  Paul,  Kadiak,  Alaska,  being  duly 

sworn,  deposed  and  said:  lama  hunter.    Have 

Wm.  Foster,  p.  220.         b(?en  in  Alaska  eighteen  years.    Have  been  from 

Icy  Bay  to  Unalaska.    I  have  never  hunted  fur 

seal  until  last  year. 

C.  L.  Fowler,  being  duly  sworn,  de]ioses  and  says :  I  am  46  rears  of  age 
and  was  born  at  Stoneham.Mass.    I  have  been  a 
C.  //.  Foivlcr.p.  25.  resid<'nt  of  the  Pribih)f  Islands  most  of  the  time 

since  1879.  My  occupation  is  that  of  assistant 
agent  of  the  lessees  of  the  islands.  I  have  had  eight  years'  experience 
on  the  sealing  fields  of  St.  Paul  and  St.  George  islands,  and  I  have  a 
practical  knowledge  of  the  habits  of  the  fur  seal  while  on  the  islands, 
and  of  the  methods  used  in  taking  and  preparing  the  skins  for  ship- 
ment. 

Frank,  being  duly  sworn,  deposes  and  says:  I  was  born  on  Queen 
Charlottes  Island,  and  am  now  a  very  old  man. 
Frank,  p.  293.  Don't  know  my  age,     I   have  hunted  fur  seals. 

*  *  *  1  always  hunted  seals  in  Dixons  En- 
trance and  off  Prince  of  Wales  and  Queen  Charlotte  islands  in  March 
and  June. 


MH 


Chief  Frank,  being  duly  sworn,  deposes  and  says:  I  am  the  second 
chief  of  the  Kaskan  Indians.     Was  born  at  and 
Chk'j'  Fran i>,  p.  2S0.       have  lived  in  Kaskan  all  my  life,  and  am  noAV 
a  very  old  man.    My  father  lived  here  before  me. 
My  oc(;ui)ation  has  always  been  that  of  a  hunter.     Have  hunted  fur- 
seal  in  canoes.     Have  always  used  the  shot-gun  for  killing  seal. 

Luke  Frank,  being  duly  sworn,  deposes  and  says:  I  was  bor  i  v\ 
Howkan,  and  have  lived  there  all  my  life;  am  by 

Luke  Frank,  p.  29i.  occupation  a  hunter,  and  have  hunted  fur-seal 
six  yuitrs  of  ui"  J  to;  liav«  always  hunted  in  Dix- 


THE   DEPONENTS 

AND 

THEIR 

EXPERIENCE. 

21 

on's 

Entrance  and 

off  Prince 

of  Wales 

Isl 

and  dn 

L'ing  the 

month 

of 

May 

and  June  each 

year. 

Q.  What  is  your  name,  age,  residence,   and  occupation?— A.  My 
name  is  Luther  T.  Franklin;  age,  35;  residence, 
at  present,  Oakland;  occupation,  seal-hunter.  Luther  T.  Fyanklin, p. 

Q.  Are  you  a  citizen  of  the  United  States? — 425. 
A.  Yes,  sir. 

Q.  What  State  are  you  a  resident  of? — A.  State  of  California. 

Q.  Have  you  been  engaged  in  catching  seals  in  the  Pacilic  and  Be- 
ring Sea? — A.  Yes,  sir. 

Q.  For  how  lonp-  a,  time  have  you  been  so  engaged? — A.  Three  sea 
sons. 

Alfred  Fraser,  being  duly  sworn,  says:  First,  that  ho  is  a  subject  of 
Her  Britannic  Majesty  and  is  52  years  of  age  and 
resides  in  the  city  of  Brooklyn,  in  the  State  of  Alfred  Fm^cr,  p.  554. 
New  York.  That  he  is  a  meniber  of  the  firm  of 
C.  M.  Lampson  «S:  Co.,  of  London,  and  has  been  a  member  of  said  firm 
for  about  thiiteeu  years;  prior  to  that  time  he  was  in  the  employ  of 
said  firm  and  took  an  active  part  in  the  management  of  the  business  of 
said  lirm  in  London.  That  the  business  of  C.  M.  Lampson  &  Co.  is 
that  of  merchants,  engaged  ])rin(ii»ally  in  the  business  of  selling  fur 
skins  on  commission.  That  lor  about  twenty-four  years  the  firm  of  C. 
M.  Lampson  »&  Co,  have  sold  the  great  majority  of  the  whole  number 
of  seal  skins'  sold  in  all  the  markets  of  tlii'  world.  That  while  he  was 
engaged  in  the  management  of  the  business  of  said  firm  in  London  he 
had  personal  knowledge  of  the  character  of  tlie  various  seal  skins  sold 
by  the  said  firm,  from  liis  personal  inspection  of  the  same  in  their  ware- 
house and  from  the  physical  handling  of  the  same  by  him.  That  many 
hundred  thousands  of  the  skins  sold  by  C.  M.  Lampson  &  Co.  have 
physically  passed  tin ough  his  hands;  and  that  since  his  residence,  in 
this  country  he  has,  as  a  member  of  said  firm,  had  a  general  and  de- 
tailed knowledge  of  the  character  and  extent  of  the  business  of  said 
lirm,  although  since  his  residence  in  the  city  of  New  York  he  has  not 
physically  handled  the  skins  disposed  of  by  his  firm. 

John  Fratis,  being  duly  sworn,  deposes  and   says:  I  am  47  ^\ears  of 
age  and  was  b(nn  on  the  JiUdrone  Islands.    1  can 
speak  the  English,  JJussian.  and   Si>anish  Ian-    John  Fratia,  p.  loi. 
guages,  and  1  understand  the  "  Aleut'' as  it  is 
spoken  by  the  natives  of  St.  Paul  Island,  .Alaska, 

I  came  to  St,  Paul  Lsland  in  l.S(i!»,  und  married  a  native  woman  and 
became  one  of  the  ]jeople;  was  made  a  native  sealer  and  have  resided 
here  ever  since. 

From  1859  to  18G1)  1  was  employed  on  whaling  vessels  working  in 
Bering  and  Okhotsk  seas  and  t!u'  Arctic  (Jcean.  1  lia\e  been  along  Hie 
coast  of  Bering  and  Okhotsk  seas,  and  aloi.'g  the  coast  of  Alaska  in  the 
North  Pacific  Ocean  from  Sitka  to  irnalaska.  I  have  woi'ked  on  tlie 
sealing  grounds  at  everything  there  is  to  do,  from  driving  to  clubbing, 
and  lueparing  the  skins  for  slnpment. 

Thomas  Frazer,  being  duly  sworn,  dei)oses  and  says:  1  am  a  native 
of  hlnglaiid,  an  i  am  50  years  old;  have  been  seven- 
teen years  in  the  United  States,  of  whidi  1  am  a    Thoa.  hVczcr,  p-  IJM. 
citizen.    1  am  a  resident  of  Port  Towsend,  and 


K%3RI 


22 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


have  resided  in  this  vi(nnity  during  the  past  seventeen  years.  My 
occupation  is  that  of  seimian,  and  I  have  hunted  seals  oif  Cape  Flattery 
for  sixteen  years.    In  1891  1  was  a  hi.uter  on  board  the  James  0.  Swan, 


of  Port  Towusend. 

William  Frazer,  having  been  duly  sworn,  deposes  and  says:  I  am  22 

years  of  age.    I  reside  in  San  Francisco.    My  oc- 

TVm.  Frazer,  p.  426.      cupatioii  is  that  of  a  laborer.    I  have  made  three 

trips  to  the  Northern  Pacific  and  Bering  Sea 

within  the  last  six  years.    My  first  trip  was  on  the  Charles  Wilson, 

of  which  Cai)t.  Eobert  Turner  was  niastei',  and  theuext  was  in  the  Van- 

(icrhilt,  and  the  last  was  in  the  G.  G.  White. 

Q.  What  is  your   name,  age,  residence,  and   occupationT — A.  My 

Edward  W.  Funcke,  p.  nauic  is  Edward  W.  Fnncke;  age,  27;  residence, 
4'-'7.  at  San  Francisco;  occupation, seal  hunter. 

Q.  Are  you  a  citizen  of  the  United  States 'J — A.  No;  I  am  not. 

Q.  What  State  are  you  a  resident  of? — A.  California. 

Q.  Have  you  been  engaged  in  luitching  seals  in  the  Pacific  and  Ber- 
ing Sea,  and  for  how  long? — A.  For  the  last  five  years;  yea. 

John  Fyfe,  having  been  duly  sworn,  deposes  and  savs  T  reside  in 
San  Francisco.   My  occu])ati()n  is  tl    i  o,  a  sealer. 

Johu  Fyfe,  p.  429.  I  made  a  sealing  voyage  to  the  Nortn  raciflc  and 

Bering  Sea  on  the  schooner  Alexander,  of  Avhich 
David  McLean  was  master.    I  was  a  boat-puller. 

Nicholi  Gadowen,  being  duly  sworn,  deposes  and  says:  I  am  second 

chid  of  the  Killisnoo  Indians;  am  50  years  old; 

NiohoU  Gadowen,  p.  2i^.\)ovn  at  Killisnoo  and  have  lived  there  all  my 

lite;    am  by  occupation    a    herring    fisherman. 

Have  never  killed  a  fur  seal  in  uiy  life.     *    #     *     l  visit  the  diliereut 

parts  of  the  sound  with  my  tribe  when  they  are  making  oil. 

Frank  M.  Gaflhey,  having  been  duly  sworn,  deposes  and  says:  I  am 

iJl  years  old,  an  American  citizen  and  master  of 

FranlcM.  G«/;(ei/,j}.  43().the  schooner  7/rt«coc/i,  owned  byLynde  &llongh, 

of  San  Francisco.  I  am  now,  and  have  been  since 
1879,  engaged  in  fishing  and  seal  hunting.  In  1885  I  made  a  voyage  to 
the  Galapagos  Islands  as  master  of  the  schooner  Dashittf/  Wave,  arriv- 
ing there  on  the  3((th  ot  August  and  remaining  until  the  8th  day  of 
December  of  the  same  year.  *  #  *  During  the  past  winter  I  have 
made  a  second  voyage  as  master  of  the  schooner  Hancock  to  the  south- 
ern  waters,  in  search  t»f  seals.    *    #     *     i  ]iave  been  sailing  to  the 


Alaska  coast,  chiefiy  to  the  Shniuagin  Banks,  in  the  codfish  trade  since 
l87ii,  and  as  master  of  a  vessel  since  188,'}.  1  iiave  made  in  ail  some 
twenty-five  or  thirty  voyages,  usually  between  April  and  October. 

George,  the  son  of  Klotzklotz,  being  duly  sworn,  deposes  and  says:  I 
belong  to  the  (Jhilcat  tribe  of  Indians  and  reside 
A/d/'TT'i?"  ""^  ^'^'"*'  '^*  <^^l»il<">t.;  am  about .%  years  old.    1  trade  with 
''^"''V'-'   •  fii(,  iiit(!iior  Indians   and  up  the  coast  through 

Bytin  Canal,  and  down  the  coast  as  far  as  WraJigel  anu  Stikeen.  Never 
killed  a  fur-seal  in  my  life. 


? 


: 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


23 


Sea 


Chad  Georpe,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Neah  Bay,  and  have  lived  there  all  my  life;  am  27 
years  old ;  have  been  a  seal  hunter  ever  since  I  was     chad  George,  p.  365. 
a  small  boy.    Have  spent  three  seasons  in  Bering 
Sea.    For  the  last  eight  years  1  have  been  engaged  as  hunter.    Spent 
tlie  three  seasons  in  Bering  Sea  on  the  schooners  Alfred  Adams  and 
Lottie. 


Charles  Gibson,  being  duly  sworn,  deposes  and 
says:  I  am  33  years  old;  was  born  in  British  Co- 
lumbia, and  now  live  at  Port  Chester.  I  have 
hunted  seal  in  canoes  in  Queen  Charlotte  Sound. 


Chaa.  Gibson,  p.  281. 


Thomas  Gibson,  having  been  duly  sworn,  deposes  and  says:  I  am  a 
sailor  and  seal  hunter  by  occupation.     1  reside  in 
San  Francisco.    I  have  been  engaged  in  soiding     Thoa,  Gibson,  p.  i3L 
for  ten  s.:ason8.    My  first  voyage  was  nbout  1881, 
wlien  I  went  out  in  the  San  Di&io,  of  which  Capt.  Baynard  was  master. 
We  sailed  from  this  ]K)rt:  1  sl!ii»po(l  as  a  hunter.    *    *    *    "xiie  next 
trip  1  made  was  in  1883,  when  i  went  out  in  the  American  schooner 
Lookout,  of  which  Capt.  Kelly  was  master.    *    *    *    In    1883  I  went 
out  in  the  American  schooner  Mari/fle  Leo,  of  whi(;h  Capt.  Wentworth 
WHS  master.    *    *     *     In  1884  I  went  out  in  the  American  schooner 
Mt/er.    *     *    *     In  188r)   i  wont  in  the   Knglish  schooner  (^njcr.     In 
1880  I  went  in  the  American  schoouei'  Alger.    *    *    *     In  1887  I  went 
in  the  English  schooner  Avtive.     *     *    *     ]n  1888  I  went  (mt  in  the 
linglisli  schooner  liom  Lee.    *    *    *    In  1890  I  went  out  in  the  C.  O. 
White. 

Henry  A.  Glidden,  being  duly  sworn,  deposes 
and  says:  I  reside  at  Albion,  in  the  State  of  New    h,  a.  Glidden  p.  109. 
Yorli,  am  01  years  of  age,  a  lawyer  by  proiession, 
and  am  not  in  tlie  employ  of  the  United  States  Government.     I  was 
api)ointed  special  Treasury  agent  in  cliarge  of  the  seal  islands  under 
Secretary  Folger.    On  May  31,  188U,  I  arrived  c?i  St.  Paul  Island,  and 
remained  there  until  June  8,  1885,  ordy  returning  once  to  the  States  to 
pass  the  winter  of  1883-'84.     I  was  located  the  entire  time  on  St-.  Paul 
Island.     During  my  exjjerieMce  there  I  examined  carefully  the  rookeries 
on  the  island,  as  was  necessary  in  connection  with  my  duties  as  special 
Treasury  agent,  and  incidentally  studied  seal  life  on  the  islands. 

Charles  J.  Gott",  of  Clarksburg,  W.  Va.,  being 
^ly  sworn,  deposes  and  says:  lam  45  years  of    cha».  J.  Goff,  p.  111. 
age.     During  the  years  1889  and  1890  I  occupied 

the  position  of  special  Treasury  agent  in  charge  of  the  Pribilof  Islands. 
I  was  located  on  Ht,  Paul  Island,  only  visiting  St.  George  Island  occa- 
siojuiUy.  About  tii*  1st  of  June,  1S80,  1  arrived  on  St.  Paul  Ishhid 
and  remained  there  unl  il  October  12,  1889,  when  I  returned  to  San 
I'jaucisco  for  the  winter.  Again  went  to  the  islands  in  1890,  arriving 
there  about  the  last  week  in  May  and  remaining  until  August  12, 1890. 
Since  that  time  I  have  never  been  on  the  islands.  My  principal  ob- 
servations as  to  seal  life  uj)on  the  islaiuls  were  confined  to  St.  Paul 
Island,  as  1  only  visited  St.  George  Island  occasionally. 

During  my  first  year  on  the  islands  the  Alaska  Commercial  Company 
was  the  lessee  tliereof,  and  duiing  my  second  year  th'}2«} or th  American 
Commercial  Company. 


24 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


Gonastut,  being  duly  3worn,  deposes  and  says:  I  am  30  years  old. 
I  was  born  at  Kodiak  and  live  at  Yakutat  and 
belong  to  the  Yakutat  tribe  of  Indians.  Am  a 
hunter  by  occupation.  Have  killed  a  few  fur-seal. 


Gonastut,  p.  238. 


James  Gondowcn,  being  duly  sworn,  deposes  and  says:  Am  30  years 

old;  born  at  Killisnoo  and  reside  at  Sitka.    Am 

Jaa.  Gondowen,p.  259.    by  occupation  a  hunter,  hunting  seal  every  sum 

mer  and  deer  every  winter  since  I  was  a  small  boy. 

Hunted  one  season  on  schooner  Sitka.     Have  hunted  seal  between 

Sitka  and  Cross  Sounds. 


mi 


I 


ii«t 


Hi      I 


U\ 


f 


li  '• 


1  -• 


I! 


Kassian  Gorloi,  a  native  and  resident  of  Atka,  56  years  of  age,  be- 
ing duly  sworn,  deposes  and  says:  I  am  chief  of 
Eataian  Gorloi,  p.  212.    the  native  settlement  at  Atka,  and  have  lived  on 
this  and  neighboring  islands  all  my  life.    I  am  a 
hunter  of  sea-ottor  an.d  foxes  by  occupation,  and  have  never  hunted  the 
fur-seal  as  a  regular  thing. 

George  Grady,  having  been  duly  sworn,  deposes  and  says:  I  am  28 

years  of  age.     I  reside  in  San  Francisco.    My 

Geo.  Grady, p.  433.        occupation  is  that  of  cook  on  board  of  vessels.    I 

went  to  the  Bering  Sea  in  1889  upon  the  Laura, 

from  Victoria,  as  a  cook. 

E.  M.  Greenleaf,  being  duly  sworn,  deposes  and  says:  I  have  resided 
in  Victoria,  British  Columbia,  since  1884.     My 
E.  M.  Greenleaf, p.  324.  occupation  i.s  that  of  a  seafaring  man  and  have  a 
commission  as   master  mariner.    Was  shipping 
agent  in  this  port  for  three  years.    In  1891 1  went  on  a  sealing  cruise 
as  master  of  the  schooner  Mountain  Chief.    *    *    *    i  was  interested 
in  the  schooner  Sarah  W.  Hunt,  that  made  a  voyage  from  New  York 
to  the  South  Atlantic  in  1882-'83  on  a  sealing  venture.    *    *    *    Since 
then  I  have  been  interested  in  the  sealing  business,  and  am    rell  ac- 
quainted with  it,  and  the  men  engaged  in  it  and  the  methods  they  em- 
ploy.   I  am  acquainted  with  the  hunters  and  masters  who  sail  from 
this  port,  and  board  all  incoming  and  outgoing  vessels  of  that  class. 

Nicoli  Gregoroff,  Peter  Adungan,  Pavel  Shimeakin,  Anton  Kalishni- 

kofl',  Avakoon  Kalislniikoff,  IMiron  Aliman,  Ti- 

P.23T    ^'■*^"''''-^*' "'•'    mofe  Chayha,  Afanasse  Maliok,  Marka  Koosche, 

Giorgi  Agooklook,  Gregory  Aogay,  Makar,  Choo- 
movitsky,  Yakoff  Abakoit,  and  Evan  Choomovitsky,  being  duly  sworn, 
depose  and  say:  We  are  natives  of  Alaska,  and  i-eside  at  Port  Etches, 
Prince  William  Sound,  Alaska,  and  have  lived  in  the  'J'erritory  all  of 
our  lives.  We  are  hunters  of  fur-bearing  animals,  ;iud  are  well  ac- 
quainted with  the  coast  line  of  this  region. 

Arthur  Griffin,  being  duly  sworn,  deposes  and  says:  My  age  is  24 
years,  and  am  by  occupation  a  seafiiring  man  and 
Arthur  Griffin, p.  325.     reside  at  Victoria,  British  Columbia.    On  Febru- 
ary 1 1,  1889,  I  sailed  ft-om  Victoria,  as  a  boat  pul- 
ler, on  tlie  sealing  schooner  ilWc/.    *     *    *     On  .Jimuary  10,1890,1 
sailed  iVom  Victoria  as  a  boat-steerer  in  tlie  srlmoiu'r  Sen  lion.    •    *    * 
1  went  out  sealing  again  thf  same  year  011  th<^  /'.'.  B.  Marvin.    •    •     • 
I  shipped  as  d  l,i»at  sleeier. 


IllH 


fl 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


25 


Ti- 


James  Griffin,  being  duly  sworn,  deposes  and  says:  I  am  22  yearti 
old,  and  live  in  San  Francisco.    I  hunted  seal  last 
year  in  the  schooner  La  Nympha as  boatpuUer.       James  Griffin, p.  433. 

W.  P.  Griffith,  being  duly  sworn,  deposes  and  says  he  is  American 
born,  and  has  been  eugajjed  in  sealing  during  the 
present  season  on  the  schooner  Laborador,  of  Van-    W.  r.  Griffith,^,  260. 
couver,  British  Columbi:i,  in  capacity  of  hunter. 

Joseph  Grymes,  having  been  duly  sworn,  deposes  and  says:  I  reside 
in  Victoria.    My  occupation  is  that  of  a  seaman. 
I  made  a  seahug  voyage  on  the  schooner  Triumph   Joseph  Grymes,  p.  434. 
in  1890,  as  a  boat-puller. 

A.  J.  Guild,  being  duly  sworn,  deposes  and  saith:  I  reside  at  the  set- 
tlement   known    as    Soldovoi,   on    Cooks  Inlet, 
Alaska,  and  have  lived  at  settlements  along  the    a.  j.  Guild,  p.  231. 
coast  between  Sitka  and  Cooks  Inlet  for  the  past 
eleven  years.    I  am  a  miner  by  occupation,  but  formerly  followed  the 
sea.    I  was  for  two  seasons  employed  by  parties  in  Port  Townsend, 
Wash.,  as  a  seaman  on  board  of  sealing  schooners  clearing  from  that 
place. 

Franklin  L.  Gunther,  being  duly  sworn,  says:  I  am  39  years  of  age, 
a  citizen  of  the  United  States  andaresident  of  the 
city  of  New  York.  For  the  past  twenty-three  years  ^gj^'««^"»  ^-  Gunther,  p. 
I  have  been  with  the  firm  of  C.  G.  Gunthei's  Sous,  "* 
and  in  1876  I  became  a  member  of  it.  This  firm  has  been  in  existence 
and  done  business  in  the  city  of  New  York  under  names  very  similar 
to  its  present  name  since  the  year  1820;  it  has  always  carried  on  a 
wholesale  and  retail  fur  business.  It  was  one  of  the  fii  t  firms  to  in- 
troduce seal-skin  garments  into  the  United  States,  and  since  1857  it  has 
constantly  been  engaged  in  placing  them  upon  the  market.  Tt  has  been 
in  the  habit  of  buying  annually  in  London  from  2,000  to  0,000  Alaska 
fur-seal  skins,  and  it  has  handled  v  ^-y  many  more. 

Q.  What  is  your  name,  age,  residence,  and  occupation?— A.  My 
name  is  Charles  G.  Hagman;  age,  4:7;  residence, 
San  Francisco;  occupation,  seaman.  Chas.G.  iTagman,pA35. 

Q.  Are  you  an  American  seaman? — \    I  am. 

Q.  Have  you  ever  been  engaged  in  the  business  of  catching  seals  in 
the  Pacific  or  Bering  Sea? — A.  Yes,  sir. 

Q.  For  how  long  a  ])eriod? — About  oiitht  years. 

Q.  Have  you  been  master  of  a  vessel  than  euy^aged? — A.  Yes,  sir. 

Charles  J.  Hague,  a  citizen  of  the  Uinted  Statos  of  America,  53  years 
of  age,  being  duly  sworn,  deposes  and  says:  1  re- 
side at  Alameda,  Cal.,  and  am  a  nnister  mariner    chas.  J.  Hnijue,  p.  207. 
by  occupation.     1  have  been  cruising  steadily  in 
Alaskan  waters  since  the  year  1878.    I  have  sailed  priii('i])ally  about 
vaviou^  parts  of  the  Aleutian  Islands,  as  fai' west  as  Attn,  to  wiiicli 
island  I  have  made  about  twenty  trii>s  from  Unalaska,  mostly  in  the 
spring  and  fail  of  the  year. 

Henry  Haldane,  being  duly  sworn,  dejjoses  and 
says :  I  am  33  years  old ;  born  in  British  Columbia,    Uawy  Haldant,  p  281. 
ijud  uo-r  resiiU-  at  Ne.v  MetlakaUila. 


26 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


r 


M- 


,v  PI' 


''Mi 


Martin  Haniion,  being  duly  sworn,  dPi)ose8  and  Pays:  I  reside  at 

Victoria,  Britisli  Columbia.     I  am  by  occupation 

Martin  Eannon,  p.  445.  a  seal  hunter.    Have  been  engaged  in  sealing  the 

last  three  years  on  the  British  schoohers  Triumph, 

Walter  Eich,  Borealia,  Umbrina,  and  the  German  schooner  Adele. 

Alexander  Hansson,  having  been  duly  sworn,  dejmses  and  says:  I 
am  34  years  of  age,  a  native  of  Sitka,  Alaska,  and 
Alex.  Hansaon,p.  116.    was  educated  in  the  public  schools  of  California, 
and  afterwards  attended  school  six  years  in  Lovisa, 
Finland,  returning  to  the  United  States  in  1875,  when  18  years  old.    I 
iinir  ediately  took  service  as  second  mate  on  the  schooner  Matthew  Turner, 
and  later  on  the  steamer  Dora,  vessels  ot  the  Alaska  Counnercial  Com- 
])any  sailing  to  Alaska,  and  was  employed  a  greater  part  of  the  time, 
for  two  years  and  a  half,  in  the  Unalaska  district.    In  1886  I  went  to 
St.  Paul  Island  of  the  Pribilof  gioiip,  and  have  since  remained  there 
(!onstantly  from  that  time  until  August,  1891.    I  was  employed  there 
in  various  occupations  in  connection  with  sealing,  but  chiefly  in  hand- 
ling seal-j)lcin3  and  as  as  one  of  the  "  killing  gang,"  and  am  familiar  with 
every  phase  ji  the  business. 


Q.  What  is  your  name,  age,  residence,  and  occupation? — A.  My 
name  is  H.  Harmsen;  age,  38;  residence,  San 
Francisco;  occupation,  nuiriner. 

Q.  Are  you  an  American  citizen? — A.  Yes,  sir. 
been  engaged  in  the  business  of  catching  seals  iu 
Sea? — A.  Certainly, 
period? — A,  Since  1877. 

master  of  vessels  thus  engaged,  or  any  officer  in 
— A.  Yes,  sir ;  since  1880  1  have  been  master. 


//.  Harmsen,  p.  442. 

Q.  Have  you  ever 
the  I'acific  or  Bering 
Q.  For  how  long  a 
Q.  Have  you  been 
any  official  capacity?' 


Alfred  Harris,  being  duly  sworn,  says:  I  am  40  years  of  age,  a  citi- 
zen  of  the  United  States  and  a  resident  of  the 

Alfred  Harris,  p.  529.  city  of  New  York.  For  twelve  years  prior  to  Feb- 
ruary 1,  1802,  I  was  a  member  of  the  lirm  of  Har- 
ris &  Russak,  which  still  does  a  large  wholesale  fur  business  in  the  city 
of  New  Yoik.  I  am  now  associated  with  this  lirm  in  its  business  and 
have  chaige  of  its maiiufacturinj;  department.  I  am  authorized  tosign 
the  firm  name  to  ri»e  annexed  statement,  and  the  reason  why  I  sign  it, 
instead  of  one  of  th<-  partners,  is  that  I  have  a  much  more  intimate 
kn.iwledge  oif  all  branches  of  the  business  than  any  one  else.  We  are 
mauufactiiitsrs  of  furs  or  all  kinds,  and  a  large  [iroportion  of  our  busi- 
ne(?w  consists  iu  the  maajufacture  of  seal-skin  artich'S.  B<'tween  the 
yeiij's  lH?m  and  1800  we  iiandieil  per  annum  on  an  average  12,000  fur- 
seaii  skins  of  the  three  catt:hes.  Between  188;")  and  I ''00  we  Inuidled 
iron  3.5,iHiO  to  40,000  Alaska  skiu*,  whkh  had  beci  dressed  and  dyed  iu 
LoimIou. 


James  Harrison,  IMi^p  Ally  sworn,  deposes  and  says:  I  reside  at 

Tj«-f«>ria.  Brittsh  Columbia,  and  am  by  occupation 

James  Sarrtaon,  p.  326.    ^atarini:  man.     I  have  had  experience  iu  the  seal- 

huutiiig  lasiiuess.  First  went  out  sealing  as  boat- 
puller  along  *1ie  '^•>rthern  Pacnic  rmist  about  the  L'Oth  of  June,  180i; 
sailed  from  ^  i.  l.  riHrishColutubia.  in  the  sciioimt'f  7V/;n;<^/i.  •  •  • 
I  sailed  M^aui  aiuoat  1  ebruary  l:L  L6i)l,  iu  the  sdjim  vessel. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


27 


Jncob  Hiirtlisiink,  beiiiff  (Inly  sworn,  deposes  and  says:  I  was  born 
at  and  have  lived  in  Yakutat  all  my  life.    I  belong 
t<)  the  Yakutat  tribe  of  Indians.    I  am  now  a  very  Jacob  HartHanuk,p.  239. 
old  man.    I  am  by  occupation  a  hunter.    I  have 
hunted  sea-otter,  but  have  never  killed  a  fur  seal  in  my  life.    •    •    • 
I  have  traveled  from  Icy  Bay  to  Sitka  Sound,  and  met  many  Indians 
belonging  to  other  tribes. 

Sam  Hayikahtla,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Yakutat,  and  have  lived  there  all  my  life.    Am 
41)  years  old.    Have  been  hunting  all  my  lile.         Sam  Hayikahtla,  p.  23i>. 


Oapt.  J.  M.  Hays,  being  duly  sworn,  deposes  and  says:  I  reside  in 
San  Francisco,  and  am  by  occupation  master  of  a 
vessel.    Have  been  in  the  employ  of  the  Alaska   j.  m.  Hays,  p.  26, 
Commercial  Company  since  1881,  and  in  the  dis- 
charge of  my  duties  have  visited  annually,  with  one  exception,  tht.  dif- 
ferent trading  posts  on  the  islands  of  the  Aleutian  Archipelago,  and 
on  the  Alaskan  coast  in  the  Bering  Sea,  as  far  north  as  St.  Michiels, 
and  prior  to  1890  I  went  annually  to  the  seal  islands  in  Bering  Sea, 
and  frequently  visited  the  seal  rookeries  on  the  same,    *    ♦    •    1  am 
not  now,  nor  never  have  been  in  the  employ  of  the  present  lessees  of 
the  seal  islands. 


7 


Charley  Uayuks,  ])ping  duly  sworn,  deposes  and  says  that  he  is  a 
resident  of  this  village  and  is  chief  of  police  of 
same.    He  certifies  tliat  the  evidence  given  by    Charley  Hayuks, p.  312. 
Weckenunesch    is   correct.    *     *     *      [Charley 
Uayuks  understands  and  speaks  English  fairly  well.] 

James    Hayward,  being  duly  sworn,  deposes  and  says:  My  age  is  32 
years;  I  reside  at  Victoria,  Biitish  Columbia;  oc- 
cupation, seaman.     1  went  on  a  scaling  voyage   Jameg  Hayivard,  p.  327. 
in  1887  as  boat-stceier  on  the  American  schooner 
Vanderhilt.    *    *     *    In  1888  I  went  in  the  American  schooner  Ghas. 
1).  Wilson    *    *    *    as  boat-steerer.    *    *    *    In  1890  I  went  in  an 
American  schooner  (I  can  not  give  her  name)  as  boat-steerer.    *    *    * 
In  1891 1  went  as  boat-steerer  in  the  -American  schooner  City  of  San 
J  J  lego. 

Capt.  M.  A.  Healy,  having  been  duly  sworn,  deposes  and  says;  lam 
a  citizen  of  the  United   States.    I  am  now  and 
have  been  for  the  last  twenty-live  years  an  oflicer    M.  A.  Hcaly,  p.2l. 
in  the  United  States  Kevenup  Marine  Service,  and 
have  been  on  duty  nearly  all  the  time  in  the  waters  of  the  North  Pacific, 
Bering  and  Arctic  Seas.    For  the  past  six  years  I  have  been  in  com- 
mand of  the  United  States  revenue  steamer  Bear^  prior  to  whjch  time 
I  had  command  of  the  United  States  reveni^e  steamer  Corwin  for  six 
years ;  both  of  which  vessels  were  employed  almost  exclusively  in  navi- 
gating  the  waters  o)'  Bering  Sea,  guarding  the  seal  ivslands,  and  pro- 
tecting the  seals  found  in  those  waters  from  destruction  by  poaching 
vessels  engaged  in  what  is  known  as  pelagic  sealing.    My  first  voyage 
was  made  to  the  seal  islands  in  1809,  and  I  have  cruised  annually  for 
the  last  twelve  years  in  the  Alaskan  waters  about  the  Pribilof  Islands 
up  to  the  prciieut  time.    My  ofiicial  position  and  the  chaxactw  of  my 


28 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


\M 


employment,  as  well  as  natural  inclination,  has  given  me  an  oppor- 
tunity for  familiarizing  myself  with  the  character  of  the  fur-seal  in- 
dustry and  the  habits  of  the  seals,  and  has  also  brought  me  in  contact 
with  many  people  engaged  in  the  hunting  of  the  fur-seals,  and  of  the 
general  methods  employed  in  catching  them. 

Max  Heilbronner,  having  been  duly  sworn,  deposes  and  says:  I  am 
the  secretary  of  the  Alaska  Commercial  Comi)any 

Max  Heilbronner,  p.  509.  of  San  Francisco,  and  as  such  have  custody  of  all 
accounts  of  said  company. 

John  A.  Henriques,  of  New  London,  Conn.,  being  duly  sworn,  deposes 
and  says:  I  am  05  years  of  age,  and  a  captain  in 

J.  A.  Henriques,  T^.  31.  the  U.  S.  Eevenue  Marine,  and  have  been  in  the 
service  for  twenty-nine  years.  In  the  fall  of  1868 
I  was  ordered  to  Sitka,  and  in  the  spring  of  1809  received  instructions 
to  proceed  at  once  with  the  revenue  steamer  Lincoln  to  Bering  Sea  in 
order  to  protect  the  seal  life  from  depredations,  information  having  been 
received  that  seal-skins  had  been  taken  from  the  Pribilof  Islands  by 
unauthorized  persons  during  the  previous  season.  On  the  4th  of  May, 
1801),  I  left  Sitka  for  Kodiak;  on  the  13th  of  May  I  left  Kodiak  pursu- 
ant to  orders,  with  14  men  of  the  Second  Artillery  and  the  commissioned 
ollicer,  Lieut.  Mast.  Thence  proceeded  to  the  Pribilof  Islands,  touching 
at  Unalaska.  On  May  22  I  landed  a  portion  of  the  troops  and  Lieut. 
Barnes,  of  the  Revenue  Service,  with  rations  and  stores,  on  St.  Paul  Is- 
land, one  of  the  Pribilof  group.  The  troops  were  here  landed  for  the 
purpose  of  enforcing  the  United  States  statute  providing  for  the  protec- 
tion of  seal  life.  Lieut-  Barnes  had  charge  of  St.  Paul  Island,  and  no 
seals  were  allowed  to  be  killed,  except  a  sufficient  number  for  the  food 
of  the  natives,  and  these  were  to  be  killed  only  under  the  direction  of 
said  Lieut.  Barnes. 

After  landing  I  called  the  natives  together,  and  through  an  interpre- 
ter informed  them  of  the  pur])ort  of  the  orders  and  directions  of  the 
Treasury  Department  in  relation  to  the  island  and  the  natives  readily 
agreed  to  follow  sueh  instructions.  I  had  heard  from  tlie  natives  that 
seals  were  very  timid,  and  thereupon  ordered  all  the  dogs  on  the  island 
to  be  killed,  which  order  was  executed  within  ten  minutes  after  it  was 
given.  I  further  asked  the  natives  to  surrender  all  firearms  in  their 
possession  until  the  close  of  the  sealing  season,  so  that  the  sound  of 
the  firing  of  the  same  might  not  disturb  the  seals;  this  also  they  im- 
mediately did.  During  the  time  I  was  on  the  island  I  particularly 
noticed  the  care  that  the  natives  took  not  to  disturb  the  seal  rookeries, 
even  warning  some  of  our  party  from  the  use  of  tobacco  in  any  form 
in  the  neighborhood  of  such  rookeries.  On  May  24th  I  landed  Lieut. 
Henderson,  of  the  Eevenue  Marine,  on  St.  George  Island  with  the  re- 
mainder of  the  troops,  their  stores  and  equipments.  Lieut.  Henderson 
was  vested  with  the  sime  authority  on  St.  George  Island  that  Lieut. 
Barnes  had  on  St.  Paul  Island.  Here  I  also  had  an  interview  with  the 
natives  as  on  St.  Paul  Island,  and  they  too,  readily  complied  with  the 
orders  in  relation  to  dogs  and  the  use  of  firearms  above  stated.  Every 
precaution  that  was  possible  was  taken  by  the  Government  officers  to 
protect  the  seal  Wfe  on  the  islands  and  also  to  prevent  the  breeding 
rookeries  from  being  disturbed  in  any  way. 

Q.  What  is  j'^our  name,  age,  residence,  and  occupation? — A.  My  name 
is  William  Ilenson;  I  am  30  years  old:  I  reside 

fVm.  UiiUHon,  p.  4SS.  in  this  city;  I  have  been  occupied  in  seal-hunting 
for  about  eight  yctub. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


29 


Q.  Are  you  a  citizen  of  the  United  States? — A.  Yes,  sir. 

Q.  Wliivt  State  are  you  a  resident  of? — A.  Tlio  State  of  California. 

William  S.  Hereford,  having  been  duly  sworn,  deposes  and  says:  I 
am  39  years  of  age,  and  am  a  physician.    I  hold 
the  «legree  of  B.  S.,  Santa  Clara  College,  S.  J.,    f^-  S.  Hereford,  p.  33. 
year  1874,  also  a  regular  graduate  of  the  medical 
department  of  the  University  of  Pennsylvania,  year  1877 ;  am  a  regu- 
lar i)ractitioner  of  medicine  and  surgery. 

I  entered  the  service  of  the  Alaska  Com.mercial  Company,  August, 
1880,  for  the  purpose  of  being  one  of  the  resident  physicians  on  the 
seal  islands,  and  was  continucmsly  in  their  employ  until  May,  1890,  at 
which  time  I  went  into  the  employ  of  the  North  American  Commercial 
Company  in  the  same  capacity  until  the  latter  part  of  August,  1891, 
having  left  by  resignation.  1  was  in  the  service  of  the  Alaska  Com- 
mercial Com])any  almost  ten  years  attd  with  the  North  American  Com- 
mercial Company  about  fifteen  months,  and  had  a  total  connection  with 
the  seal  islands  a  little  over  ten  years.  Seal  and  seal  life  being  the 
only  and  all-absorbing  topic  of  conversation,  business,  food,  etc.,  equally 
with  the  natives  as  ourselves,  one  naturally  becomes  almost  as  familiar 
with  the  fur-seals  and  their  habits  as  a  farmer  would  with  those  of  the 
cattle  and  horses  on  his  farm,  or  a  hunter  of  the  animals  by  whom  ho 
is  surrounded  in  the  woods,  and  by  the  killing  of  which  he  gains  a  live- 
lihood, both  as  a  means  of  sustenance  and  article  of  commerce. 

In  my  capacity  of  physi(!ian  and  surgeon  to  the  sealing  companies, 
i.  e.,  the  Alaska  Commercial  Company  and  the  North  Ameri(!an  Com- 
mercial Company,  I  was  stationed  the  first  year,  i.  e.,  1880  and  1881,  at 
St.  George  Island,  and  in  1881  and  1882  at  Unalaska,  at  which  time  my 
duties  required  me  to  sail  from  Unalaska  to  Attn,  Belkofskie,  Atka, 
Unga,  etc.  I  have  been  from  Kadiak  to  Attn  and  have  visited  tlij 
way  places  between  those  points.  I  have  also  in  the  same  capacity 
made  three  trips  to  St.  Michaels,  Norton  Sound,  one  of  which  trij)s  on 
account  of  the  ice  carried  me  over  on  to  the  Eussian  coast  and  as  far 
north  as  the  Bering  Straits.  I  have  also  visited  St.  Matthews  Island, 
though  never  having  landed,  passed  by  St.  Lawrence  Island,  etc. 
After  1882  I  was  at  St.  Paul  Island,  with  the  exception  of  ray  vacations 
in  San  Francisco,  Cal.,  until  1890  and  1891,  when  I  was  again  placed 
on  St.  George  Island.  My  knowledge  is  from  personal  observation  and 
experience,  as  well  as  from  conversation  with  the  natives,  having  be- 
come more  or  less  intimately  acquainted  with  the  language  spoken  by 
the  natives  of  the  islands. 

William  Hermann,  being  duly  sworn,  deposes  and  says:  I  am  by 
occupation  a  seal  and  otter  hunter.    My  p'esent 
residence  is  in  San  Francisco.    I  have  been  en-    Wm.  Hermaun,  p.  Ud. 
gaged  in  seal  and  otter  hunting  eleven  years  in 
the  Okhotsk  Sea  and  the  North  Pacific. 


Emin  Hertz,  being  duly  sworn,  deposes  and  says  as  follows:    That 
he  is  42  years  of  age  and  a  naturalized  citizen  of 
the  French  Kepublic;  that  he  lives  in  the  city  of  Emin  Hertz,  p.  587. 
Paris  and  is  a  member  of  the  firm  of  Emin  Hertz 
&  Cie. ;  that  he  has  been  engaged  in  the  fur  business  for  eighteen  years, 
during  which  time  he  has  been  in  the  habit  of  purchasing  seal-slcins; 
that  he  has  personally  handled  many  thousands  ot  said  fur-seal  skins, 
and  that  he  has  a  general  and  detailed  knowledge  of  the  history  of  the 


30 


THE    DEPONENTS    AND    THEIR    EXPERIENCE. 


business  of  (h'silinj;  in  fur  skins  in  the  city  of  I'aiis,  and  tlie  clmriU'tor 
an<l  difference  which  distinji'iiiNli  the  several  idndsot'  slcins  wliicii  are 
on  the  market. 

Tiiat  the  said  firm  of  Kmin  Hert/  &  Cie  has  existed  for  ten  years,  be- 
ing tiie  successors  of  (4oet7.e  &  Cie.,  who  were  <'stal»]ished  sincu'  I.S7.'{, 
trading  in  furs  generally  and  dealing,  e\er  since  tlic  eslal»lislinieiit  of 
the  firm,  in  seal  skins,  undresse<l,  dressed,  and  dyed;  that  their  busi- 
ness is  (tarried  on  at  11  Kue  J3ieu,  in  said  city  of  I'aris. 

Arthur  Hirschel,  being  duly  sworn,  says:  T  am  3fl  years  of  age,  a 
liritish  subject,  and  a  resident  of  London,   Kng- 
Arthur  Hirschel,  p.  5&S.  land.     1  um  and  for  the  past  twenty  years  have 
been  a  member  of  the  firm  of  Jlirsdiel  tit  Meyer, 
which  transacts  a  general  fur  business  at  London,  with  branch  estab- 
lishments at  Paris,  Leipzig,  Moscow,  Shanghai,  and  elsewhere.     About 
one-tenth  i)art  of  the  firm's  business  consists  in  dealing  in  fur  seal  skins, 
of  which  about  15,000  are  an niially  bought  by  it.     i  am  familiar  with  the 
character  and  extent  of  the  fur  seal  industry  in  London,  and  1  believe 
that  the  following  data  relating  to  it  are  correct. 

Norman  Hodgson,  being  duly  sworn,  deposes  and  saith :  I  reside  at 
Fort  Townsend,  State  of  Washington,  and  am  a 

JVorwrtn /7orf<ifson,p.366.  fnr-seal  hunter  by  oecui)ation.  I  have  engaged 
in   that  i)nrsuit  four  seasons,  in  the  years  1<S.S7, 

1888,  1880,  and  IHOl.     I  sailed  in  vessels  clearing  from  Port  Townsend 

two  seasons,  and  in  others  from  Victoria,  British  Columbia,  for  two 

tseascms. 


11  I'' 


Andrew  J.  Hoffman,  p.  Q.  What  is  your  name,  age,  re.siidence,  and 
*'^^-  occupation? — A.   My  name  is  Andrew  .1.   Ilort- 

man;  age,  24;  reshlence,  San  Fi-ancisco;  occu- 
pation, seal-hnnter. 

Q.  Are  you  a  citizen  of  the  LTnited  States? — A.  I  am. 

Q.  What  State  are  you  a  resident  oft — A.  The  State  of  California. 

().  Have  you  beiMi  engaged  in  catiMiing  se.als  in  the  Pacific  and  P>eiing 
Sea,  and  for  how  long? — A.  1  have  been  engaged  in  sealing  there  for 
three  years  last  past. 

E.  Hofstad,  being  duly  sworn,  deposes  and  says:  T  reside  at  Sitka. 

My  present  occupation  is  that  of  a  Kcal-hunter, 

E.  ffofsiad,  p.  260.       Am  at  i>resent  mate  of  the  sealing  schooner  (JIara, 

of  Sitka.    Have  hunted  seal  in  the  >.'orth  J'acilic 

Ocean  for  the  past  three  years. 


O.  Jlobn,  being  duly  sworn,  deposes  and  says:  I  reside  at  What 
E.  Holm,  p.  308. 


com,   Wash.      I   am   part  owner  of  the 
schooner  Challnuie,  and  was  on  board  of  her  last 
season  in  Bei'ing  Sea. 

Edward  Hughes,  being  duly  sworn,  deposes  and  says:  I  am  52  years 
of  age,  and  I  was  born  in  Wales.     I  am  a  citizen 
h'divard  Hiif/hcs,  p.  no.  of  the   United  states,  where  i   have  resided  for 
thirty-five  years, of  which  twentv  eigli|-  yesH'S  \\\\\\y 
been  spent  in  Alaska.     For  eighteen  years  1  liii\e  been  v.uok  or  stew- 
ard on  board  vessels  doing  business  in  the  North  J'acilic  and  in  Bering 
Sea,  along  the  entire  coast  of  Alaska  from  Sitka  to  Norton  Sound  and 


lor 


THE   DISPONENTS    AND   THEIR   EXPERIENCE. 


31 


all  aloiijr  and  around  tlio  Aleutian  lalanda  as  far  west  as  Attu  Island, 
and  also  along  the  coast  of  tSibeiia  as  far  as  Plover  Bay.  In  all  those 
years  I  have  met  and  talked  with  hunters,  tra])perH,  traders,  and  miners, 
whose  business  called  them  into  Alaskan  waters.  •  •  •  l  have 
been  steward  and  cook  at  the  company's  house  for  the  lessees  since 
1882. 

Imihap,  beinp;  duly  sworn,  deposes  and  says  that  he  is  05  years 
old,  and  a  resident  of  Aguis.    Oertilies  evidence     ,  ., 
given  by  Dick  or  Ehenchesut  to  be  true.  imvhap.p.  308. 

Alferd  Irving,  being  duly  sworn,  deposes  and  says:  I  am  about  40 
years  old,  and  am  a  native  Makah  Indian,  and  re- 
side  on  the  Neah    Bay  Keservation,  State   of     Alferd  Irving,  p  386. 
Washington,  United  States  of  America.    My  oc- 
cupation is  hunting  and  fishing,  and  I  am  one  of  the  headmen  of  my 
tribe.    I  am  master  and  one-half  owner  of  the  schooner  Mary  Varlicr. 
I  have  been  engaged  in  hunting  seals  ever  since  I  was  old  enough. 

Q.  What  is  your  name,  age,  residence,  and  occupation! — A.  My  name 
is    Gustave    Isaacson:    age,  4G;  residence,  San    ^    , 
Francisco;  occupation,  hunting  seals.  Onstave Isaacson, p.m. 

Q.  Are  you  an  American  citizen  ? — A.  Yes,  sir. 

Q.  Have  you  ever  been  engaged  in  the  business  of  catching  seals  in 
the  Pacific  or  Bering  Sea? — A.  Yes,  sir. 

Q.  For  how  long  a  period? — A.  I  have  been  principally  occupied  in 
otter  hunting  at  the  beginning  of  the  seasons;  at  short  intervals  I  have 
been  sealing. 

Q.  For  how  many  years  ? — A.  Since  1872;  but  principally  from  the 
other  side,  the  Okhotsch  Sea  side;  since  1884  on  this  side. 

Q.  Have  yoa  been  master  of  vessels  thus  engaged? — A.  Yes,  sir; 
for  eight  years  on  the  Japan  side,  and  one  year  on  this  side. 

Ishka,  being  duly  swoim,  deposes  and  says:  My  age  is  about  GO 
years.    I  am  a  native  Indian  of  the  Mak.ih  tribe, 
and  reside  on  the  reservation  at  the  Neah  Bay     isiil<a,p.^Bl. 
Agency,   in  the   State  of  Washington,  United 
States  of  America.    I  am  by  occupation  a  fisherman.    I  have  hunted 
seals  along  the  coast  ever  since  I  was  old  enough  to  do  so. 

Victor  Jacobson,  being  duly  sworn,  deposes  and  says:  I  am  31  years 
of  age,  by  occupation  a  seal  hunter.  1  reside  at 
Victoria,  British  Columbia.  lam  a  British  sub-  Victor  Jackohson,  p.  929,. 
ject.  Have  been  engaged  in  sealing  for  eleven 
years;  ten  years  as  master.  Am  now  master  and  owner  of  schooner 
Mary  IlUen  and  owner  of  schooner  Minnie.  I  have  sealed  from  Colum- 
bia Itiver  along  the  coast,  north  and  west,  to  the  Aleutian  Islands,  pas- 
sages, and  in  Bering  Sea. 

Hugo  Jaeckel,  being  duly  sworn,  says:  I  am  44  years  of  age,  a  citi- 
izen  of  the  United  States,  and  a  resident  of  the 
city  of  New  York.    I  am  the  present  owner  of  the     Bugo  Jaeckel,  p.  530. 
business  which,  since  the  year  1878,  has  been  car- 
ried on  in  the  city  of  New  York  under  the  name  of  Asch  &  Jaeckel.    I 
have  been  in  tlie  fur  business  since  I  was  10  years  old,  and  am  now  en- 
gaged in  the  wholesale  iiiiiiiiifiictnre  of  furs.    I  do  a  large  business  in 
fur-seal  skins,  and  In  i  w  cell  1883  and  1800  annually. 


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82 


THE  DEPONENTS  AND  THEIR  EXPERIENCB. 


James  Jamicson,  being  first  duly  sworn,  deposes  and  says:  I  am  23 
years  old,  and  am  by  occupation  a  seaman;  I  re- 

Ja$.JamieMn,p.329.     sldc  at  Victoria,  British  Columbia.    In  March, 

1887, 1  joined  the  British  sealing  schooner  Mary 

Taylor.    •    •    •    We  went  on  a  cruise  for  seal;  I  was  a  boat  puller. 

*  •  •  In  January,  1888,  I  joined  the  Mountain  Chief.  •  •  •  I 
was  mate  on  this  vessel.  In  January,  1889, 1  shipped  as  a  boat  steerer 
on  the  British  sealing  schooner  Theresa.  •  •  •  In  January.  1890, 
I  shipped  as  a  boat  steerer  on  the  sealing  schooner  Mollie  Adams. 
•  •  •  in  January,  1891, 1  shipped  as  a  seaman  on  the  British  seal- 
ing schooner  Mascot.  ♦  *  *  I  loft  the  Mascot  and  joined  the  British 
schooner  Venture.  •  •  •  I  shipped  as  a  seaman  and  hunter  on  the 
British  schooner  Venture.  •  •  •  In  February,  1892,  I  joined  the 
British  sealing  schooner  Minnie. 


Q.  What  is  your  n.ame,  age,  residence,  and  occupation? — A.  My  name 
is  Frank  Johnson;  age,  33;  occupation,  master 

Frank  Johnson,  p.  440.  mariner;  residence,  San  Francisco. 

Q.  Are  you  an  American  citizen? — A.  Yes,  sir. 

Q.  Have  you  ever  been  engaged  in  the  business  of  catching  seals  in 
the  Pacific  or  Bering  Seat — A.  Yes,  sir. 

Q.  For  how  long  a  period  ? — A.  About  t«n  years,  off  and  on.    I  have 
been  otter  hunting  some  years;  about  half. 

Q.  Have  you  been  master  of  vessels  thus  engaged? — A.  No,  sir;  this 
will  be  my  first  time  this  year. 

Q.  What  position  did  you  occupy? — A.  Hunter  and  mate  two  years. 


J.  Johnson,  being  duly  sworn,  deposes  and  says:  I  reside  on  Douglas 

Island,  Alaska.    I  have  spent  six  years  of  my  life 

Johnson,  J.  p.  3Si.        sealing.    I    liave  been  sailing    master  of    the 

schooner  San  Diego,  the  Penlope  of  Victoria,  the 

Alia  under  the  German  flag,  the  Eoscoe  of  San  Francisco.    Have  been 

either  master,  mate,  or  hunter  on  all  these  vessels. 

Jack  Johnson,  being  duly  sworn,  deposes  and  says:  I  am  39  years 

old,  and  was  born  at  Tongrass,  and  now  live  at 

Jack  Johnson,  p.  282.     Wrangel.    Am  a  hunter  by  occupation,  and  have 

hunted  fur-seal  in  Queen  Charlotte  Sound,  using 

shotguns  exclusively. 

Selwish  Johnson,  being  duly  sworn,  deposes  and  says :  I  am  about 

30  years  old ;  am  a  native  Makah  Indi.an,  and  re- 

Seiwish  Johnson,  p.  388.  side  at  Neah  Bay,  on  the  Indian  Reservation, 

State  of  Washington,  United  States  of  America. 
My  occupation  is  that  of  hunting  and  fishing.  I  have  been  engaged  in 
catching  seals  ever  since  I  was  old  enough  to  do  so,  and  have  always 
hunted  with  a  spear. 

Johnnie  Johntin,  being  duly  sworn,  deposes  and  says:  I  belong  to 
Klawak,  where  I  was  born.    Am  now  living  at 
Johnnie  Johniin,  p.  282.  Shakan.    Am  by  occupation  ahunter;  have  been 
hunting  seal  and  land  animals  since  a  boy;  have 
always  hunted  seal  off  Prince  of  Wales  Island  in  spring  and  early  sum- 
mer. 


THE  DEPONENTS  AND  THEIR  EXPERIENCS. 


33 


Personally  appeared  before  me,  Thomas  N.  Molloy,  consul  of  the 
United    States  of   America  for  Newfoundland, 
James  Glavine  Joy,  master  mariner  of  St.  Jolms,    Jm.  n.  joy,  p.  591. 
aforesaid,  who  being  duly  sworn  before  me,  upon 
his  oath  says:   1  have  been  twenty-four  years  prosecuting  the  seal 
fishery  on  the  coasts  of  Newfoundland,  Labrador,  and  Gulf  of  St.  Law- 
rence, nine  years  of  which  I  have  connnanded  a  steamer. 

Kah-chuck-tee,  being  duly  sworn,  deposes,  and  says:  I  am  the  chief 
of  the  Hucheuoos.    I  am  a  pretty  old  man.    I 
dou't  do  anything;  am  the  gentleman  of  my  tribe.    Kah-ohuck-tee,  p.  248. 
My  tribe  live  by  ditching  herring,  from  which  they 
make  oil,  and  dispose  of  it  to  the  Indians  of  other  tribes,  which  come 
here  in  large  numbers.    I  have  visited  all  the  inlets  and  islands  in 
Ohatham  Sound  and  other  parts  of  Alaska  as  far  as  Sitka. 

Percy  Kahiktday,  being  duly  sworn,  deposes  and  says:  Am  48  years 
old;  was  born  at  and  reside  in  Sitka.      Have 
hunted  seal  every  sununer  since  1  was  a  small  boy.    p.  Kahiktday, p.  261. 
Have  never  been  to  Boring  Sea. 

Samuel  Kahoorof,  a  native  of  Attn  Island,  52  years  of  age,  being 
duly  sworn,  deposes  and  says:  I  am  a  hunter  of 
the  sea-otter  and  blue  fox,  and  have  lived  in  this    saml.  Kahoorof, p.  2U. 
vicinity  all  my  life.    Have  never  hunted  the  fur- 
seal.    Our  hunting  grounds  are  about  Attn,  Agattu,  and  the  Semichi 
Islands. 

Philip  Kashevaroflf,  being  duly  sworn,  deposes  and  says.    Am  47 
years  old;  born  at  and  reside  in  Sitka.    Am  by 
occupation  a  mariner.    The  last  year  I  spent  hunt-    p.  Kashnaroff,  p.  261. 
ing  seal  on  the  schooner  AUie  Alger. 


Kaskan,  being  duly  sworn,  deposes  and  says :  I  belong  to  the  Chil- 
cat  tribe  of  Indians.    I  have  traded  with  other 
tribes  up  Lynn  Canal  and  as  far  north  as  the   KaHkan,p.2i1, 
Yukon  Eiver,  and  down  the  coast  as  far  as  Wran- 
gel. 

King  Kaskwa,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Ilowkan,  and  r"side  there.    Have  lived  tliere  all 
my  life,  and  am  now  a  very  old  man,  about  65   King  Kaakwa,p.  295. 
years  old.    My  occupation  is  that  of  a  hunter. 
Have  hunted  fur-seals  thirteen  years  or  more.     Have  always  hunted 
them  in  Dixons  Entrance  and  oft  Prince  of  Wales  Island  between  March 
and  June. 


li 


'11 


Jim  Kasooh,  being  duly  sworn,  deposes  and  ways:  I  was  born  at 
Howkan  and  have  lived  there  all  my  life.    Am 
about  45  years  old.    I  am  by  oc(.'upation  a  hunter,  jim  Kasooh,  p.  296. 
Have  hunted  fur-seal  for  eight  years.    Always 
lumted  in  Dixons  Entrance  and  oil'  Prince  of  Wales  Island  in  May  and 
June. 

3bs 


;[ 


34 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


James  Kean,  having  been  duly  sworn,  deposes  and  says:  I  reside  in 
Victoria, British  Columbia;  my  occupation  is  that 

./as.  iTcan,  J).  448.  of  a  seaman  and  seal  hunter.    I  first  went  seal- 

hunting  in  1889  on  tlie  schooner  Oscar  and  Mattie. 
•    •    In  1890  I  went  out  in  the  Walter  Rich. 


li 


Albert  Keetnuck,  being  duly  sworn,  deposes  and  says:  I  am  27 years 

old.    Was  born  and  live  at  Killisnoo.   Make  her 

Albert  Keetnuvk,  p.  250.  ring  oil,  (!ut  wood,  and  grow  potatoes  and  turnips. 

Tlie  herring  oil  I  make  I  sell  to  other  Indians,  and 

the  potatoes  and  turni])s  I  disiwse  of  to  the  white  men  anmnd  the 

sound,  and  sell  the  wood  to  the  fish  company.    My  business  calls  me 

away  from  this  place  to  the  different  inletsand  islands  aroundChatham 

Sound.    *    •    *    The  Indians  who  buy  my  fish  oil  belong  to  tribes 

who  live  long  distances  away. 

James  Kennedy,  having  been  duly  sworn,  deposes  and  says:  lam 

now  residing  in  San  Francisco.     My  occupation 

Jaa.  Kennedy,  p.  449.     is  that  of  a  sailor.    I  went  to  the  North  Pacific 

and  Bering  Sea  on  the  schooner  Matfgie  Ross,  of 

which  Captain  OLscn  was  master,  in  the  early  part  of  May,  1884.    I 

shipped  as  a  boat-puller. 


Mike  Kethusduck,  being  duly  sworn,  deposes  and  says:  Am  50 years 
old:  was  born  at  and  reside  in  Sitka;  ani  by  oc- 

Mike  Kethusduck,  p.  2Q2.cuiytit\on  a  ImntiiVy  have  hunted  seals  every  sea- 
son since  I  was  a  small  boy. 


George  Ketwooschish,  being  duly  sworn,  deposes  and  says:  Am  30 
years  of  age;  born  in  and  have  lived  at  Killisnoo 
Geo.  KeiwoosehiHh,p.25i.i\\\  my  life.    Belong  to  the  Thlinket  tribe  of  In- 
dians.   I  am  a  herring  fisherman  by  occupation. 
I  make  herring  oil  which  I  sell  to  the  i)eople  of  other  tribes  along  the 
coast.    They  come  a  long  distance  to  buy  it  of  me.    I  visit  all  the  is 
lands  and  rocks  in  following  my  business,  in  Chatham  Sound. 

Kickiana,  being  duly  sworn,  deposes  and  says:  That  he  is  20  years 
of  age;  is  a  native  of  Sechart  village,  and  a  son 

Eickiana,  p.306.  of  Clat  ka-koi.    Last  year  he  went  north  in  the 

shooner  Ariel,  and  spent  one  and  one-half  months 
in  Bering  Sea. 

[Kickiana  understands  and  speaks  English  fairly  well.] 

James  Kiernan,  having  been  duly  sworn,  deposes  and  says:  I  am  a 

master  mariner  by  imifession,  an«l  a  resident  of 

Jas.  Kiernan,  p.  449.      California.    I  have  been  engaged  in  seal  hunting 

since  1843.    My  first  voyage  was  from  Newi)ort, 

R.  I.,  to  the  east  coast  of  South  America,  at  Lobos  Island,  oft"  the 

mouth  of  the  river  Platte,  at  Castillos  Island,  and  on  the  east  coast  of 

Patagonia.    Afterwards  I  went  to  the  Falkland  Islands,  ti>  the  South 

Shetland  Islands,  and  to  the  west  coast  of  Patagonia.    In  those  days 

we  killed  the  seals  on  land  with  clubs,  but  all  those  rookeries  have  since 

been  destroyed  tlirough  the  constant  hunting  of  the  seals.   Afterwards  I 

came  to  Calitbrnia  and  nnule,  my  first  seal-hunting  voyage  in  the  North 

Pacific  in  18(»8,  and  in  more  recent  years  in  Bering  Sea.     I  have  given 

much  attention  to  the  study  of  seal  life,  as  well  as  to  the  methods  of 


THE   DEPONENTS  AXD  THEIR   EXPERIENCE. 


85 


Imnting  in  tlie  sea,  and  the  consequent  effect  of  this  upon  the  possible 
externiiuation  of  the  seal.  •  •  •  The  last  vessel  I  went  out  in  was 
the  Sophie  Sutherland,  during  the  season  of  1891.  I  went  as  sailing 
master. 

Louis  Kimmcl,  being  duly  sworn,  deposes  and  says:  I  am  a  resident 
of  Lafayette,  Ind.,  and  am  03  years  of  age.    Dur- 
ing the  years  1882  and  1883  was  the  assistant   Louia  Kimmel,  p.  113. 
Treasury  agent,  located  on  the  St.  George  Island, 
of  the  Pribilof  group.    I  arrived  on  the  island  May  31, 1882,  and  re- 
mained there  continuously  until  the  latter  part  of  July,  1883. 

While  on  the  island  I  studied  the  habits  of  the  fur-seals  in  order 
that  I  might  be  able  to  perform  my  offlc'al  duty. 

Francis  Robert  King-Hall,  being  duly  sworn,  deposes  and  says:  I 
am  a  subject  of  Her  Britannic  Majesty,  late  of  the  ■    wy    d-     u  it 

Eleventh  Hussars,  a  son  of  Sir  William  King-  -£2"'^  Evig-Haii, 
Hall,  K.  c.  B.,  admiral  in  the  British  navy.  I  am 
35  years  of  age,  a  journalist  by  profession,  residing  in  New  York  City. 
In  1891,  as  a  correspondent  of  the  New  York  Herald,  I  was  detailed  to 
investigate  into  the  methods  of  pelagic  sealing.  I  proceeded  to  Victo- 
ria, arriving  about  the  25th  of  June,  and  procured  passage  on  board 
the  sealing  schooner  Otto. 

Kinkooga,  being  duly  sworn,  deposes  and  says:  I  was  born  at  Yak- 
utat  and  have  lived  there  all  my  life.    I  am  about 
40  years  old,  I  think.    By  occupation  I  am  a     Kinkooga,  p.  240. 
hunter;  have  killed  a  few  fur-seal  in  my  life. 

Charlie  Klananeck,  being  duly  sworn,  deposes  and  says :  I  was  bom 
at  Sitka,  and  am  now  a  very  old  man;  have      ^,.    ,.    „,  , 

lived  at  Wrangle  twenty   years;  have   been  a  063       "  ^'«"«"ecA:,  p. 
hunter  all  my  life.    A  long  time  ago  I  hunted  seal 
with  a  spear,  but  of  late  years  have  used  the  shotgun. 


James  Klonacket,  being  duly  sworn,  deposes  and  says:  I  was  bom  at 
Klinquan,  and  have  lived  at  Howkan  a  great 
many  years.    1  am  now  a  very  old  man  and  am  a     •'<"•  Klonacket,  p.  283. 
hunter  by  occupation ;  have  hunted  fur-seal  for 
twelve  seasons  off  Prince  of  Wales  Island. 

Konkonal,  being  duly  sworn,  deposes  and  says:  I  am  one  of  the 
headmen  of  the  tribe  of  Neltuskin  village;  am 
00  years  of  age;  w.as  born  at  and  have  lived  at   Konkonal,  p.  251. 
Killisnoo  all  my  life;  have  always  made  it  my 
business  to  catch  herring  and  make  oil,  which  I  have  disposed  of  to 
Indians  of  other  tribes,  who  come  a  long  distance  to  buy  it. 

Robert  Kooko,  being  duly  sworn,  deposes  and  says:  I  Avas  born  in 
Victoria,  British  Columbia;  moved  from  Victoria 
to  Howkan,  Alaska,  when  I  was  a  small  boy;    Robot  Kooko, p.  2Q6. 
have  hunted  fur-seal  for  three  years  in  Dixons 
Entrance  and  off  Prince  of  Wales  Island  in  the  month  of  May. 

Frank  Korth,  being  duly  sworn,  deposes  and  saith :  I  reside  at  Port 
Etches,  Prince  William  Sound,  Alaska,  and  have 
lived  in  the  Territory  for  the  lant  eight  years.    I    *VaMfc  Korth,  p.  23£<. 
am  the  agent  for  a  fur-trading  company  at  this 


m   %M  I 


i  { 


i 


36 


THE   DEPONENTS  AND  THEIR  EXPERIENCE. 


place,  but  never  had  any  i)ersonal  experience  in  fur-seal  liuntinfi".  I 
am,  however,  well  acquainted  with  the  coast  of  Alaska  from  Prince 
William  Sound  to  Uniniak  Pass. 

Jacob  Kotchooten,  beinpr  duly  sworn,  dojxtses  and  says:  I  am  a  na- 
tive of  St.  Paul  Island,  Alaska,  and  I  am  40  years 

Jacob  Kotchooten,  p.  isi.ot'  i\ge.  I  am  a  native  sealer,  and  have  worked 
among  seals  on  St.  Paul  Island  all  my  life. 

John  Kowineet,  being  duly  sworn,  deposes  an<l  says:  Am  48  years 

old;  born  at  ami  reside  in  Sitka;  occupation,  a 

John  Kowineet, p. 26^.     hunter;  have  hunted  seals  every  season  since  I 

can  remember. 
C.  F.  Emil  Krebs,  having  been  duly  sworn,  deposes  and  says:  I  am  a 
native  of  Libau,  Pussiu,  49  yenrs  old,  and  an 
C.  F.  Emil  lirehs, i>.  !94.American  citizen, duly  naturalized, snid  a  resident 
of  San  Francisco,  Cal.    I  first  went  to  Alaska  in 
18G9  for  the  American- Ilussiau  Commercial  Company  of  San  Fran- 
cisco, and  was  stationed  at  Atka  as  a  fur-trader,  where  I  remained  two 
years.     In  1871  I  entered  the  service  of  Hutchinson,    Kohl  &  Co., 
lessees  from  Kussia  of  the  right  to  take  seals  upon  the  Commander 
Islands,  and  was  idaced  in  eliargeof  Coi)per  Island  of  this  group,  and 
80  remained  constantly  tor  ten  years,  until  1881,  without  once  leaving 
niy  post  of  duty.    In  this  position  the  liabits  of  the  seals,  the  condition 
of  the  rookeries,  tiie  best  methods  of  obtaining  seal-skins  for  market, 
and,  in  general,  everything  in  ami  about  the  business  of  my  employeis 
on  the  island,  received  my  careful  nnd  constant  attenti(ui. 

Personally  appeai^ed  before  me,  Ivan  Krukott",  who,  being  duly  sworn, 
deposes  and  says:  I  am  40  years  of  age,  a  native 

Ivan  Krukoff,  p.  208.  of  the  Aleutian  Islands,  and  have  lived  in  the  vil- 
lage of  Makusliin  all  my  life. 


Nicoli  Krukoff,  being  duly  sworn,  deposes  and  says:  I  am  43  years 

of  age,  and  was  born  at  Sitka,  Alaska.    I  can 

NicoU  Krukoff, p.  132.    read  and  sjxak  the  liussian,  Aleut,  and  English 

languages.     I  came  to  St.  Paul  Island  in  1869, 

and   have  been  here  ever  since,  constantly  employed  among  the  fur 

seals,  and  I  have  had  daily  experience  in  all  the  branches  of  the  busi- 

lu'ss,  from  driving  the  seal  to  preparing  the  skins  for  sliipuient,  and  I 

am  at  present  tlu'  second  chief  on  St.  Paul  Ishiud,  to  which  position  I 

was  appointed  in  1891. 

Aggie   Kushin,  being  duly  sworn,  deposes  and  sajs:  I  was  born  at 
Simshoe,  Kurile  Islands,  and  am  37  years  of  age. 
Jggie  Kushin,  p.  128.     I  came  to  St.  Paul  Island  in  1867,  and  have  resided 
here  ever  since.    I  can  read  and  write  in  the  Rus- 
sian aiul  Aleut  languages,  aiul  am  able  to  interpret  the  one  into  the 
other;  and  I  understand  the  English  language  fairly  well.    At  present 
and  for  several  years  past  I  am  assistant  priest  in  the  Creek  Catho- 
lic Chureh.      My  occupation  on  the  island  is  that  of  native  sealer, 
aiul  I  have  been  such  since  1870.    1  have  a  thorough  knowledge  of  the 
taking  of  fur  seals  for  skins  in  all  its  details  as  it  has  been  done  ou  St, 
Paul  Island  since  1870. 


mm 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


37 


Olaf  Kvain,  being  duly  s«V()rn,  deposes  and  saitli:  1  reside  on  Green 
Island,  in  Prince  William   S<>un(l,   Alaska,  and 
have  lived  in  the  Territory  for  the  last  10  years,    oia/  Hvam, p.  235. 
I  am  a  mariner  by  occupation,  but  of  late  years 
have  been  engaged  in  hunting  fur-bearinganimals. 

George  Lacheek,  being  duly  sworn,  deposes  a-ul  says:  Am  40  years  of 
age;  born  at  and  live  in  Sitka.    Am  by  occupa- 
tion seal-hunter  in  summer  and  deer-hunter  in 
winter.     Have  hunt«'d  seal  every  season  sin(!e  a 
small  boy.    Have  always  hunted  off  Sitka  Sound. 


George  Ladurk,  p.  2(>l. 


James  Laflin,  having  been  duly  sworn,  deposes  and  says:  I  am  GO 
years  of  age.  I  have  resided  in  San  Francisco 
the  last  forty  two  yeiivs.  1  am  by  occupation  •''«'"«8i«y?'",y>- 451. 
shipping  agent  for  the  last  fifteen  years,  and  fit  out  all  the  wlialing 
fleet  that  leave  this  port.  All  the  men  go  through  my  oflice.  Have 
fitted  out  forty-seven  whalers  this  year  and  have  three  more  in  port  to 
be  fitted  out.  1  also  lit  out  sealing  schooners — abcmt  twelve  to  four- 
teen each  year.  I  have  also  owned  one  third  interest  as  managing 
owner  in  two  sealing  vessels.  I  handle  and  pay  off  over  1,600  seamen 
each  year  in  the  whaling  fleet  alone.  I  also  handle  and  ship  a  great 
many  men  on  the  sealing  vessels.  1  often  converse  with  the  masters  of 
the  vessels  relative  to  the  fur  seal. 

Andrew  Laing,  being  duly  sworn,  deposes  and  says:  I  am  42  years 
of  age;  residence,  Victoria,  British  Colnmbia; 
occupation,  trader.  I  went  out  as  trader  on  the  '"''"''■*'"'  ^''""^'  P-  •*^- 
IV.  P.  ISayicard,  of  which  I  was  part  owner,  in  the  years  of  1882,  1883, 
1884,  1885,  188(5,  1887,  1889,  and  181>0.  In  1888  I  went  as  mate  on  the 
Favorite,  my  boat  having  been  seized  the  year  before  by  the  revenue 
cutter  Rush,  but  was  finally  released,  so  th.at  I  went  in  her  again  in 
1889  and  1890.  *  •  *  Prior  to  1886  I  nor  my  vessel  had  ever  been 
in  the  Bering  Sea  hunting,  but  Inul  cruised  along  the  coast  each  year 
from  the  Columbia  Uiver  to  Kadiak  Island,  and  then  returned  to  Vic- 
toiia  and  had  caught  seals  in  greater  or  less  numbers  each  year;  but  in 
1886  and  each  year  thereafter,  (excepting  1891,  I  have  not  only  sealed 
on  the  coast,  but  have  also  been  in  the  Bering  Sea  hunting  seals. 

My  vessel  went  to  the  liering  Sea  in  1891,  but  I  did  not  go  with  her. 

Sir  George  Curtis  Larai)son,  baronet,  being  duly  sworn,  doth  depose 
and  say:  (1)  That  he  is  .58  years  of  age  and  a  sub- 
ject of  Her  Britannic  Majesty.  Tliat  he  is  the  sou  Sir  G.  C.  Lamj)iion,p.  5G4. 
and  successor  of  the  late  Sir  Curtis  Lam])son,  baro- 
net, who  founded  the  house  of  C.  M.  Lani])son  about  the  year  1830.  That 
deponent  is  at  the  present  time  the  head  of  the  lirm  of  C.  M.  Lampson 
«&  Co.,  doing  business  at  04  Queen  street,  in  the  city  of  London.  That 
the  business  of  said  firm  is  that  of  commission  merchants,  engaged  in 
selling  and  in  buying  on  commission  fur  skins  of  various  kinds.  That 
his  said  firm  now  handle  and  for  many  years  last  past  have  handled  a 
greater  number  of  skins  of  fur-seals  than  all  the  other  firms  in  the 
world  put  together,  and  tliat  he  has  a  general  knowledge  o*"  the  char- 
acter of  the  business  of  buying  and  selling  fur  seal  skins.  That  his 
partner,  Mr.  Emil  Teichmann,  has  a  more  detailed  and  technical  knowl- 
edge of  the  business  than  deponent,  and  can  depose  in  respect  to  the 
technical  aspects  of  the  business  in  more  detaii  and  with  greater  ac- 
curacy than  depoDUit  would  wish  to  do. 


38 


THE  DEPONKNTS  AND  THEIR  EXPERIKNCE. 


lli: 


•    •    •    Cap  .  A.  W.  LavoiKler,    •    •    boin^  duly  Hworn,  depoflm 

aii<l  says:  I  am  4!>  years  of  a^'«*,  a  citizen  of  the 
J.  W.  LnveH(ier,p.  2C5.  United  .States,  and  a  resident  <»f  Scotland,  South 

Didvota.  I  am  now,  an<l  have  been  for  two  years 
past,  employed  as  special  ajfent  of  the  Treasury  Department,  assigaed 
to  duty  as  agent  in  charge  of  St.  George  Island. 

Edwsird  Nighl  La wson,  being  duly  sworn,  deposes  and  Raith:  I  re- 

„  -.  ,  _„,      side  at  St.  Piinis,  Kadiak  Island,  Alaska,  and  have 

L.  N.  Lairmn,  p.  221.    jj^,^.^^  j„  ^,,^.  r|Y.,.rJt,„.y  f,,,.  ^]^^  p.j,,^  twelve  years. 

I  am  a  sea-otter  hunter  by  occupation  and  am  well  acquainted  with  the 
northwest  coast  from  San  Francisco  to  Unalaska. 

In  the  years  1878  and  1870  I  was  employed  as  a  fur-seal  hunter  on 
board  the  schooners  Favorite  and  Onirard,  res])ectively,  both  of  Vic- 
t;oria,  British  Columbia;  and  in  the  years  1884  and  1885  I  was  engaged 
in  the  same  ciapacity  on  the  schoonei's  Teresa  and  San  Diego,  respec* 
tively,  both  hailing  from  San  Francisco,  Cal. 

Isaac  Lenard,  being  duly  sworn,  deposes  and  saith:  I  reside  at  Bel- 

017      kofsky,  Alaska  Territory.    I  have  been  a  sea-otter 

Uaac  Lenard,  p.  2U.     i,m,tg,.  f^^j.  tbrty  years,  and  have  occasionally 

raided  the  Kussia  sea  islands. 


James  E.  Lennan,  being  duly  sworn,  deposes  and  saith:  I  reside  at 
Port  Townseiid,  State  of  Washington,  and  am  by 

Jas.  E.  Lenrtan,  p.  AM.  occupation  master  an<l  pilot  of  steam  vessels  in 
the  waters  of  the  Pacific  (Jcean  coastwise  to  the  Bering  Sea.  1  have 
had  eighteen  years'  exi)erience  in  the  waters  of  Alaska,  and  am  well 
accpuiinted  with  the  Northwest  ('oast  from  San  Francisco  to  Attn  Is- 
land, including  Bering  Sea  and  its  coast  line.  I  have  sailed  as  master 
of  trading  and  supply  vessels  for  a  number  of  years  in  Alaska,  and  in 
the  year  1887  was  master  of  a  sealing  schooner  clearing  from  Victoria. 

George  Liebes,  having  been  duly  sworn,  dei)ose8  and  says:  My  age 
is  25.    I  reside  in  San  Francisco.     I  am  a  furrier  and  dealer  in  dressed 

and  raw  furs  bv  occiipation.    1  have  been  engaged 
George  lAches,  p., M.     j„  ^,,.,j^^  business  tor  the  last  six  years.     I  have 

been  going  to  Victoria  for  the  last  two  years  for  the  i)urpose  of  buying 
both  land  and  sea  furs.  In  18*.)0  1  examined  14,000  fur-seal  skins  that 
were  brougiit  down  on  a  tender  from  Sand  Point,  Alaska. 

Herman  Liebes,  being  duly  sworn,  says:  First.  That  he  is  50  years  of 
age  and  resides  in  the  city  of  San  Francisco,  Cal. 
Ilennan  Uchcs,  p.  512.    That  he  has  been  in  the  fur  business  since  he  was 
13  years  of  age,  and  established  in  his  own  busi- 
ness in  San  Francisco  in  the  year  18G4.    Tliat  he  first  began  to  buy  seal- 
skins in  the  year  1805. 


Isaac  Liebes,  having  been  duly  sworn,  deposes  and  says:  I  reside  in 
San  Francis«o,  Cal.    1  am,  .and  have  been  for  the 

Isaac  Liehex,  p.4o^.  ^.^^^^  t;\enty-tliree  years,  by  occu])ation  a  fur  mer- 
chant, during  which  time  I  have  handled  more  raw  fur-seal  skins  than 
any  other  individual  in  the  United  States  or  Canada,  and  more  than 
any  firm  or  corporation  except  the  lessees  of  the  sealeries  of  the  Pribilof 
and  Commander  islands.  I  claim  to  be  thoroughly  acquainted  with  all 
kinds  of  seal-skins,  and  &om  all  the  diii'ereut  localities,  oud  can  readily 


THE   DEPONKXTS   AND    THKIIf    KXl'KKIENCE. 


39 


distinguish  one  from  theotlu^r.  1  am  also  tliorou<;h1y  familiar  with  the 
modeuf  captiiriii^  tlu*  seals,  both  on  laud  and  in  tiie  water,  and  in  hand- 
ling, packing,  and  ship])ing  the  skins.  My  business  as  a  manufacturer 
of  furs  has  also  nuide  me  equally  familiar  with  the  dressed  and  dyed 
seal-skins.  The  greater  ])art  of  the  raw  sealskins  whieh  have  passed 
through  uiy  hands  were  I'rom  seals  captured  at  seii,  and  it  is  with  this 
feature  of  seal-hunting  that  I  am  more  especially  familiar.  1  speak 
from  personal  obsi-rvation  and  exjjerient'e  in  describing  the  marine 
sealing  fleet  aud  the  business  of  marine  seal  hunting. 

Sidney  Liebes,  having  been  duly  sworn,  deposes  and  says:  My  age  is 
22.    I  resi<le  in  San  Francisco,  and  am  by  occujia- 
tion  a  furrier,  having  been  engaged  in  that  busi-     sidnen  i.iebea,p.  516. 
ness  for  the  last  .six  years.    1  have  made  it  my 
business  to  examine  raw  seal-skins  brought  to  this  city  for  sale,  and 
am  familiar  with  the  different  kinds  of  seal-skins  in  the  market,    lean 
tell  from  an  examination  of  a  skin  whether  it  has  been  caught  on  the 
Kussian  or  American  side. 

James  Lighthouse,  being  duly  sworn,  deposes  and  says:  I  am  a  na- 
tive Indian  of  Makali  tribe,  and  resi«le  at  Neah 
r>ay,  on  the  J ndiau  Reservation,  in  the  State  of  Jas.  Lighthauae,  p.  SSa. 
Washington,  United  States  of  America.    1  am 
about  55  years  of  age,  and  my  occu[»ation  is  that  of  hunting  and  Ash- 
ing.    I  am  the  owner  cf  tlie  sclioonei-  C.  C.  rcrkin^.    I  have  been  en- 
gaged in  sealing  and  lishing  ever  since  1  was  old  enough  to  do  so. 
*    *     *     I  have  always  sealed  in  the  Stniit  of  San  .luan  de  Fuca,  and 
around  Cape  Flattery,  and  up  and  down  the  coast  from  Barclay  Sound 
to  the  Columbia  River.     1  commenced  going  north  to  Barclay  Sound 
about  ten  years  ago. 

Caleb  Lindahl,  having  been  duly  sworn,  deposes  and  says:  I  am  40 
years  of  age.    I  reside  in  San  Francisco.    My  oc- 
cupation is  that  of  a  sealer.     I  first  went  sealing    Cahb  Lindahl, pA56. 
in  the  Bering  Sea  in  1890  on  the  Mattie  T.  Dyer. 
I  was  empl<)yed  as  a  hunter. 

E.  W.  Littlejohn,  being  duly  sworn,  deposes  and  saith :  I  reside  at 
San  Francisco,  Cal.    I  am  a  sea-otter  and  seal 
hunter  by  occupation,  and  am  now  master  of  the    e.  W.  Littlejohn, p,i57. 
schooner  Pearl,  which  is  engaged  in  sea-otter  hunt- 
ing.   1  have  had  eight  (8)  years  exi)erience  in  this  pursuit  in  the  waters 
along  the  Alaskan  coast. 

John  N.  Lofstad,  having  been  duly  sworn,  deposes  and  says:  I  am 
48  years  of  age.    1  reside  in  San  Francisco.    1  am 
by  occupation  a  derJer  in  furs  and  fur  goods.     I    John  N.  Lofi<tnd,p.  516. 
have  been  in  the  bu^.ness  for  twenty-eight  years, 

during  which  time  I  have  bought  large  numbers  of  <lressedaiul  undressed 
fur  skins,  and  I  am  thoroughly- familiar  with  the  business. 

William  H.  Long,  being  duly  sworn,  deposes  and  says:  I  am  by 
occupation  a  seaman,  and  liave  followed  the  sea 
for  the  last  fifty  years.    I  have  been  mate  and    wuhamn.  Long,p.A5l. 
master  of  vessels.    For  the  last  four  years  I  have 
not  been  to  sea.    In  1885  I  was  hunter  on  board  the  schooner  Lookout} 


i  I 


40 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


in  1880  1  wa8  mate  of  her;  in  1887  I  was  master  of  hor.    I  was  engaged 
during  these  years  in  seal  and  otter  hunting  in  the  Bering  Sea. 

Abial  P.  Loud,  being  duly  sworn,  deposes  and  says:  I  am  a  resident 
of  Hampden,  Mo.,  and  am  .55  years  of  age.    On 
Abial  P.  Loud,  p.  VI.     April  4,1885,  I  was  appointed  special  assistant 
Treasury  agent  for  the  seal  islands,  and  immedi- 
ately started  for  the  islands,  arriving  at  the  island  of  St.  Paul  on  May 
28  or  30.    Spent  that  season  on  St.  Paul  Island,  and  returned  for  the 
winter  to  the  States,  leaving  the  islands  on  the  18th  of  August.    Went 
back  again  next  spring,  arriving  there  in  the  latter  part  of  May,  and 
remained  until  August,  1887,  on  St.  Paul  Island.    Spent  the  season 
of  1888  and  1889  on  St.  George  Island,  returning  in  the  fall  of  1880  to 
the  States.    In  1881)  I  spent  some  time  in  the  fall  on  St.  Paul  Island. 
On  whichever  island  1  was  located  I  always  kept  careful  watch  and 
mode  frequent  examination  of  the  rookeries  during  this  entire  period. 


Tho8.  Loire,  p.  371. 

am  30  years  of  age. 
a  hunter  and  have 


Thomas  Lowe,  being  duly  sworn,  dejmsos  and  says:  I  apeak  the 
English  language  fairly  well,  and  can  interi)ret 
the  Chinook  and  Indian  languages.  I  am  a  half- 
breed  Indian  and  belong  to  the  Challam  tribe,  and 
I  reside  on  Whidby  Island,  and  am  by  oceui)ation 
been  engaged  in  hunting  seals  for  the  last  eight 
years.  I  went  to  the  Bering  Sea  in  1889,  on  the  schooner  James  G. 
Swan,  and  again  in  1891  on  the  schooner  Lottie.  These  two  seasons 
are  the  only  ones  in  which  I  have  been  in  the  Bering  Sea.  During  the 
other  seasons  I  sealed  in  the  Strait  of  San  Juan  de  Fuca  afid  along  the 
coast  between  the  Columbia  Kiver  and  the  northern  end  of  Vancouver 
Island. 

Q.  What  is  your  name,  age,  residence,  and  occupation  ? — A.  My  name 

is  Charles  Lutjens;  I  am  50  years  of  age;  I  reside 

Chaa.  Lutjena,  p.  458.     in  this  city,  and  am  by  occupation  a  seal  hunter. 

Q.  Are  you  a  citizen  of  the  United  States? — 
A.  Yes,  sir. 
Q.  What  State  are  you  a  resident  of? — A.  The  State  of  California. 

Thc^'.ds  Lyons,  having  been  duly  sworn,  deposes  and  says:  I  reside 

in  San  Francisco.    My  occupation  is  that  of  a  sea- 

Thoa.  Lyona,  p.  460.       man.    On  the  24th  of  February,  1887,  I  left  the 

port  of  Victoria,  Briti.sh  Columbia,  on  a  sealing 

voyage  to  the  North  Pacitic  and  Bering  Sea.    I  went  on  the  schooner 

Triumph,  of  which  Capt.  Cox  was  master.    I  was  engaged  as  a  boat 

puller. 

George  McAlpine,  being  duly  sworn,  deposes  and  says:  I  reside  at 
Juneau.    Spent  the  last  season  on  the  Allie  I. 
George  McAlpine, p.266.  Alger,  hunting  seal,  as  boat-steerer. 

Charles  B.  McOlennen,  being  duly  sworn,  says:  I  am  36  years  of 

age,  a  citizen  of  the  United  States,  and  a  resident 

Charlea  E.  McClennm,ot  Albany,  in  the  State  of  New  York.    I  am  a 

I»-517.  director  iti  the  George  C.  Tresidwell  Compmy, 

the  corporation  referred  to  in  the  affidavit  of 
George  H.  Treadwell,  verified  this  day.  I  have  been  in  the  fur  business 
for  about  eight  years,  and  during  that  time  I  have  handled  many  Air-seal 
skins  in  all  their  conditions. 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


41 


J.  D.  McDuiiivld,  being  duly  sworn,  deposes  and  says:  1  reside  at 
Sitka.    Own  and  (tonunaiid  tlie  sealing  schooner 
Adi'rnture.    Am  by  oceupation  a  miner  and  liun-    J-  D. McDonald, p.2ea. 
ter.    Have  been  engage«l  in  sealing  two  years. 
Have  hunted  from  8an  Francisco  to  Kadiak. 

H.  H.  Mclntyre,  of  Itandjilidi,  Orange  Coujity,  Vt.,  on  being  duly 
sworn,  d«'i)os«'s  and  says,  concerning  the  fur-seals 
of  Alaska,  and  matters  relative  thereto,  as  follows :    H-  H-  Mclnii/re,  p.  40. 
1  am  a  native  of  Vermont,   48  years   old,  <'om- 

missioner  from  Vermo!it  to  the  \V«)rld's  Columbian  Exposition  of  1803, 
etc.  In  the  years  1808  and  18(»!)  I  was  special  United  States  Treas- 
ury agent,  assigned  to  duty  in  Alaska,  and  from  1870  to  1889,  inclusive, 
superintendent  of  the  seal  tisherics  of  Alaska  for  the  lessees.  I  spent 
ten  months  as  special  Treasury  agent,  fnnn  Kovendter,  18t!8,  to  August, 
180!>,  in  inquiry  concerning  the  fur-seal  hshcries  then  recently  aequirecl 
from  Kussia,  with  a  view  to  advising  the  (lovernment  of  the  United 
States  what  disposition  should  bennideof  them,  and  to  this  end  visited 
all  the  principal  points  along  the  northwest  coast  of  the  American  con- 
tinent fnmi  Vancouver's  island  to  the  most  westerly  island  of  the 
Aleutian  Ardiipelago,  the  I'ribilof  group,  and  points  along  the  Bering 
Sea  coast. 

As  superintendent  of  the  seal  tisheries  1  visited  the  seal  islands  twi<'e 
in  the  summer  of  1S70;  reniained  constantly  thereon  from  Ajjril,  1871, 
until  September,  1872,  and  theieafter  went  to  the  islands  every  summer 
from  1873  until  18S1>,  inclusive,  (ixcepting  1883,  1884,  and  188").  1  usu- 
ally remained  on  the  islands  about  four  months,  from  j\lay  until  August, 
in  each  season,  supervising  the  annual  seal  catch,  examining  the  condi- 
tions of  seal  life,  studying  the  habits  of  the  seals,  and,  in  brief,  doing 
such  work  as  the  interests  of  the  lessees  seemed  to  demand.  1  also 
went  twice  to  London,  tirst  in  1872  and  again  in  188(5,  to  attend  the  ftir- 
seal  trade  sales,  with  a  view  to  becoming  more  thonmghly  acquainted 
with  the  demands  of  the  sealskin  market.  My  duties  as  such  special 
Treasury  agent  and  superintendent  deuianded  and  received  my  atten- 
tion to  every  detail  of  seal  life  and  its  relation  to  commerce.  In  the 
execution  of  these  duties  I  was  constantly  aided  by  able,  intelligent 
assistants  and  native  seal  hunters,  whose  daily  observations  and  reports 
were  from  time  to  time  communicated  to  me. 


1  -ii 


;.{■ 


i 


H.  W.  MrTntyre,  p.  134. 


H.  W.  Mclntyre,  having  been  duly  sworn,  de- 
poses and  says:  I  am  an  American  citizen,  a  na- 
tive of  the  State  of  Vermont ;  my  age  is  57  years;  1  ant  a  resident  of 
Vina,  Tehama  County,  California,  and  by  occui)ation  general  manager 
of  Senator  Leland  Stanford's  Vina  ranch  and  Palo  Alto  vineyard.  In  the 
year  1871 1  entered  the  service  of  the  Alaska  Commercial  Company,  and 
was  assigned  to  duty  at  the  I'ribilofgroup  of  islands  in  Bering  Sea,  first 
in  the  capacity  of  chief  mechanic,  and  later  as  resident  agent  in  charge 
of  the  island  of  St.  Paul. 

1  left  San  Francisco  for  Alaska  early  in  April  of  1871,  and  arrived  at 
St.  Paul  Island  about  the  beginning  of  May  the  same  year,  on  which 
island  I  resided  continuously  until  the  close  of  the  sealing  season  of  the 
year  1881,  leaving  there  in  the  month  of  August,  excei)t  that  I  was  ab- 
sent on  leave  during  a  portion  of  the  winter  season  in  1874, 1877,  and 
1880.    During  the  period  of  my  residence  I  visited  the  islands  of  St. 


'i! 


42 


THE    DEPONENTS    AND   THEIll   EXPEKIENCE. 


Gcorf^e,  ITiiiiIaHka,  and  otlxn-  piincipal  stations  <»t'thti  Alaska  (^oininer- 
cial  C(>in)>any  in  licrin^  Hea and  t lie  Noitli  I'acific,  an(l  obtained  tliron^h 
obHci'vation  and  from  information  very  auenrate  knuwled}{:e  uf  the  fur- 
HealH  and  tiieir  habits  while  upon  or  near  the  islands  which  constitute 
their  bree«ling  phiee. 
During  my  hmg  and  constant  reKid<*nee  1  becann>.  interested  in  all 

matters  pertainin-,  to  the  welfare  of  the  people  re- 
7/.  W.  ^/(7»Wi/»v,j).  138.  siding  ujion  the  islands,and  have  since, through 

aik  extensive  aetjuaintance  with  agents  and  em- 
l>loye8  of  the  lessees,  been  oonslantly  advised  as  to  eveutstrausiiiring 
there  from  year  to  year. 

Willian>  IVIcIsaae,  having  been  duly  sworn,  deposes  and  says:  I  am 
a  sailor,  and  reside  at  San  Francisco.    I  went  to 

Wm.  Mchaav,  p.  4G0.  the  IJeriiig  Sea  in  \\w  Ameri<'an  sthooners  Ahx- 
under  and  Othr  in  the  years  1«8!>  and  18'J0.  •  •  • 
I  was  employed  as  boat  steerer  and  jinller. 

James  McKeen,   being  duly  sw(un,  deposes  and  says:  I   reside  at 

Sitka,  aiul  am  by  occupation  a  seman   and  seal 

Jm.McKcen,p.2Gl.       hunter.     Have  been   engaged  in  iatching  seals 

the  last  tive  y(>ars,  most  of  the  tinu?  as  captain 

of  a  schooner. 


William  McLau 


ighlin,  having  been  duly  sworn,  deposes  and  says:  I 

reside  in   San  Francisco;  my  occupation  is  that 

IFwi.  j/(/.((i(///i/in,j». 4Gi.()f  a  seaman,    i  shipped  as  a  boat  puller  in  J886 

on   the  schooner  Triumph.    *     •     *    In  1887  I 

went  codfishing  in  the  barkentinei*/v»//«w  to  the  Tiering  and  Okhotsk 

Seas.     *     *     *     I  went  to  the  Bering  Sea  oc  *^he  Miujyieliossh'om  Vic- 

tenia.     *    •    •    I  shipi)ed  as  a  boat  puller. 

Q.  What  is  your  name,  age,  resi«lence,  and  oceui)ation? — A.  My 
name  is  Alexander  McLean;  age,  32;  residence, 

Alex.  McLean,  p.  436.     gj^j^  Frauclsco;  occupation,  master  mariner. 

Q.  Are  you  an  American  citizen? — A.  I  am. 

Q.  Have  you  ever  been  engaged  in  the  business  of  catching  seals  in 
the  Pacific  or  Bering  Sea? — A.  I  have, 

Q.  For  how  long  a  period? — A.  Ten  years. 

Q.  Have  you  been  master  of  vessels  thus  engaged? — A.  I  have  been 
nine  years  in  the  sealing  business. 

Q.  What  is  your  name,  age,  residence,  and  occupation? — A.  My 
iipme  is  Daniel   McLean;   age,   43;  occupation, 

Daniel  Mcl.inn,  p.  \iZ.  jujistj^j  mariner;  residence,  San  Francisco. 

Q.  Are. you  an  American  citizen? — A.  Yes,  sir. 

Q.  llaAc  you  ever  been  engaged  in  the  business  of  catching  seals  in 
the  Pacilic  or  Bering  Sea? — A.  Yes,  sir.     • 

Q.  For  how  h»ng  a  period? — Eleven  years. 

Q.  Have  you  been  master  of  vessels  tlius  engaged? — A.  Eleven  years. 

The  undersigned,  Robert  H.  MclNIainis,  of  the  city  of  Victoria,  prov- 
ince of  British   Columbia,  Dominion  of  Canada, 

lloU.  H.  McManvs,  p.  being  duly  sworn,  saith :  I  am  about  49  years  of 
335.  age,  and  ha^e  for  some  years  past  followed  the 

calling  of  newspaper  correspondent  and  writer. 

In  1889,  at  the  time  the  British  sealing  schooners  were  seized  in  the 


THK    DKPONKNTS    AND   THKIH    KXI'KKIENCE. 


43 


BerliifjSoa  by  tin'  Uiiitrd  Stnlt's  n'v«'iiue  t'littt-rs,  1  tU'vntrd  some  atten- 
tion to  the  .sciilinj;'  iiidiiMtry.  liein;;'  a<'<|uainted\vitli  Mr.  Waltor  HornH, 
tlii'ou};li  his  iM'iiij;  a  boarder  in  my  liuiiily,  and  who  is  hirp'ly  identitied 
with  tlie  sealing  indnstry,  I  was  by  him  earnestly  solieiti-d  to  aeeom- 
]mny  him  on  a  sealinj;  eniise  on  board  bis  schooner  Otto  last  HtsiHon. 
8onH>  time  previously  I  had  a  severe  attat^k  of  rhenmatie  gont,  and  wan 
at  the  time  of  solieitation  by  Mr.  liorns  partially  convah-sciMit.  I  was 
advised  that  the  voyage  w<»nld  tend  towards  the  re«!ov«My  o\'  my  health 
and  the  indneement  of  an  o]iportnnity  to  gain  by  jicrsonal  observation 
all  that  could  be  learned  of  the  seal-hunting  (piestion,  whieh  1  would  be 
enabled  to  turn  topeeuniary  aecountas  a  newsi)ai»er  correspondent,  de- 
termined my  acceptance  of  tlie  proposal,  although  the  iwcnniary  otler 
of  Mr.  Bonis  was  merely  trivial.  I  was  very  weak  and  lecble,  and  had 
to  be  assisted  on  board  the  vessel.  IMr.  V.  king  Hall,  c<urespondentoi 
the  New  York  Herald,  was,  with  my  consent,  taken  on  board  as  a  pas- 
senger. 

Thonnis  Madden,  having  been  duly  sworn,  deposes  and  says:  I  re- 
side in  Victoria,  British  tJolumbia.    My  occupa- 
tion is  that  of  a  seaman.     1  have  been  going  to  the    ,  .,oit.  Madden,  p.  402. 
Bering   Sea  over  twelve  years  on  whaleis  and 
sealers.    1   . '  r'  sealing  in  1888,  1889, 1890,  and  1891  on  tlm  BUuk  Dia- 
mond,   We  left  Victoria  along  in  January  of  each  ycai-.    1  was  a  boat 
pulk; , 

Edward  Maitland,  being  duly  sAvorn,  de])oses  and  says:  I  was  born  in 
British  Columbia.     1   reside  now   in   Is'cw  lAlct- 
lakahtla.    An)  .'51  years  old.    I  hitve  been  a  hunter    l-dud.  Maitland,  p.  2H4, 
all  my  life.     Have  hunted  seal  in  a  (ianoe;  my 
lodge  was  on  Dundas  Island,  iind  1  hunted  in  Queeu  Charlottes  Sound 
and  Dixons  Entrance. 

Makeshow,  being  duly  sworn,  deposes  and  says  that  be  is  a  resident 
of  this  village  and  that  the  evidiMice  given  by    VrtteAow  p.  3ii. 
Weckenunesch  is  true.  >    •      ■ 

John  Malowansky,  being  duly  sworn,  deposes  and  says:  I  am  a  re- 
sident of  San  Francisco,  Cal.,  and  an  American 

citizen,  though  a  Eussian  by  birth.  1  am  a  mer-  John Malouanaky, p.  197. 
chant  by  professiim,  and  am  agent  for  the  I'us- 

sian  Sealskin  Comi)any,  and  was  foinierly,  f<u'  many  years,  the  agent 
lor  Uutchinson,  Kohl,  Phillipeus  &  Co.,  the  former  lessees  of  the  Rus- 
siau  seal  islands. 

During  the  years  1809, 1870,  and  1871 1  resided  on  the  ('oramander  Is- 
Lands,  in  the  pursuitofthe  sealing  business,  of  which  I  had  charge.  I  was 
there  again  in  1887  as  the  agent  of  the  company.  1  Ibrmerly  live<l  in 
Kamchatka,  and  frequently  visited  the  Commander  Islands  between 
1871  and  1887.  I  have  also  been  a  dealer  i»  furs.  I  am  well  acquainted, 
from  long  experience  and  observation,  with  all  matters  ])ertaining  to 
the  sealing  business  and  the  present  condition  of  the  fur  seal  trade, 
especially  on  the  Russian  side  of  the  Bering  Sea. 

James  Maloy,  having  been  duly  sworn,  deposes  and  says:  lam  CO 
years  of  age.    1  reside  in  San  Francisco.    My  oc- 
cupation is  that  of  a  seaman.    I  wsis  in  the  North    Jaa.  Malay,  p.  163. 
Pacific  and  Bering  Sea  in   1889.    1  went  out  in 
Jie  Maggie  Jio,i8,  which  sailed  from  Victoria  in  the  month  of  February. 


I    -  i| 


'»      :i  . 


^        m 


44 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


Q.  State  your  age  and  i»iace  of  residence. — A.  I  am  34  years  of  a^e 

„     ,     .         „„  and  am  a  native  and  resident  of  St.  Paul  Islaud, 
Jvicen  Manave(jxn,p.  139.  \  i-mJ^o 

Q.  What  is  your  occupation  ? — A.  I  am  a  sealer,  formerly  in  the  era- 

Sloy  of  the  Alaska  Commercial  Company,  and  now  in  the  emi)loy  of  the 
forth  American  Commercial  Company. 

John  Margathe,  being  duly  sworn,  deposes  and  says  that  for  23  years 

he  has  resided  on  the  west  coast  of  Vancouver  Is- 

JohnMayyiUhcp.m.  land,  Victoria,  Barclay  Sound,  etc.,  and  that  at 

present  he  owns  a  store  inUchulet,  Barclay  Sound, 

and  is  the  only  white  man  residing  in  same. 

Patrick  Maroney,  having  been  duly  sworn,  deposes  and  says :  I  reside 

in  San  Francisco.    Aly  occupation  is  that  of  a 

Patrick  Maroncii,pA6i.  seamau ;  I  made  two  voyages  to  the  North  Pacific 

and  Bering  Sea.    In  1881)  I  went  out  in  the  May 

Ellen,  of  whi(;h  Capt.  Alex.  McLean  was  master,  and  in  1890  I  went 

out  in  the  Lizzie  Ellen.    I  was  a  boat  puller  on  both  voyages. 

Charles  Martin,  being  duly  sworn,  deposes  and  says:  I  was  born  at 

Klinquaii  and  reside  there;  am  30  years  old,  and 

Chaa.  Martin,  p.  297.     my  occupation  is  that  of  a  hunter.    Have  hunted 

fur-seal  ever  since  I  was  a  boy;  always  hunt  in 

Dixons  Entrance  and  around  Prince  of  Wales  and  Queen  Charlottes 

islands. 


Walter  Edward  Martin,  being  duly  sworn,  doth  depose  as  follows: 

First.  That  he  is  40  years  of  age,  a  subject  of  Her  Britannic  Majesty, 
and  lives  in  the  city  of  St.  Albans,  and  carries 

Walter  E. Martin, p. 5G7.  on  business  at  4  Lambeth  Hill,  in  tlie  city  of  Lon- 
don; that  he  is  the  head  of  the  firm  of  C.  W.  Mar- 
tin &  Sons,  who  are  the  successors  of  the  firm  of  Martin  &  Teichmann, 
which  firm  was  composed  of  deponent's  father,  0.  W.  IMartin,  andEinil 
Teichmann,  who  is  now  a  member  of  the  firm  of  C.  M.  Lampson  &  Co., 
of  the  city  of  London;  that  the  said  firm  of  C.  W.  Martin  &  Sons  is 
engaged  in  the  business  of  dressing  and  dyeing  furs  of  all  kinds;  that 
they  have  until  the  last  year  and  have  for  many  years  last  past  dressed 
and  dyed  a  larger  number  of  skins  of  the  fur-seal  than  all  the  other 
firms  in  the  world  together ;  that  deponent  has  made  no  examination 
of  the  books  of  his  firm  for  the  purpose  of  seeing  ])recisely  the  number 
of  skins  annually  dressed  and  dyed  by  his  said  firm  and  its  predecessor, 
but  it  is  the  fact  that  hi&  said  firm  in  one  year  dressed  150,000  fur  seal 
skins,  and  of  that  number  dyed  13(>,000,  and  it  is  also  the  fact  that 
until  within  the  last  two  years  his  firm  dressed  upwards  of  110,000  or 
120,000  skins  in  each  year,  and  dyed  upwjuds  of  100,000  skins  so 
dressed. 

That  deponent  has  been  in  the  business  of  dressing  and  dyeing  fur- 
seal  skins  about  twenty-two  years;  that  he  has  personally  handled 
many  hundreds  of  thousands  of  audi  skins,  and  that  he  has  a  detailed 
and  specific  knowledge  of  the  character  of  the  various  sorts  of  seal- 
skins and  of  the  markets  therefor,  and  that  he  has  also  h  general 
knowledge  of  the  history  of  the  seal-skin  business  during  the  whole  of 
that  period. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


45 


Frederick  Mason,  being  duly  sworn, deposes  and  says:  lam  32 years 
old.  Was  born  in  British  Columbia,  and  now 
reside  at  New  Metlakahtla.  Am  a  hunter  by  oc-  Frederick  Mason,  p.  2Bi. 
cupation;  have  hunted  fur-seal  in  canoes  since  I 
was  a  boy.  *  *  *  My  hunting  lodge  has  always  been  on  Nicholas 
Bay,  and  I  have  hunted  in  Queen  Charlotte  Sound,  Dixons  Entrance, 
and  off  Prince  of  Wales  Island. 

Henry  Mason,  having  been  duly  sworn,  deposes  and  says:  I  am  43 
years  of  age  and  reside  in  San  Francisco.    My 
occupation  is  that  of  a  seal  hunter.    I  went  seal-    ^enry  Mason,  p.  4&t. 
ing  on  the  <7»ifcr!.'irtin  1891.    *    •    »    *     In  1890 
I  went  sealing  in  the  schooner  Argonaut. 

William  Mason,  having  been  duly  sworn,  deposes  and  says:  I  am  a 
seaman  by  occupation,  and  I  reside  in  Victoria, 
British  Columbia.     I  made  a  sealing  cruise  in  the    fTm.  Mason,  p.  465. 
British  schooner  MayheUe,  Capt.  Hanson,  during 
the  season  of  1891,  leaving  Victoria  in  the  latter  part  of  January.    I 
was  a  boat  puller. 

Thorwal  Mathasan,  being  duly  sworn, deposes  and  says:  My  name  is 
Thorwal  Mathasan;  my  age  is  39  years;  occupa- 
tion, seaman;  I  reside  at  Victoria,  British  Colum-  339'""'"''''  Mathasan,  p. 
bia.    I  went  sealing  in  1891  in  the  Oscar  and  Hat- 
tie,    *    *    *    as  a  boat  puller.    ♦    *    »    I  went  sealing  again  on  the 
28th  of  January,  1892,  in  the  same  vessel. 

Personally  appeared  before  me  S.  MelavidoflF  and  David  Salamatoff, 
who,  being  duly  sworn,  depose  and  say:  We  <are 
natives  of  Alaska,  are  now  and  have  been  for  the  salarmfoff*^"^09^^^    ^' 
past  twenty  years  residents  of  Unalaska.  *  *  *     "'      '^"M'P- 
I,  S.  Melavidoft',  am  53  years  of  age.    I,  David  Salamatoff,  am  07  years 
of  age. 


Anion  Melovedoff  ct  al., 
p.  138. 


Q.  State  your  age  and  jdace  of  residence. — 
A.  I  am  thirty-six  years  of  age;  have  resided 
on  St.  Paul  Ishind,  Alaska,  for  the  past  twenty- 
four  years. 

Q.  What  is  your  occupation? — A.  I  am  a  sealer;  formerly  in  the  em- 
ploy of  the  Alaska  Commercial  Company,  and  now  in  the  employ  of 
the  North  Americat)  Commercial  CoHipany. 

Q.  Has  your  occupation  l)een  such  as  to  give  yoxi  an  opportunity  to 
notice  from  year  to  year  the  condition  of  the  rookeries  and  the  ])ecuiiar- 
ities  of  seal  life? — A.  Yes;  I  was  chief  for  about  ten  years,  and  during 
that  time  had  charga  of  the  drives  and  have  always  participated  in  the 
killing  of  the  seals. 

Anton  Melovedoff,  being  duly  sworn,  deposes 
and  says :  I  am  thirty-eight  (3H)  yeius  of  age  and     Anton  Melovedoff,  p.  142. 
I  was  borr  on  Kadiak  Island,  Alaska.     I  came 

to  St.  Paul  Island  in  1804,  the  first  time,  and  in  1809  the  second  time. 
1  have  resided  here  since  1809  and  I  have  been  constantly  emph»yed 
auKmg  the  Alaskan  fur-seals  in  all  that  time.  I  have  had  a  large  and 
varied  experience  in  all  the  details  of  the  business  as  it  has  been  car- 
ried ou  on  St.  Paul  Island,  and  I  have  done  service  in  all  the  dopartr 


3    <i 


m 


46 


THE   DEPONENTS   AND   THEIR    EXPERIENCE. 


ii 


ill   I 


^r 


meats  from  the  work  of  a  boy  to  that  of  First  Chief  of  the  Island.  I 
can  read  and  write  the  English,  Russian,  and  Aleut  languages  and  I 
can  interpret  them  into  one  another.  1  have  read  a  considerable 
amount  of  the  controversies  on  the  Seal  Question  since  the  seals  began 
to  decrease  so  rapidly  on  the  rookeries  and  I  have  observed  the  rooke- 
ries and  their  daily  condition  since  I  became  First  Chief  in  1884,  which 
office  I  resigned  in  1891. 

Simeon  Melovidov,  being  duly  sworn,  deposes  and  says:  I  am  twenty- 
five  years  of  age,   and  I  was  born  .at  Sitka,   Alaska.    I    came    to 

St.  Paul  Island  in  1857,  and  resided  here  ever 

S.  Melovidov,  p.  145.  since.  I  have  a  practical  knowledge  of  and  am 
familiar  with  the  fur-seal  industry  as  it  is  carried 
on  on  St.  Paul  Island.  I  became  an  able  sealer  in  1879,  and  worked 
at  it  ever  since,  except  in  the  winters,  when  I  was  at  school.  I  have 
driven  seals  and  skinned  them  and  prepared  the  skins  for  shipment. 
I  am  at  present  the  school  teacher  on  St.  Paul  Island,  and  I  can  read 
and  write  English  and  Russian,  as  well  as  the  Aleut  language. 

Robert  Michaelsen,  being  duly  sworn,  deposes  and  saith:  I  reside  at 
the  settlement   known  as   Soldovoi,  on  Cook's 
Bobert  Michaeinen,  p.  232.li\let,  Alaska,  and  have  lived  in  the  Territory  for 
the  past  ten  years,  chiefly  at  settlements  along  the 
coast  between  Sitka  and  Cook's  Inlet.    I  am  a  miner  and  prospector 
by  occupation,  and  have  never  had  any  experience  in  seaHng.    I  have 
become  well  acqtiainted  with  the  coast  while  engaged  in  my  business 
of  prospecting,  traveling  along  it  in  a  canoe,  and  entering  all  bays,  in- 
lets, streams,  etc.,  between  the  points  above  mentioned. 

Amos  Mill,  being  duly  sworn,  deposes  and  says:  I  was  born  in  Brit- 
ish Columbia;  I  am  about  30  years  old,  and  now 
Amos  Mill, p.  285.        reside  in  New  Metlakahtla;  have  been  a  hunter 
all  my  life;  have  hunted  liu-seal  in  canoes;  my 
lodge  is  on  Dundas  Island,  and  I  hunt  off  Prince  of  Wales'  Island,  in 
Queen  Charlotte's  Sound,  and  Dixon's  Entrance. 

N.  B.  IMiller,  an  assistant  in  the  scientific  dei)artment  of  the  United 
States  Fish-Commission  steamer  Albatross,  being 
N.  B.  Miller,  p.  199.      dulysworn,  deposes  and  says:  I  visited  the  Reef 
rookery  and  Northeast  Point  rookery  on  St.  Paul 
Island,  Pribilofs  and  the  Village  rookery  of  St.  George  Island,  Pribi- 
lofs,  and  took  a  number  of  photographs  on  each.     *    *    • 
I  have  made  five  cruises  in  Alaskan  waters,  viz:  In  the  year  1888, 
along  the   coast  from   Unalaska  to  Middleton 
N.  B.  Miller,  p.  371.       Island;  in  the  year  1889,  through  the  inland  pas- 
sages of  southeastern  Alaska  as  far  north  as  Chil- 
koot  Inlet;  in  the  year  1890,  through  the  Bristol  Bay  region  and  the 
Aleutian  Islands  as  far  west  as  Umnak  Island;  in  the  year  1891,  to  the 
Pribilof  Islands  in  Bering  Sea;  and  in  the  month  of  April,  1892,  in 
the  Gulf  of  Alaska  from  Kadiak  Island  to  Prince  William  Sound, 
going  into  Cook  Inlet  as  far  as  Coal  Harbor. 

G.  E.  Miner,  being  duly  sworn,  deposes  aiul  says:  I  am  a  seal  hun- 
ter  by    'occupation;    have  been     engaged    for 
O.E.Miner,  p.  466.       the  past  five  years  in  scaling,  always  as  hunter. 
•    •    *    Am  at  proseut  hunter  on  the  schooner 
Henry  Dennis, 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


47 


Metry  Moniii,  Nicoli  Noojook,  8tepliiui  Tdothyk,  Alexy  Mahagak, 
Tekaii  Ivanoff,  Alexander  Kamlook,  Peter  Chara- 
suook,  Stepliau  Apavelook,  Alexy  Abakee,  Sim-  MetryMomneta1,p.225. 
eon  Tanapee,  Nicoli  Kashagak,  Tekau  Kookevv, 
Pavel  Abanyngaw,  and  Peter  Abaugac,  being  duly  sworn,  depose  and 
say:  That  we  are  natives  of  Alaska,  and  reside  at  the  settlement  of 
Fort  Alex.iuder,  Cook's  Inlet,  Alaska  Territory.  W^e  are,  by  occupa- 
tion, liunterii  of  fur  animals,  excepting  the  fur-seal,  and  have  been  en- 
gaged in  this  pursuit  all  our  lives,  chieHy  in  this  neighborhood. 

Q.  What  is  your  name,  age,  residence,  and  oc- 
cupation?— A.  My  name  is  Frank  INloreau;  age,    Frank  Moreau,  p.  i67. 
32;  residence,  San  Francisco;   occupation,  seal 
hunter. 

Q.  Are  you  a  citizen  of  the  United  States? — A.  I  am. 

Q.  Wlmt  State  are  you  a  resident  of? — A.  Kentucky;  I  was  born 
there;  I  am  now  residing  in  the  State  of  Califovnia. 

Q.  Have  y<m  been  engaged  in  catching  seals  in  the  PaciHc  and  Ber- 
ing Sea,  and  for  how  long? — A.  For  li\(^  or  six  years  I  have  been 
catching  seals. 

Eddie  Morehead,  having. been  duly  sworn,  de-    Eddie  Morchcad,  p.  4G7. 
poses  and  says,  I  am  21  years  of  age;  I  reside  in 
San  Francisco;  my  occupation  is  that  of  a  longshoreman.     I  have  been 


employed  on  a  sealing  vessel  as  a  cabin  boy  and  boat-puller, 
one  voyage  on  the  Vanderbilt  in  the  North  Pacific  in  1888. 


I  made 


Thonuis  F.  Morgan,  being  duly  sworn  says,  I  t.  F.  Morgan,  p.  GO. 
am  44  years  of  age,  and  reside  in  the  town  of 
Groton,  Conn.  In  1808  I  shipped  as  second  mate  of  the  bark  7V/h, 
owned  by  the  firm  of  Williams  «S:  Haven,  ol"  the  city  of  New  London, 
Conn.,  whicli  vessel  was  commanded  by  my  father,  Capt.  Ebenezer 
Morgan,  and  sailed  on  that  bark  from  Ilonoiiilu  about  the  27th  day  of 
February,  1808,  for  the  purpose  of  catching  seals  on  the  islands  in  Ber- 
ing Sea,  Williams  &  Haven  having  for  many  years  been  engaged  in 
seal  fisheries,  and  being,  so  tar  as  I  know,  the  largest  firm  in  the  United 
States  engaged  in  that  business.  We  sailed  to  the  port  of  Sitka,  and 
there  applied  to  the  commander.  Gen.  Jofl'erson  C.  Davis,  for  permis- 
sion to  land  the  cargo  of  the  bark  on  the  Pribilof  Island  and  take  seals 
on  those  islands.  At  the  end  of  the  season  I  remained  on  the  island  of 
St.  Paul,  one  of  the  said  Pribilof  Islands,  until  August,  18(iJ),  as  a  rep- 
resentative of  Williams  &  Haven's  interests  in  and  about  the  said 
island.  In  the  last-mentioned  year  I  returned  to  this  country,  and  at 
the  request  of  the  Alaska  Commercial  Company,  of  which  Williams  & 
Haven  were  stockholdv-'.rs,  I  was  employed  in  the  year  1874  to  return  to 
the  Pribilof  Islands  as  i,  representative  of  the  said  Alaska  Commercial 
Company. 

In  pursuance  of  such  request  I  retuined  to  the  islands  as  agent  of 
said  last-mentioned  company  in  charges  of  t'le  island  of  St.  George, 
which  with  the  islands  of  St.  Paul,  Otter,  an.'  W^alrus,  constitute  the 
group  known  as  the  Pribilof  Islands.  I  arrived  at  said  islaml  some 
time  in  May,  1874;  took  up  my  residence  there  and  remained  in  my 
capacity  of  agent  in  and  about  that  island  during  each  sealing  season 
thereafter  until  the  year  1887.  At  the  exjiiration  of  the  sealing  season 
of  1887,  I  returned  to  the  United  States,  and  in  1801  was  ('iigaged  by 
the  Kussian  Sealskin  Company,  of  St.  Petersburg,  as  ciiief  agent  of 
that  couix>any,  to     ouecd  to  the  islands  of  Komandorski,  consisting  of 


» i; 


■'-; 


w 


48 


THE  DEPONENTS   AND   THEIR   EXPERIENCE. 


Copper  and  Bering  Islands,  commonly  called  the  Commander  Islands, 
which  said  company  had  a  lease  of  the  said  Commander  Islands  as  well 
as  of  the  island  of  Tuleui  or  Kobben,  in  the  Okhotsk  Sea,  to  kill  seals 
and  other  fur-bearing  animals  on  those  islands  on  the  payment  of  a 
royalty  to  the  Itussian  Government.  During  the  years  above-mentioned 
I  have  superintended  the  killing  of,  on  the  average,  18,000  seals  a  year; 
and  in  the  last  year  of  my  employment  by  the  Eussian  Sealskin  Com- 
pany I  killed  or  superintended  the  killing  of  30,000  seals.  Tlie  skinning, 
curing  of  skins,  packing  of  skins,  and  shipping  of  the  skins  from  the 
ishands  of  all  the  seals  the  killing  of  which  I  superintended  has  been 
under  my  immediate  supervision,  and  a  considerable  part  of  the  work 
thereof  has  been  done  by  me  personally. 

That  during  my  employment  on  said  Pribilof  Islands  I  carefully 
studied  the  habits  of  the  fnr-seal  and  the  statements  hereafter  made  as 
to  the  habits  of  said  animals  are  based  on  my  own  observation  and  also 
from  the  fact  that  these  statements  have  been  corroborated  by  natives 
and  residents  on  said  islands,  whom  I  know  to  be  familiar  with  every 
phase  of  seal  life. 

John  Morris,  being  duly  sworn,  deposes  and  says:    My  age  is  34 
years,  my  oc(!upation  seaman,  and  my  residence 
John  Morris,  p.  3iO.       is  Victoria,  British  Columbia.     I  have  had  six 
years'  experience  in  sealing,  both  in  the  North 
Pacific  and  the  Bering  Sea.    In  February,  1882, 1  went  sealing  from 
Victoria,  British  Columbia,  in  the  schooner   Omcard.    •     *     *     I 
shipped  as  mate.    #    *    *    About  tlie  last  of  April,  1883, 1  sailed  frcmi 
Victoria  on  a  sealing  voyage  in  the  Onward.    *    *    *     About  tlie  1st 
of  January  [1884J  I  sailed  as  master  of  the  Alfred  Adams  on  a  sealing 
voyage.    *    *     *     In  February,  1885,  I  sailed  from  Victoria,  British 
Columbia,  on  the  schooner  Seventy-sir.    *    *     *     In  the  month  of  Feb- 
ruary, 1887, 1  sailed  from  Victoria,  British  Columbia,  in  the  schooner 
Black  Diamond. 

Matthew  Morris,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Kasan  and  am  22  years  old.    Am  a  hunter  by  oc- 

Maithew  Morris, p.  286.  cupation  and  have  hunted  fur-seal  in  canoes  oft' 
Prince  of  Wales  Island. 

John  M.  Morton,  having  been  duly  sworn,  deposes  and  says :  I  am 
United  States  shipping  commissioner  at  San  Francisco.    The  Alaska 

Commercial  Company  obtained  the  lease  of  the 

Jno.  M.  Morton,  p.  66.  seal  islands  in  1870.  In  the  fall  of  that  year  I 
went  to  Alaska  on  the  steamer  Constantine  as  an 
agent  of  said  company,  arriving  at  St.  Paul  Island  in  October,  where 
I  remained  until  the  close  of  the  sealing  season  in  the  following  year. 
During  the  summer  of  1872,  I  visited  all  of  the  trading  posts  of  the 
comi)any,  both  on  the  mainland  of  Alaska  and  tiie  various  islands,  thus 
spending  the  entire  summer  in  Bering  Sea.  This  trip  was  extended  to 
Copper  and  Bering  islands,  belonging  to  the  Russians,  and  of  which 
members  of  the  Alaska  Commercial  Company  had  control  at  that  time, 
and  to  the  Petropjiulovski  in  Kamchatka.  In  the  course  of  our  voy- 
age in  1872,  wo  touched  twice  at  the  seal  islands  of  Alaska,  spending 
there  all  together,  perhaps,  a  week  or  ten  days.  During  our  stay  at  St. 
Paul  this  year,  I  visited  (in  July)  most  of  the  rookeries  and  hauling 
grounds  of  the  fur-seals. 

The  summer  oi'  1873  I  spent  ou  St.  George,  aud  while  there  my  bust- 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


49 


ness  called  me  frequently  to  the  various  portions  of  the  island  where  the 
seals  were  accustomed  to  congregate.    1  did  not  go  to  Alaska  in  1873, 
but  in  1875  and  again  in  1870  I  went  north,  spending  both  seasons  on 
I  St.  Pjiul  Island.     I  resigned  my  position  with  the  Alaska  Commercial 

J  Company  in  the  fall  of  1876,  but  in  the  spring  of  1877  I  was  appointed 

to  the  position  of  Treasury  agent  at  the  seal  islands  (in  charge),  and  en- 
tered upon  the  discharge  of  my  official  duties  in  May  of  that  year. 
During  my  residence  on  the  island,  which,  so  far  as  the  sealing  seasons 
were  concerned,  practically  covered  a  period  of  eiglit  years  (from  1870 
to  1878  inclusive),  I  obtained  a  full  knowledge  of  the  sealing  business 
in  its  various  branches,  and  became  familiar  with  all  of  the  ground  oc- 
'^upied  by  the  fur  seals. 

I  was  at  all  times  greatly  interested  in  observing  the  movements  and 
habits  of  these  animals  and  scarcely  a  day  passed  that  I  did  not  visit 
one  or  more  of  the  rookeries.  During  the  seasons  of  1877  and  1878, 
while  serving  in  the  capacity  of  special  Treasury  agent,  I  devoted  my 
best  attention  and  study  to  this  subject. 

Moses,  being  duly  sworn,  deposes  and  says:   I  am  a  native  Nitnat 
Indian,  and  reside  at  Pachenah  Bay  on  Vancouver 
Island,  at  Vancouver,  British  Columbia.     I  am    Mosea,  p.  309. 
50  years  old,  and  am  by  occupation  a  hunter  and 
fisherman,  and  have  been  so  engaged  for  about  thirty  years.    I  have 
sealed  out  from  Neah  Bay  in  the  sealing  schooner  C.  C.  Perkins  (that 
was  last  year),  and  this  year  I  am  sealing  on  the  schooner  James  G. 
8wan.    Formerly  I  sealed  out  of  Pachenah  Bay  with  my  tribe  in  canoes. 
We  used  to  seal  in  the  straits  of  San  Juan  de  Fuca,  and  all  along  the 
coast  from  the  Columbia  Eiver  to  the  upper  end  of  Vancouver  Island. 
I  am  familiar  with  all  the  bays  and  inlets  on  the  west  coast  of  Vancou- 
ver Island. 


Morris  Moss,  being  duly  sworn,  deposes  and  says:   I  have  resided  in 
British  Columbia  thirty  years.    Since  1880  have 
made  my  home  in  Victoria,  British  Columbia,    hon-ia  Mo8a,p.Ul. 
My  occnpation  is  that  of  purcliasing  raw  furs.    Of 
late  years  raw  fur-seal  skins  have  been  the  principal  fnrs  handled  by 
me.     I  have  bought  from  10,0(>0   to  20,000  per  year,  and  am  vice- 
president  of  the  Sealers'  Association  of  Victoria,  British  Columbia. 

Jacob  ^   Moulton,  of  Bowdoinham,  Me.,  being  duly  sworn,  deposes 
and  says :  i  am  56  years  of  age,  and  my  occupa- 
tion is  farming.     From  1877  to  1885  I  was  first   J.  H.  Moulton,  p.  n. 
assistant  Treasury  agent  on  the  seal  islands.    I 
arrived  on  St.  George  Islaml  May  21, 1877,  and  left  the  islands  in  the 
fall  of  1884.    I  spent  four  summers  on  St.  George  Island,  and  one 
winter,  from  1877  to  1881,  and  four  summers  and  four  winters  on  St. 
Paul  Island,  from  1881  to  1884.    Each  seas»m  I  made  (;areful  examina- 
tion of  the  rookeries  on  the  island  wlu^e  I  then  was  located,  in  con- 
nection with  my  official  duties,  and  I  a-.j  made  some  study  of  the  life 
and  habits  of  tlie  seal. 


I,  Peter  0.  Muller,  a  resident  of  Afognak,  being  duly  sworn,  depose 
and  say:  That  I  have  been  in  Alaska  eight  years. 
My  occupation  is  hunter.    I  am  captain  of  a    p.  c.  Muller,  p.  223. 
hunting  schooner. 
4  B  S 


ill 

Sii 


50 


THE   DEPONENTS   AND  THEIR  EXPERIENCE. 


Joseph  Murray,  being  duly  sworn,  deposes  and  says :  I  reside  at  Fort 

Collins,  Colo.;  I  aui  49  years  of  age,  and  I  am 

Joa.  Murray,  p.  73.        the  first  assistant  special  agent  at  the  seal  islands 

in  Bering  Sea.    That  in  pursuance  of  Department 

instructions  to  me,  dated  April  20, 1889, 1  proceeded  to  the  seal  islands 

and  landed  on  St.  George  Island  May  31, 1889.    That  I  had  charge  of 

that  island  until  July  1,  1890,  and  I  was  present  during  the  whole  of 

two  sealing  seasons  on  the  island  of  St.  George. 

Billy  Nah-hoo,  being  duly  sworn,  deposes  and  says:  I  am  about  35 
years  old.    Was  born  at  and  reside  at  Killisnoo 
Billy  Nah-hoo,  p.  SBS.    all  my  life.    Am  by  occupaticm  a  herring  fisher- 
man and  oil- maker,  which  oil  I  sell  to  other  tribes 
of  Indians.    I  have  visited  all  tbe  islanus  between  here  and  Sitka,  and 
in  other  parts  of  the  Sound. 


Nashtou,  beiugduly  sworn,  deposes  and  says :  I  was  born  at  Kas-aan ; 

am  GO  years  old;  and  have  been  a  hunter  all  my 

Na8hton,p.297.  life;  have  hunted  fur-seal  outside  of  Prince  of 

Wales  Island  and  inDixons  Entrance  during  the 

month  of  May  every  year  for  a  long  time. 


Smith  Natch,  being  duly  sworn,  deposes  and  says:  I  was  born  at 

Kas-aan  and  have  lived  there  all  my  life,  and  am 

Smith  Natch,  p.  298.      now  a  very  old  man,  about  80  years  old.    Have 

been  a  hunter  all  my  life.     Have  hunted  fur-seal 

every  season  for  a  great  many  years  in  Dixons  Entrance. 

Dan  Nathlan,  being  duly  sworn,  deposes  and  says:  I  was  born  on 
Queen  Charlottes  Island.    Am  25  years  old  and 
Dan  Natulan,  p.  286.    uow  reside  at  Howkan.    Am  a  hunter  by  occu- 
pation.   Have  hunted  fur-seal  since  I  was  a  boy. 
This  is  the  first  year  I  ever  hunted  on  a  schooner;  am  now  on  the 
schooner  Adventure. 

Nechantake,  being  duly  sworn,  deposes  and  says:  1  was  born  in  Yak- 
utat  and  have  lived  there  all  my  life.    I  belong 

Nechaniake,  p.  240.  to  the  Yakutat  tribe  of  Indians,  and  am  a  very 
old  man.    Am  by  occupation  a  hunter. 

Joseph  Xeishkaitk,  being  duly  sworn,  deposes  and  says:  I  was  born 
in  British  Columbia;  am  00 years  old,  and  now 
Joseph  Neiahkaitk, p.  2B7.  reside  at  New  MelaUahtla;  am  a  hunter  by  occu- 
pation; have  huuted  fur-seal;  hunt  in  Dixons 
Entrance  and  Queen  Charlotte  Sound. 

Niles  Nelson,  being  duly  sworn,  deposes  and  says :  I  am  by  occupa- 
tion a  seal    hunter,    and    part   owner    of   the 
Nilcs  Nelson,  pA69.      Schooner  Annie.    My  residence  is  in  San  Fran- 
cisco.   I  was  engaged  in  hunting  seals  during  the 
years  1885  and  1880  in  the  North  Pacil^c  and  Bering  Sea. 

S.  E.  Nettleton,  being  first  duly  sworn,  deposes  as  follows:  My  place 
(»f  residence  since  May,  1891,  has  been  Seattle, 

S.  B.  Nettleton,  p.  H.  Washinjiton.  Kor  a  period  of  nineteen  years 
prior  to  that  date  I  was  a  resident  of  the  State  of 


THE   DEPONENTS  AND   THEIR  EXPERIENCE. 


51 


Minnesota.  My  occupation  was  that  of  a  real  estate  and  investment 
broker.  In  the  autumn  of  1889  1  went  to  the  island  of  St.  Paul,  one 
of  the  Pribilof  group,  as  a  special  agent  of  the  Treasury  Department. 
In  August,  1890, 1  returned  to  the  States  and  stayed  until  the  spring 
of  1891,  when  I  returned  to  said  island  of  St.  Paul.  I  remained  there 
during  the  months  of  June  and  July  of  that  year,  and  was  then  trans- 
ferred to  the  island  of  St.  George,  where  I  remained  until  June,  18!)!,*. 
In  discharge  of  my  duties  as  Treasury  agent  I  made  such  observa- 
tions as  ^ouUl  be  taken  from  the  breeding  rookeries  and  hauling 
grounds  on  the  islands,  and  in  the  waters  immediately  adjacent  thereto, 
and  which  enable  me  to  make  the  following  statement  of  facts;  and 
from  personal  observation  as  well  as  information  received  from  the  na- 
tive inhabitants  of  said  islands,  and  white  men  resident  thereon,  I 
have  formed  the  opinions  herein  expressed  based  upon  information  and 
belief. 


'M 


:  4 


Arthur  Newman,  a  citizen  of  the  United  States  of  America,  51  years 
of  age,  being  duly  sworn,  deposes  and  says:  I 
have  lived  in  the  Aleutian  Islands  the  greater  Arthur  Netcman,  p.  2i0. 
part  of  the  time  since  1809.    For  eight  years  I 
was  agent  of  the  Alaska  Commercial  Company  at  Chernofsky,  and  for 
ten  years  I  acted  in  the  same  capacity  at  Unniak;  for  three  years  I 
was  an  officer  of  a  supply  tender  making  trips  between  San  Francisco 
and  Unalaska.    I  have  made  four  trips  to  the  westward  as  far  as  Attn 
at  difiereut  seasons  of  the  year. 

Gustave  Mebaum,  having  been  duly  sworn,  deposes  and  says:  I  am 
50  years  old;  a  resident  of  San  Francisco,  and  a 
merchant  and  shipowner.    I  was  born  in  Hels-    a untare  yiebaum,  p.  76. 
ingfors,  Finland,  and  became  an  American  citizen 
by  the  transfer  of  Alaska  to  the  United  States,    1  entered  the  service 
of  the  Kussian  American  Commercial  Company  in  1858,  and  was  in 
command  of  one  of  their  vessels  from  1806  until  the  cession  of  Alaska 
to  the  United  States.    I  am,  and  have  been  for  several  years  past,  vice- 
president  and  a  director  of  the  Alaska  (Jomniercial  Company,  and  a 
member  of  the  firm  of  Hutchinson,  Kohl  &  Co.,  the  former  lessees, 
respectively,  of  the  Alaska  and  Siberian  sealeries. 

In  these  various  positions  the  care  and  management  of  seal  rookeries 
and  system  and  methods  of  killing  seals  and  curing  and  transporting 
their  skins  to  market  has  been  mv  study.  I  visited  the  Pribilof  Ishinds 
in  1867  and  had  charge  of  seal  killing  there  in  1868  and  1809.    •    •    • 


place 
|eattle, 

years 
Itate  of 


I  have  no  interest  whatever  in  the  sealeries  or 


the  seal-skin  trade.    *    *    * 
I  was  formerly  a  resident  of  that  Territory. 


*  *  * 


Gustave  Niebaum,  p.  79. 


I  was  from  1880  until  1881  vice-consul  of  Russia  at  the  port  of  San 
Francisco.    *    •    *  »r  ,  ~. 

I  was  instrumental  in  Russia  in  obtaining  the  Oustave  Mebaum, p.  202. 
lease  for  the  last-named  company  and  had  familiarized  myself  with  the 
sealeries  upon  these  islands  in  this  connection. 

L.  A.  Noyes,  being  duly  sworn,  deposes  and  says:  I  am  a  native 
American,  ana  my  home  is  in  Randolph,  Vt.    I 
am  52  years  of  age,  and  a  physician  by  profes-   L.  A.  Koycs,  p.  79. 
siou. 


52 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


In  1880  I  entered  the  service  of  the  lessees  of  the  Pribilof  Islands  as 
resident  physician  at  the  seal  islands,  and  have  resided  here  continu- 
ously ever  since,  excepting  an  occasional  visit  to  my  home,  for  a  few 
months  in  winter,  once  or  twice  since  1880. 

From  June,  1880,  to  August,  1883, 1  was  on  St.  George  Island,  and 
from  1883  to  1884  I  was  on  St.  Paul  Island.  I  then  returned  to  St. 
George,  where  I  have  resided  ever  since,  excepting  the  vacation  afore- 
said. 

I  have  given  much  time  to  the  study  of  the  Alaskan  fur-seal  and  its 
peculiar  habits,  and  I  have  watched  with  care  and  solicitude  the  in- 
crease and  the  decline  in  numbers  of  the  animals  on  the  hauling  grounds 
and  rookeries,  and  also  the  methods  followed  by  the  lessees  in  taking 
the  skins — the  driving  and  killing  of  the  young  males  of  from  two  to 
five  years  old,  and  the  salting,  curing,  bundling,  and  shipping  of  the 
skins.  I  have  likewise  carefully  observed  and  noted  the  coming  of  the 
seals  in  the  spring,  the  hauling  out  at  difllerent  times  of  the  various 
ages  and  sexes,  their  disposition  on  the  hauling  grounds  and  rookeries, 
the  formation  of  the  "  harem  "  or  family,  the  birth  of  the  pups,  the  mi- 
grations of  the  mother  seals  to  feed,  the  breaking  up  of  the  harems,  the 
scattering  of  the  cows,  and  the  general  intermingling  of  the  sexes  in 
September,  and  finally  the  departure  of  the  herd  from  the  islands  in 
November  or  later. 

I  have  read  most  of  all  that  has  been  written  within  the  past  quarter 
century  on  the  fur-seal  question ;  and  I  have  listened  to  and  taken  part 
in  many  of  the  controversies  indulged  in  by  my  associates  and  friends — 
men  who  have  spent  many  years  in  the  fur-seal  industry  and  whose 
practical  experience  with  all  its  details  gives  weight  and  value  to  their 
assertions.  It  was  I  who,  at  the  request  of  the  United  States  Treasury 
agent  in  charge  of  the  islands,  measured  all  the  rookeries  and  hauling 
grounds  on  St.  George  Island  in  1887,'  and  I  have  kept  the  record  of 
the  climatic  changes  on  St.  George  since  the  United  States  Govern- 
ment discontinued  the  meteorological  station  at  the  Pribilof  Islands. 

In  addition  to  my  services  as  physician,  I  have  occasionally  taught 
the  school  on  St.  George,  and  I  have  kept  the  books  and  accounts  for 
many  years  for  the  lessees  on  the  same  island.  I  am  thoroughly  con- 
versant with  the  orders  issued  by  the  general  and  local  agents  of  the 
lessees  to  the  native  chiefs  in  regard  to  everything  appertaining  to  the 
business  of  taking  the  annual  "catch"  and  the  care  of  the  seals.  I 
have  been  intimately  acquainted  with  the  Treasury  agents  who  have 
had  charge  of  the  islands  since  1880,  and  I  acted  as  assistant  agent 
myself  during  the  temporary  absence  of  the  assistant  special  agent. 
I  am  quite  familiar  with  the  general  and  special  orders  and  instruc- 
tions issued  from  the  Treasury  Department  from  time  to  time  to  the 
special  agents  for  the  government  of  the  imtives  and  care  of  the 
rookeries  and  seal  herd.  And  I  know  those  laws,  rules,  and  regula- 
tions have  been  faithfully  adhered  to  and  fully  enforced,  published 
reports  of  transient  visitors  to  the  contrary  notwithstanding. 

Ntkla-ah,  being  duly  sworn,  deposes  and  says :  I  was  born  at  Howkan. 

Am  very  old ;  about  GO  years  old.    I  have  been  a 
Ntkla-ah,  p.  288.  hunter  all  my  life.    Have  hunted  fur-seal  every 

season  since  I  was,  old  enough,  in  a  canoe. 

'  The  nieasuremeiits  wore  made  very  imperfectly,  and  I  never  elaiiried  anything 
but  an  approximate  measurement.  It  was  my  opinion  that  the  numberti  woreexag- 
gerated,  and  I  so  stated  ut  the  time. — L.  A.  N. 


i 


THE   DEPONENTS   AND   Till  IR   EXPERIENCE. 


58 


John  O'Brien,  having  been  duly  sworn,  deposes  and  says:   I  am  40 
years  of  age;  I  reside  in  San  Francisco;  I  am  by 
occupation  a  longshoreman;    I  made  a  sealing   John  O'lMcn,p.i70. 
voyage  to  the  North  Pacsiflc  and  Bering  Sea  on 
the  Alexander,  which  sailed  from  Victoria  in  the  latter  part  of  January, 
1885.    I  was  a  boat-puller. 

Nelson  T.  Oliver,  being  duly  sworn,  deposes  and  says:  I  am  a  native 
of  New  Bedford,  Mass.,  and  I  am  58  years  old.    I 
am  a  resident  of  Port  Townsend,  where  I  have   Xehon  T.  Oliver, p.3.72. 
lived  for  the  past  twenty  years.    I  followed  sea- 
faring life  from  the  time  I  was  15  years  old  until  1888.    I  accompanied 
Capt.  Jacobs  on  board  the  Mollie  Adams,  sealing  schooner,  in  February, 
1888. 

John  Olsen,  having  been  duly  sworn,  deposes  and  says:  I  reside  in 
Seattle,  Washington.    My  occupation  is  ship  car- 
penter.   I  helped  to  build  the  schooner  Labrador,    John  0Uen,pA71. 
in  1890,  at  Vancouver,  and  went  sealing  in  her  in 
1891.    (3aptain  Whiteleigh  was  commander. 

Peter  Olson,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Howkan,  and  have  lived  at  Kasan  since  I  was  a 
boy.    Have  been  a  hunter  all  my  life.    Have  never    Pcter  Ohon,  p.  288. 
hunted  fur-seal;  always  hunted  on  the  laud;  a 
great  many  of  oui'  people  hunt  fur-seal  along  the  coast  of  Prince  ot 
Wales  Islands  and  out  in  Dixons  Entrance. 


Oponyak,  being  first  duly  sworn,  deposes  and 
says  that  he  is  65  years  old.  Is  a  native  and  resi- 
dent of  Aguis.  Certifies  the  evidence  given  by 
Dick  or  Ehenchesut  to  be  true. 


OponyalCip.dOS. 


i;'^* 


Osly,  being  duly  sworn,  deposes  and  says:  lam  a  native  Makah 
Indian,  and  reside  on  the  Indian  reservation  at 
Neali  Bay,  in  Clallam  County,  State  of  Washing-    Oahj,p.  390. 
ton,   United   States  of    America.    I    am    about 
28   years    old,   and    am    a    flshernsan    and   hunter    by    occupation. 
I  have    been    engaged    at    seal-hunting    along    the    coast    for    the 
last  ten  years.    At  first  I  hunted  in  large  canoes,  but  soon  com- 
menced to  go  hunting  in  schooners.    1  have  sealed  all  along  the  coast, 
from  the  mouth  of  the  Columbia  River  to  the  passes  leading  into  the 
Bering  Sea.    *    *    •    About  six  years  ago  I  went  to  Bering  Sea  as  a 
hunter  on  the  sealing  schooner  Favorite.    *    *    *    About  four  years 
ago  1  went  to  Bering  Sea  as  a  hunter  in  the  sealing  schooner  Challen- 
ger.   *    •    •    In  1889  I  again  went  to  the  sea  in  the  schooner  James 
G.  Swan. 


wkan. 
)een  a 
I  every 


tything 
|e  exag- 


Harrison  Gray  Otis,  being  duly  sworn,  says:  I  am  a  resident  of  this 
the  <'ity  of  Los  Angeles,  Cal.;  am  president  of 
the  Times-Mirror  Company,  and  editor  and  man-   h.  g.  Otis,  p.  85. 
ager  of  the  Los  An  geles  Daily  Times.   I  was  special 
agent  of  the  Treasury  Department,  in  charge  of  the  fur-seal  islands  of 
Alaska  during  the  years  1879,  1880,  and  1881,  and  hiul  three  assistant 
special  agents  stationed  at  the  islands,  acting  under  my  directions. 
During  these  years  I  was  present  at  the  islands  throughout  each  seal- 


w 


54 


THE   DEPONENTS  AND  TIIEIK   EXPERIENCE. 


ing  season,  Laving  my  lioadquarters  on  the  island  of  St.  Paul,  and  visit- 
ing the  smaller  island  of  Ht.  George  each  season,  and  with  my  assistants 
personally  superintended  the  catch  of  seals  and  the  count  and  shipment 
of  skins  in  every  instance.  During  every  sealing  season,  from  the  be- 
ginning to  the  end,  I  made  it  my  special  business  to  i)ersonally  visit 
and  insi)ect  the  breeding  rookeries  and  the  hauling  grounds  trom  time 
to  time  with  a  view  to  informing  myself  accurately  as  to  their  real  con- 
dition, especially  as  to  numbers,  habits,  and  habitat. 

Will  Parker,  being  duly  sworn,  deposes  and  says:  My  age  is  40  years, 
residence  and  citizen  of  Victoria,  British  Colnm- 

Will  Parker, p.  3i2.  bia;  occupation,  hunter.  I  went  sealing  in  1890 
in  the  Walter  Rich.  *  •  *  In  1889  I  sailed  as 
hunter  in  the  British  steamer  Ariel.  *  *  •In  1888  I  sailed  as 
hunter  and  interpreter  in  the  British  schooner  Alfred  Adams.  •  •  * 
In  1887  I  sailed  from  Victoria  as  hunter  and  interpreter  in  the  British 
schooner  Ada.  ♦  *  *  In  1884  and  1883  1  sailed  as  cook  on  the 
British  schooner  Thornton.  •  •  •  In  1882  and  1881 1  sailed  as  cook 
in  the  British  schooner  Onward. 


Wilson  Parker,  being  duly  sworn,  deposes  and  says:  I  am  a  native 

Makah  Indian  and  live  on  the  reservation  at  Neah 

WiUon  Parker,  p.  391.  Bay,   State    of  Washington,   United    States  of 

America,  and  am  by  occupation  a  hunter  and  lish- 

erman.    I  have  been  engaged  in  seal-hunting  for  about  eighteen  years; 

the  first  eight  or  ten  years  lused  to  go  as  a  steerer man  in  large  canoes, 

three  men  in  a  canoe,  and  the  Indians  in  the  canoe  used  spears.    We 

hunted  10  or  15  miles  offshore  and  about  the  same  distance  north  and 

south  of  Cape  Flattery. 

Charles  Peterson,  being  duly   sworn,  deposes  and  says:  I  am  30 

years  old  and  am  by  occupation  a  seafaring  man; 

Charles  Peterson,  p.  345.  ujy  residence  is  Victoria,  British  Columbia.    In 

April,  188G,  I  went  seal-hunting  from  Victoria  in 

the  schooner  Mountain  Chief.    *    ♦    *    In  the  spring  of  1887  1  went  on 

a  sealing  voyage  from  Victoria,  as  a  boat-puller,  in  the  schooner  Alfred 

Adams.    *    •    •    In  April,  1890, 1  went  sealing  in  the  Minnie.    *    *    * 

In  January,  1891, 1  left  Victoria  on  a  sealing  voyage  in  the  schooner 

Minnie. 


Chestoqua  Peterson, 
392. 


Chestoqua  Peterson,  being  duly  sworn,  deposes  and  says:  I  am  24. 
years  of  age,  and  am  the  son  of  Peter  Brown,  the 
^'  chief  of  the  Makah  Indians.  I  reside  at  Neah 
Bay,  Clallam  County,  State  of  Washington,  United 
States  of  America.  I  am  by  occupation  a  clerk  in  the  trader's  store 
here,  and  I  speak  the  English  language  well,  and  can  interpret  the 
Chinook  and  Indian  languages.  During  the  last  eight  years  I  have 
been  engaged  in  buying  and  handling  seal  furs  for  my  employer  at  Neah 
Bay. 

John  J.  Phelan,  being  duly  sworn,  says:  I  am  35  years  of  age,  a  cit- 
izen of  the  United  States  and  a  resident  of  Albany, 
John  J.  Phelan, p.  618.    in  the  State  of  New  York.    At  the  age  of  11  I 
entered  the  service  of  Mr.  George  C.  Tread  well, 
a  wholesale  furrier  of  Albany.    I  remained  with  him  until  the  time  of 
tufl  death,  and  have  since  been  in  the  employ  of  his  son,  Mr.  George  H. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


56 


am  24. 
)wn,  the 
it  Neali 

Uuited 

8  store 
)ret  the 

I  have 
at  Neah 


A.lbany, 
of  11  I 
tad  well, 
time  of 
orge  H. 


Treadwell,  who  has  succeeded  to  the  businesH  caiTie<l  on  by  his  father. 
It  has  alwnyb  been  a  part  of  my  occupation,  beginning  with  the  age  of 
11,  to  handle  fur  seal  skins,  and  during  the  last  twenty  years  I  have 
handled  nearly  every  seal-skm  that  canio  into  the  factory.  I  have  for 
many  years  been  in  the  habit  of  putting  them  through  every  process 
connected  with  their  i)reparation  for  manufacture,  except  that  of  dye- 
ing, with  which  I  am  not  familiar.  I  have  removed  the  flesh  and  blub- 
ber; I  have  washed  the  skins;  removed  the  hair  or  " picked "  them, 
shaved  them,  and  dressed  them ;  and  in  this  way  I  have  constantly 
gone  over  and  closely  observed  every  part  of  their  surfaces  in  all  stages 
or  processes  through  which  they  pass  before  they  go  to  the  dyer. 

Personally  appeared  before  me,  Thos.  N.  Molloy,  consul  of  the  United 
States  of  America  for  Newfoundland,  liichard  I'ike,  master  mariner  ot  St. 
Johns  aforesaid,  who  being  duly  sw<un  before  me, 
upon  his  oath  says:  I  am  a  nmster  mariner.    I    Jikhard  Pike, p.  592. 
have  been  engaged  in  the  i)rosecution  of  the  seal 
fishery  on  the  coasts  of  Labrador  and  Newfoundland  for  forty-four 
years,  twenty  years  of  which  I  have  been  master  of  a  steamer. 

Mr.  Henry  Poland,  being  duly  sworn,  doth  depose  and  say:  That  he 
is  40  years  of  age  and  a  subject  of  Her  Britannic 
Majesty;  that  he  is  the  head  of  tlie  firm  of  P.  K.    Henry  Poland,  p.  570. 
Poland  &  Son  doing  business  at  110  Queen  Vic- 
toria street,  in  the  city  of  London,  and  has  been  engaged  in  that  busi- 
ness twenty-one  years;  that  the  saidiirm  <)f  1*.  1{.  Poland  &  Son  are  do- 
ing business  as  fur  and  skin  merchants, -and  have  been  engaged  in  that 
business  fin- over  one  hundred  years,  having  been  founded  by  deponent's 

great-grandfather  in  the  year  1785,  and  having  be.en  continued  Avithout 
interruption  since  that  date  from  father  to  sun;  that  for  many  years 
last  past  deponent's  s.aid  firm  have  been  in  the  habit  of  buying  large 
numbers  of  fur-seal  skins,  in  fact  ever  since  skins  of  that  character 
have  become  an  article  of  commerce,  both  on  their  own  account  and  on 
commission  for  other  persons  resident  in  the  United  States  and  Canada 
and  elsewhere;  that  by  reason  of  having  purchased  so  many  skins  de- 
ponent has  a  general  and  substantial  knowledge  of  the  liistory  of  the 
fur-seal  skin  business,  and  of  the  character  and  kinds  of  fur  seal  skins 
coming  upon  the  London  market. 

Edwin  P.  Porter,  being  duly  sworn,  deposes  and  says:  My  age  is  25 
years;  residence,  Victoria,  I'ritish  Columbia;  oc- 
cupation, seaman  and  seal-hunter.     I  went  out    Kdmn  P.  Porter  p.  346. 
sealing  as  boat-steerer  on  the  British  S(!hoonei' 

rcnclope.  »  *  *  I  tlnnk  it  was  in  tlieyear  18S.S.  *  *  *  In  1889 
I  went  as  boat-steerer  on  the  British  scho(mer  Ariel.  *  *  •  In  1891, 
I  sailed  as  boat-steerer  in  the  British  schooner  I'whriua.  *  *  This 
year  [1892]  1  went  as  boat-steerer  in  the  British  steamer  Thhtle, 

Charles  W.  Price,  having  been  duly  sworn,  deposes  and  says:  I  am 
34  years  of  age  and  reside  in  San  Francisco.    My 
occupation  is  that  of  a  fiir-dresser  and  examiner    chaa.  W.  Price,  p.  521. 
of  raw  fur  skins.    I  have  been  engaged  in  the 
dressing  and  examining  of  fur  skins  about  twenty-years,  and  I  am  an 
expert  in  that  business.    I  have  examined  and  handled  large  numbers 
of  fur-seal  skins,  bothof  the  American  and  Bussian  side,  and  can  easily 
distinguish  oiie  from  the  other  trom  the  apx>earance  of  the  skins. 


? 


56 


THE   DEPONENTS   AND   THEIR    KXI>ERIENGE. 


Eliah  Pi">ko|>iut',  a  native  of  Aincliitka  Inland  of  the  AltMitian  Chain, 

r>2  years  of  a^je,  being  duly  Bworn,  deposes  and 

Eliah  Prokopief,  p.  215.  says:  Am  a  hunter  of  the  sea-otter  and  blue  fox, 

and  have  lived  in  this  vicinity  all  my  life.  I  hunt 
about  Attu,  Aii^rattu,  and  the  Hemichi  Ishiuds.  Have  never  hunted  uor 
killed  a  tUr-seal. 

Filaret  Prokopief,  a  native  of  Attu  Island,  Alaska,  23  years  of  age, 

being  duly  sworn,  deposes  and  says:  1  am  the 

Filaret  Prokopief ,  p.  216.  agent  and  storekeeper  at  this  place  for  the  Alaska 

Commercial  Company,  which  position  1  have  held 

for  the  last  two  years.    My  occu])ation  is  that  of  a  hunter,  principally 

for  the  sea-otter  and  fox;  never  for  the  fur-seal.    1  used  to  hunt,  before 

I  was  made  agent,  about  the  Attu,  Agattu,  and  the  Semichi  Islands. 

J.  C.  Kedpath,  being  duly  sworn,  deposes  and  says:  1  am  an  Ameri- 
can citizen,  a  native  of  Connecticut,  and  I  am 
J.  C.  Iicdpath,p.  147.  forty-eight  (48)  years  of  age.  At  present  I  am 
a  residtMit  of  St.  Paul  Island,  Alaska.  I  have  re- 
sided on  the  seal  Islands  of  St.  George  and  St.  Paul  since  my  first 
coming  to  Alaska  in  1875.  My  present  occupation  is  that  of  local 
agent  on  St.  Paul  Island  for  the  present  lessees,  the  North  American 
Commercial  Company.  I  have  a  practical  knowledge  of  and  am  thor- 
oughly conversant  with  the  habits  and  conditions  of  the  fur-seal  «  it 
exists  on  the  Pribilof  Islands  of  St.  George  and  St.  Paul,  and  al8<  >f 
the  methods  adopted  and  practiced  in  the  taking  of  the  skins,  and  of 
the  several  efforts  made  by  the  former  and  present  lessees,  as  experi- 
ence taught  them,  to  increase  the  herd  and  to  build  up  the  rookeries 
and  to  perpetuate  seal  life.  I  have  had  a  personal  experience  of 
seventeen  seasons  on  the  killing  grounds  in  different  situations  from 
that  of  seal-clubber  to  foreman,  several  years  of  which  I  hsive  been 
resident  local  agent.  My  position  as  local  agent  has  led  me  to  make  a 
careful  study  of  the  seal  question,  and  it  is  my  duty  to  report  from 
time  to  time,  to  the  general  agent  of  the  lessees  the  result  of  my  obser- 
vations. 

Charles  W.  Keed,  having  been  duly  sworn,  deposes  and  says:  1  am 
53  years  old,  and  am  an  American  citizen,  resi- 

CharlesW.  Reed,  p.  i72.  dciit  of  San  Francisco,  and  by  occupation  a  ship- 
master and  pilot,  and  a  member  of  the  San  Fran- 


cisco Pilot  Association.  I 
voyages,  as  master  of  a  s<; 
in  the  sealing  industry, 
first  voyage  1  remained  u 
subsequent  times  ft'oin  tli 
different  seasons  of  the  ye; 
the  seals  resorting  to  thes 


3tween  the  years  1872  and  1880  I  made  four 
ooner  and  in  charge  of  expeditions  engaged 
the  Galapagos  Islands.  *  *  *  In  the 
n  the  islands  about  seven  months,  and  at 
e  to  five  months  at  each  voyage,  covering 
.  I  have  thus  seen  and  caretully  observed 
islands  at  all  times  of  the  year. 


Personally  appeared  before  me  Paul  Eepin,  who,  being  duly  sworn, 

deposes  and  says :  I  am  57  years  of  age;  was  born 

Paul  Repin,p.  207.        in  Unalaska,  where  I  have  lived  all  my  life;  and 

am  a  native  of  Alaska.    For  many  years  I  was  a 

sea-otter  and  seal  hunter,  and  for  eight  years  in  my  younger  days  I 

made  trips  with  the  priest  to  Unga  and  other  villages  in  the  vicinity. 

I  have  heard  the  statement  made  by  Ruth  Burdukofski,  and  from 

my  knowledge  of  the  facts  know  the  same  to  be  true. 


sworn. 


THE    DEPONKNTS    AM)   TIIKIR    EXl'KKIKNCE. 


57 


L6011  IWvillon,  being  duly  sworn,  dotli  depose  and  say  as  follows: 
Tliat  he  is  49  years  of  age  and  a  citi/cn  of  the 
Frencli  Kepublic,  and  lives  in  the  city  of  Paris,    Uon  rJnllon,  p.  689. 
and  carries  on  business  at  No.  79  Kue  de  Kivoli, 
in  the  said  city,  and  is  a  member  of  the  flrni  of  KtWillon  Fr^res,  which 
firm  is  con)i>osed  of  Theodore  li<^villon,  Leon  lievillon,  and  Anat4)lo 
ItiHillon. 

That  the  said  firm  of  Rt'villoii  Freres  is  engaged  in  the  business  of 
buying,  dyeing,  and  selling  seal  skins;  that  they  have  been  engageil  in 
the  said  business  for  upward  of  twenty  years,  and  the  said  dejionent 
has  been  in  the  habit  of  purchasing  fur-seal  skins  during  tiie  wliole  of 
that  time;  tiiat  he  has  personally  handled  many  thousands  of  said  fur- 
seal  skins,  and  that  he  has  a  general  and  detailed  knowledge  ot  the 
history  of  the  business  of  dealing  in  fur-seal  skins  in  the  city  of  Paris, 
and  the  character  and  difference  which  distinguish  the  several  kinds  of 
skins  which  come  on  the  market. 

That  said  firm  of  K^villon  Fn'^res  has  bought  during  the  last  twenty 
years  upwards  of  400,000  seal  skins. 

George  Rice,  being  duly  sworn,  doth  depose  and  say:  That  he  is  60 
years  of  age,  and  a  subject  of  Her  Britannic  Ma- 
jesty. That  he  is  engaf'  jd  in  the  business  of  dress-  Geo.  like,  p.  572. 
ing  and  dyeing  furs  01  various  kinds  in  the  city 
of  London,  at  32,  33,  and  40  Great  Prescott  Street,  in  the  said  city,  and 
at  Stratford,  which  is  a  suburb  of  London.  Tliat  he  has  been  engaged 
in  the  fur  business,  and  principally  in  the  business  of  handling  fur-seal 
skins,  for  \  w  entyseven  years  last  i)ast.  That  eleven  years  ago  he  estab- 
lished his  present  business  of  dressing  and  dyeing  furs.  That  during 
the  eleven  years  since  the  establishment  of  his  present  business  he  lias 
handled  and  t  yed  large  quantities  of  fur-seal  skins,  and  has  during 
those  years  and  prior  thereto  personally  handled  hundreds  of  thousands 
of  fur-seal  skins,  and  that  in  the  year  1891  he  dyed  upwards  of  90,(M)0 
fur-seal  skins.  That  by  reason  of  his  experience  in  his  business  he  has 
a  general  and  detailed  knowledge  of  the  different  kinds  of  fur-seal  skins 
and  of  the  differences  which  distinguish  them,  as  well  as  the  history, 
character,  and  manner  of  conducting  the  fur-seal  skin  business  in  the 
city  of  London. 

Kesth  Riley,  being  duly  sworn,  deposes  and  says:  1  am  40  years  oldj 
born  and  reside  at  Killisnoo.    Am  now  working 
for  the  white  men  in  summer  and  catching  herring   Keath  luicu,  p.  252. 
for  making  oil  in  the  winter.    Sell  the  oil  to  the 
other  tribes  of  Indians.    I  have  visited  the  different  islands  in  the 
sound.    [Chatham.] 

W.  Roberts,  being  duly  sworn,  deposes  and  says :  I  reside  at  Yakutat 
Bay,  Alaska,  and  I  am  by  occupation  a  mariner. 
I  have  been  engaged  in  the  business  of  catching    w.  Roberta, p.  2ii. 
seals  in  the  North  Pacific  Ocean  and  Bering  Sea 
for  four  years,  three  years  as  sailor,  one  year  as  captain,  two  years  off 
the  coast  of  British  Columbia,  two  years  off  Southeast  Alaska  and 
Bering  Sea. 

William  Rohde,  being  duly  sworn,  deposes  and  s.ays:  I  am  a  resident 
of  St.  Paul,  K6diak,  Alaska,  and  am  captain  of  a 
hunting  and  trading  schooner.    I  have  resided  in    Wm.  iiohde, p.  222. 
Alaska  six  years,  and  in  all  that  time  followed 


68 


THE   DEPONENTS   AND    THEIR   EXPERIENCE. 


the  calHii'r  of  a  liuiiter.    * 


I  never  Ininled  fni-seals,  but  I  Lave 


a  knowledge  of  their  habits  and  movements. 

Rondtus,  being  duly  sworn,  deposes  and  says:  I  was  born  at  Yaku- 
tat,  and  belong  to  the  Yakntat  tribe  of  Indians. 

Bondtus,  p.2i2  Am  about  28  years  old  and  a  hunter  by  oceupa- 

tion.    I  have  hunted  fur-seal,  otter,  and  bear. 

Abel  Ryan,  being  duly  sworn,  deposes  and  says : 
Abel  Ryan,  p.  299.  I  am  22  years  old.    Was  born  in  British  Columbia 

and  reside  on  Dundas  Island.  I  have  hunted  fur- 
seal  every  season  since  I  was  a  boy,  between  March  and  June.  Always 
hunted  in  Dixons  Entrane(^  and  olf  Prince  of  Wales  Island. 

Thomas  F.  Ryan,  being  duly  sworn,  deposes  and  says:  I  am  a  resi- 
dent of  Indianapolis,  Indiana,  and  am  51  years 
Thomas  F.  Myan,  p.  m.oUl.      During  the  years  1885  and   ISSG  I   was 
assiss^.tnt  Treasury  agent,  residing  on  Si.  (Jeorge 
Island,  one  of  the  Pribilof  Islands.     I  arrived  there  about  tlie  1st  of 
May,  1885,  and  remained  there  until  August  9,  1880.    In  order  to  per- 
form my  duty  as  agent  I  made  a  car«'lul  study  of  seal  life  on  the  island, 
and  examined  as  far  as  I  was  able  into  the  habits  of  the  fur-seal. 

S.  W.  Saalburg,  being  duly  sworn,  deposes  and  says:  Tlie  following 

statistics  relative  to  the  number  of  salted  North- 

S.  W.  Saalbiirg,p.  521.  w(.st  Coast  seal-skius  purchased  by  the  firm  of  II. 

Liebes  &  ('o.,  of  San  Francisco,  Cal.,  and  prices 

paid  therefor,  have  been  gathered  by  me  from  the  books  and  records 

of  said  firm,  covering  a  ])eriod  from  the  year  1883  to  18J>2,  inclusive. 

1  held  the  position  of  cliief  bookkeeper  and  (cashier  for  H.  Liebes  &  Co. 

during  said  period  of  time,  and  know  of  my  own  personal  knowledge  that 

the  number  of  skins  set  forth  below  were  duly  puichased  by  said  tirm 

at  the  average  ]mces  stated,  and  tiiat  payment  tiierefor  is  regularly 

entered  on  the  firm's  cash  books  of  the  respective  years. 


u 


Saisun,  being  first  duly  sworn,  deposes  and  says  that  he  is  60  years 

of  age;  a  native  and  resident  of  Aguis;  quitseal- 

Saisun,  p.  307.  hunting  four  vears  ago.    Last  hunted  in  small 

schooner  IHcioii  or  Victor,  William  Gilbert,  alias 

Billy  the  Butch,  being  in  command.     He  spent  two  months  outside  in 

schooner  with  eight  canoes  an<l  sixteen  men.    Obtained  200  skins.    All 

were  caught  off  Cai)e  Flattery  and  Barclay  Sound,  about  10  miles  off 

the  shore.    Certities  evidence  given  by  Dick  or  Ehencliesut  to  be  true. 

Adolplius  Sayers,  having  been  duly  sworn,  deposes  and  says:  I  am 
a  seaman.    I  reside  in  San  Francisco.     lAvasen 

gaged  in  sealing  in  the  Bering  Sea,  and  iS'orth    AtMphua  Sayers,  p.  473. 
Pacific,  in  the  City  of  San  Diego  and  the  Aihiine, 
in  the  years  1887  and  1888.     I  was  master  of  the  Af7<7me.    *    *    •     I 
was  a  boat-puller  when  I  was  on  the  City  of  *SVm  Diego. 

O.  M.  Scanunon,  having  been  duly  sworn,  deposes  and  says:  I  am  67 

years  old  and  a  resident  of  Oakland,  Cal.    I  am 

C.  M.  Scammon, p.  in.  and  have  been  an  ollicer  in  the  United  Stjires 

Revenue  Maiine  Corps  since  1863.    In  1865  and 

1866  I  was  in  command  of  the  VVesteru  Union  Telegraph  Company's 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


69 


but  I  have 


•n  at  Yakii- 
of  Indians, 
by  occupa- 
ad  bear. 

3s and  says: 
ih  Columbia 
bunted  fur- 
e.    Always 


fleet  of  vessels  wben  it  was  ej{ peeled  to  establisb  a  telojfrapli  line  to 
Europe  via  BeHng"  Straits.  In  tliis  capacity  and  later  as  commander 
of  vessels  under  tbe  United  States  revenue-cutter  flap',  I  repeatedly 
passed  througb  Bering  Sea,  touching  at  the  seal  islands.  I  am  the 
author  of  the  work  entitled  "The  Maiine  JNIammals  of  the  Northwest- 
ern Coast  of  North  America,"  published  by  J.  II.  Carmany  &  Co.,  San 
Francisco,  1874.  In  preparing  Chapter  iv  of  part  2  of  that  work,  rel- 
ative to  fur-seals,  I  considted  every  accessible  authority  upon  that 
subject  and  added  the  result  of  my  own  observation  and  experience. 
Since  then  eighteen  years  have  elapsed  and  many  new  facts  have  boon 
brought  to  light  concerning  them,  confirming  for  the  most  part  what 
was  then  written,  yet  modifying  to  some  extent  the  conclusions  ar- 
rived at. 


am  a  resi- 
m  51  years 
880  I  was 
St.  Ceorge 
:  tlie  1st  of 
•dor  to  i)or- 
the  island, 
seal. 

le  following 
Ited  North- 
e  firm  of  II. 
and  prices 
»nd  records 
',  inclusive, 
ebes  &  Co. 

ledge  that 
said  firm 

regularly 


is  60  years 
quit  seal- 
in  snuiU 
belt,  alias 
outside  in 
cins.  All 
0  miles  otf 
tx>  be  true. 

ays :  I  am 

'/<)'»,  p.  473. 
*     #     J 


I  am  07 
al.  I  am 
ed  Stares 
18G5  and 
ompany's 


Schkatatin,  being  duly  sworn,  deposes  and  saya:  I  was  born  in 
Takutat  and  I  have  lived  there  all  my  life.    I  be- 
long to  the  Yakutat  tribe  of  Indians  and  am  now    Schkatatin.  p.  243. 
a  very  old  man ;  am  by  occupation  a  hunter.    Yes ; 
I  have  killed  fur-seal.    I  used  the  bow  and  arrow  for  killing  them. 
*    *    •    I  have  traveled  from  Icy  Bay  to  Nuchuk  and  back  along  the 
coast  as  far  east  as  Lityu  Bay. 

Benjamin  F.  Scribner,  being  duly  sworn,  deposes  and  says:  I  am  00 
years  of  age,  and  a  pharmacist  by  profession.   My 
residence  is  New  Albany,  Ind.    In  July,  1878,  I    b.  F.Scriitm;  p.  89. 
was  appointed  .assistant  Treasury  agent  foi"  the 

seal  islands,  and  arrived  on  said  islands  in  May,  1879.  1  landed  at  St. 
George  Island  and  remained  there  continuously  until  August,  1880,  ex- 
cei)t  a  part  of  the  season  of  1880  I  spent  on  St.  Paul  Island.  During 
this  time  I  made  a  careful  study  of  seal  life  in  connection  with  my  olh- 
cial  duties,  and  also  for  my  own  satisfaction. 

L.  G.  Shepard,  being  duly  sworn,  deposes  and  says:  I  am  45  years  of 
age;  a  resident  of  Washington,  D.  C,  and  am 
captain  in  the  U.  S.  1?  jvonue  IMarine  Service,  chief  l.  G.  Shcjyard,  p.  187. 
of  division  Revenue  IMiirine,  Treasury  Depart- 
ment.   In  command  of  the  revenue  steamer  A'«.s7/,  I  made  three  cruises 
to  Bering  Sea  in  the  years  1887,  1888,  and  1889,  for  the  purpose  of  en- 
forcing existing  law  for  protection  of  seal  life  in  Alaska  and  the  waters 
thereof,  and  also  to  protect  other  Government  interests  in  Alaska. 

William  Sho-t,  being  duly  sworn,  deposes  and  says:  lam  20  years 
old  and  reside  at  Victoria,  liritish  Columbia,  and 
am   by  occupation  a  painter.    On   Jaimary  14,    William  Short,  p.  Si8. 
1890,  I  sailed  as  a  boat-puller,  from  Victoria,  B. 
C,  on  the  Britisii  sealing  schooner  Mafff/ic  Mac.     *     *     *     In  July, 
1891, 1  sailed  out  of  the  port  of  Victoria,  B.  C,  as  a  hunter  on  the  Brit- 
ish sealing  schooner  Otto. 

Showoosch,  being  duly  sworn,  deposes  and    says:  I  was  born  at 
Sitka;  am  a  very  old  man,  and  I  belong  to  the 
Yakutat  tribe  of  Indians;   have  been  a  hunter    showoosch,  p.  2i3. 
all  my  life,  hunting  sea  otter  and  seal  in  the  sum- 
mer and  bear  and  fox  in  the  winter.    When  J  was  a  young  man  I  killed 
fur-seal  oft  Yakutat  Bay,  using  a  spear  altogether.    1  haveu't  killed  any 
seal  lately. 


I 


60 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


George  Sbuckeyali,  being  duly  sworn,  deposes  and  says:   lama 

cousin  of  the  head  chief  of  the  Chilcat  Indians. 

George  Shuokeyah,  p.  248.  Am  30  years  old.    I  go  up  aud  down  the  coast 

from  Chilcat  to  Wrangel  and  meet  .many  people 
belonging  to  the  different  tribes  of  Indians. 

Shucklean,  being  duly  sworn,  deposes  and  says:  Was  born  and  have 
lived  at  Killisnoo  all  my  life.    Am  60  years  of  age. 
Shucklean,p.  253.  I  was  a  doctor  most  of  my  life,  but  have  given  it 

up,  and  I  now  catch  herring  and  make  oU.  The 
oil  I  sell  to  the  people  of  other  tribes,  who  come  a  long  ways  to  pur- 
chase it  from  me.  Have  been  down  to  Sitka,  aud  on  all  islands  and 
inlets  around  Chatham  Sound. 

Jack  Shucky,  being  duly  sworn,  deposes  and  says:  Was  born  in 

Shakan;  am  a  hunter  by  occupation ;  have  hunted 

Jack  Shucky,  p.  289.       Seal  in  summer  time  and  bear  in  winter  since  1 

was  a  boy;  have  always  hunted  seal  off  Prince  of 

Wales  Islands  in  my  canoe. 

Alexander  Shyha,  being  duly  sworn,  deposes  and  saith:  I  am  chief 
of  the  native  settlement  at  Fort  Alexander,  Cooks 
Alexander  Shyha,  p.  226.1nlet,  Alaska  Territory,  and  am  by  occupation  a 
hunter  of  all  fur-bearing  animals  found  in  this 
vicinity  excepting  the  fur-seal.    I  am  a  native  of  Alaska,  and  have  re- 
sided all  my  life  in  the  Territory.    My  occupation  as  a  hunter  has  taken 
me  along  the  coast  and  to  the  sea  a  distance  of  liom  20  to  30  miles  liom 
the  coast. 

Peter  Simes,  having  been  duly  sworn,  deposes  and  says:  1  reside  in 
San  Francisco.     My  occupation  is  that  of  steward. 

Peter  Sme8,p.  476.  I  made  one  sealing  voyage  in  1800  on  the  British 
schooner  Uvibrina,  of  which  Capt.  Campbell  was 
master. 

Aaron  Simson,  being  duly  sworn,  deposes  and   says:  I  reside  at 
\S'raMgel  and  am  22  years.    I  have  hunted  seal 
Aaron  Simaon,  p.  290.     gome  off  Queeu  Charlottes  Island. 

Martin  Singay,  being  duly  sworn,  deposes  and  says:  Am  about  58 

years  old.    Born  at  aud  reside  in  Sitka  aud  am 

Martin  Singay,  p.  268.    by  occupation  a  hunter.    Have  hunted  seal  every 

summer  and  deer  every  winter  since  I  was  a  small 

boy.    Have  never  been  in  Beiing  Sea.    Have  hunted  seal  off  Sitka 

Bound. 

Jack  Sitka,  being  duly  sworn,  deposes  and  says:  Am  56  years  old. 

Was  born  and  reside  in  Sitka.    Am  a  hunter  by 
Jack  Sitka,  p.  268.        Occupation.    Have  hunted  seal  every  season  since 

I  was  a  boy. 

Skeenong,  being  duly  sworn,  deposes  and  says :  I  was  born  at  Copper 

Kiver.     I  am  an  old   man   and  belong  to  the 

Skeenong, p.  2ii.  Yakutat  tribe  of  Indians,  but  have  lived  here 

but  one  year.    I  hunt  the  sea-otter  and  land  game 

ir  seasons. 


? 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


61 


Frederick  Skibby,  being  duly  sworn,  deposes  and  saitli:  I  reside  at 
Coal  Point,  Kacheniak  Bay,  Cooks  Inlet,  Alaska, 
and  have  liv  ed  in  the  Territory  for  the  past  seven    Frederick  Skibby,  p.  228. 
months,  exclusively  at  this  place.    I  am  a  coal- 
miner  by  occupation,  and  have  no  knowledge  of  far-seal  life. 

Thomas  Skowl,  being  duly  sworn,  deposes  and  says:  I  am  chief  of 
the  Kas-aan  Indians.    Was  born  at  Kasaan,  and 
have  lived  there  all  my  life.    Am  48  years  old.    Thomas  Skowi,  p.  300. 
Am  a  hunter  by  occupation,  and  have  hunted  fur- 
seal  the  past  fifteen  years.    Always  hunted  seal  in  Dixons  Entrance 
and  off  Prince  of  Wales  Island,  and  hunted  them  each  year  from  March 
to  June. 

George  Skultka,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Howkan,  and  have  lived  there  all  my  life.    I  am 
chief  of  the  Hyda  Indians;  am  about  50  years     George  Skulika, p. 290. 
old.     Am  a  hunter  by  occupation.    Have  hunted 
fur-seal  since  I  was  about  20  years  old. 

Yuan  Slanoch,  being  duly  sworn,  deposes  and  says:  Am  35  years 
old;  born  and  have  lived  in  Killisnoo  all  my  life. 
My  business  is  that  of  catching  herring  and  mak-     Yuan  Slanoch,p.  253. 
ing  oil,  and  chopping  wood.    1  sell  the  oil  to  peo- 
ple of  other  tribes.    When  following  my  occupation  I  visit  all  the 
islands  and  inlets  of  Chatham  Sound,  and  have  never  seen  or  taken  a 
fur-seal  in  my  life. 

James  Sloan,  having  been  duly  sw  )rn,  deposes  and  says:  I  reside 
in  San  Francisco.    I  am  by  occupation  a  seaman. 
1  made  three  voyages  to  Bering  Sea.    My  first   <^«'*-  5/0071,^.477. 
voyage  was  on  the  Flyiiuj  Mist,  of  which  Capt. 
Saddler  was  master;  my  next  was  on  the  Penelope^  of  which  Capt.  Lit- 
tlejohn  was  master,  and  my  next  was  in  the  schooner  Arctic,  of  which 
Capt.  Brassey  was  master.    We  sailed  from  here  on  the  Flying  Mist 
on  the  17th  day  of  April,  1871.    *    *     *     On  my  next  trip,  in  1884,  I 
sailed  from  Yokoiianui,  Japan,  on  the  Penelope,  leaving  tliere  about 
March,    *    *     *    going  to  the  Okhotsk  Sea,  scaling  tiicre  about  a 
month.    •    *    *    My  third  voyage  was  in  1881).    I  sailed  from  Yoko- 
hama on  the  Arctic  about  the  latter  part  of  January.    •    •    •    "We 
went  to  the  Okhotsk  Sea  and  scaled  there  about  two  months. 

Leon  SIosSj  having  been  duly  sworn,  deposes  and  says:  I  am  33  years 
of  age,  a  native  of  California,  and  a  resident  of 
San  Francisco,  Cal.     I  was  for  several  years  a   Leon  Sloss,  p.  90. 
director  of  the  Alaska  Commercial  Company,  and 
am  a  member  of  the  partnership  of  Louis  Sloss  &  Co.,  and  have  been 
engaged  for  the  past  fifteen  years  in  dealing  in  wools,  hides,  and  fur 
skins,  but  have  now  no  interest  in  seals  or  sealeries. 

I  was  superintendent  pro  tempore  of  the  sealeries  of  Alaska  in  the 
interim  from  1882  to  1885,  inclusive,  during  the  illness  of  H.  II.  Mcln- 
tyre,  the  regular  superintendent,  and  spent  the  sealing  season  of  those 
three  years  on  the  Pribilof  Islands  in  tlu^  personal  management  of  the 
business.  I  am,  therefore,  by  reason  of  this  service  and  of  my  active 
employment  at  all  other  times  in  the  oflH(!e  of  the  Alaska  Commercial 
Company  from  1877  to  this  date,  acquainted  with  every  aspect  of  the 


62 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


Imih 


business.  All  advices  from  our  London  agents,  and  information  iu 
regard  to  the  seal-skin  market  from  all  sources,  passed  through  my 
hands,  and  instructions  to  the  agents  of  the  company  in  regard  to  the 
class  of  skius  desired  emanated  fiom  time  to  time  from  me. 


Fred  Smith,  being  duly  sworn,  deposes  and  says:  Was  born  at  and 
reside  ;  Victoria.  Have  been  a  seal-hunter  for 
the  last  three  years  on  the  Winifred,  Sea  Lion,  and 
Mascot,   British    schooners,   and    the  American 


Fred.  Smith  p.  349. 


schooner  Challenge. 
Ocean. 


Have  hunted  seal  in  Bering  Sea  and  the  Pacific 


John  W.  Smith,  being  duly  sworn,  deposes  and  says:  I  reside  at  the 

settlement  known  as   Soklovoi,  on  Cooks  Inlet, 

Jno.  W.  Smith,  p.  2^2.    Alaska.    I  have  lived  in  the  Territory  for  the  past 

t^\ent3'^-four  years,  chiefly  at  trading  posts  along 

the  cost  of  Alaska,  between  Prince  William  Sound  and  the  Yukon 

River,  in  the  employ  of  fur-trading  companies.    I  am  at  present  the 

agent  of  the  North  American  Commercial  Company  at  this  place,  and 

it  is  my  duty  to  trade  in,  and  otherwise  handle,  furs  and  skins  of  all 

descriptions. 

William  H.  Smith,  being  duly  sworn,  deposes  and  says:  I  am  by 

occupation  a  seaman  and  seal-hunter.    Have  been 

Wm.  E.  Smith,  p.  il8.    engaged  in  catching  seals  in  the  North  Pacific 

Ocean  for  fourteen  years  and  one  season  in  Bering 

Sea.    Have  been  mate  and  captain  while  sealing. 

E.  W.  Soron,  having  been  duly  sworn,  deposes  and  says:    I  am  by 
occupation  a  seaman.    I  reside  in  San  Francisco. 
E.  W.  Soron,  p.  479.       j  ^^^^  ^^  ^^id  North  Pacific  iu  188«,  on  board  the 
City  of  San  Diego,  as  mate. 

Stahkan,  being  duly  sworn,  deposes  and  says:  I  was  born  atTakutat 
and  am  now  a  very  old  man.     Have  hunted  seal 

Stahkan,  p.  2U.  and  scaottcr  all  my  life  during  the  summer  sea- 

son, using  the  spear  and  arrow. 

Emil  J.  Stake,  being  duly  sworn,  says:  I  am  28  years  of  age,  a  citi- 
zen of  the  United  States,  and  a  resident  of  the 
Emil  J.  Stake,  p.  530.     city  of  New  York.    In  1851  John  Ituszits  estab- 
lished in  the  city  of  New  York  a  large  wholesale 
fur  business,  at  the  head  of  which  he  remained  until  his  death  in  1890. 
•    *    *    I  entered  the  employ  of  John  Euszits  at  the  age  of  14.    Since 
the  age  of  21 1  have  been  familiar  with  every  transaction  connected 
with  the  business,  and  upon  his  death  I  succeeded  to  its  sole  manage- 
ment. 

William  Charles  Blatspiel  Stamp,  being  duly  sworn,  doth  depose  and 
say :  That  he  is  51  years  of  age,  and  a  subject  of  Her  Britannic  Majesty, 

and  is  engaged  in  business  at  38  Knightrider 
W.  C.  B.  Stamp,  p.  574.    Street,  London,  E.  C,  as  a  fur  and  skin  merchant. 
That  he  has  been  engaged  in  that  business  for 
upwards  of  thirty  years,  and  has  been  iu  the  habit  of  purchasing  fur- 
seal  skins  during  the  whole  of  the  time  that  he  lias  been  in  business. 
That  he  has  personally  haudhul  many  thousands  of  such  fur-seal  skius, 


THE   DEPONENTS   AND   THEIR    EXPERIENCE. 


63 


and 


and  he  has  inspected  the  samples  at  practically  every  sale  of  fiiir-skins 
made  in  London  during  the  whole  of  the  time  he  has  been  in  business, 
and  in  consequence  of  these  facts  and  (»f  his  knowledge  of  the  fur-seal 
skin  business  he  hns  a  general  and  detailed  knowledge  of  the  history  of 
the  business  of  dealing  in  fur-seal  skins  in  the  city  of  London  and  of  the 
character  and  ditt'erences  which  distinguisli  the  several  kinds  of  skins 
coming  on  the  market. 

Cyrus  Stej)hens,  having  been  duly  sworn,  deposes  and  says:  lam 
working  at  calking  vessels  at  the  present  time;  I 
was  employed  on  sealing  vessels  in  the  North  l*aci-      Ci/rua  SUphcna,  p.  479. 
lie  in  1888  as  cabin  boy  and  boat  puller.     I  made 

two  voyages  to  the  North  Pacific:  first  in  the  City  of  San  Dinio  and  the 
next  in  the  C,  G.  White,  in  ISIH).  We  left  here  with  the  C'ity  of  San 
Diego  in  February  of  J888,  and  arrived  in  the  Bering  Sea  in  June,  1888. 

B.  H.  Sternfels,  having  been  duly  sworn,  deposes  and  says:  I  am  50 
years  of  age,  and  reside  in  San  Fiancisco.  My 
occupation  is  that  of  a  fur  merchant.  I  have 
been  engaged  in  handling  and  jmrchasing  fur  for 
twenty-six  years,  and  I  am  throughly  familiar  with  the  fur-seal  skins  in 
their  raw  and  dressed  condition. 


£.  H.  Stertifeh,  p.  52L', 


Joshua  Stickland,  being  duly  sworn,  deposes  and  says:  I  reside  in 
Victoria,  British  Columbia:  1  am  by  occupation 
asealhunter;  havebeen  in  the  business  two  years     Joshua  Stickland,  p.Sid. 
on  the  British  schooner  Umbrina. 

Q.  What  is  your  name,  age,   residence,  and  occupatirn? — A.  My 
name  is  Gustave  Sundvall ;  1  am  Li7  years  of  age; 
occupation,  sea  captain,  and  am  residing  at  pres-  480'"*'  "'^     ""  ''"  '   ^'' 
ent  at  Oakland,  Cal. 

Q.  Are  you  a  citizen  of  the  Ignited  States? — A.  I  am. 

Q,  What  State  are  you  a  resident  of? — A.  I  am  a  resident  of  the 
State  of  California. 

Q.  Have  you  been  engaged  in  catching  seals  in  the  Pacific  and  Ber- 
ing Sea,  and  for  how  long? — A.  I  have  beeu  engaged  iu  catching  seals 
in  the  Pacific  and  Bering  Sea  for  a  number  of  years. 

John  A.  Swain,  being  duly  sworn,  deposes  and  says:  I  reside  at 
Victoria,  British  Columbia.     1  am  a  seaman  by 
occupati(m,  and  am  21  years  ol<l.     I  went  sealing      John  A.  Swain,  p.  350. 
in  May,  181)1,  as  boat  puller  in  the  steamer  Thistle. 

*  *  *  *  In  February,  1892,  I  again  shipped  in  the  schooner 
Geneva. 

Z.  L. Tanner, being  duly  sworn,  deposes  and  says:  I  am  a  lieutenant- 
commander  in  the  U.  S.  Navy.     I  liave  nnule  five 
cruises  in  Alaskan   waters,  in  conunand  of  the     ^-  L.  Tanner,  p,  373. 
Fish  Commission  steamer  Albattosn,  now  tempo- 
rarily in  the  service  of  the  I'nited  States  Ivcvenue  Marine,  as  follows, 
viz:  I  left  San  Francisco  .hdy  4,  1888,  for  the  north,  via  Esquinudt 
and  Departure  Bay,  where  we  jailed  for  coal.     Arriving  oft'  the  west 
end  of  Unalaska  Island  on  the  21st,  conunenced  exploring  the  coast  in 
the  interest  of  the  fisheries,  soundings  being  run  from  shore  to  the  100- 
fathom  line.    Arrived  at  lliuliuk,  Unalaska  Island,  ou  the  23d,  and 


64 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


;.i( 


sailed  on  the  28tli.  Explorations  extended  to  the  Fox  Islands  Passes, 
the  Sannaks,  and  to  the  Shuniagin  Islands.  Called  at  Sand  Point  (or 
Humboldt  Fiiubor),  Eagle  Harbor,  and  Yukon  Harbor,  in  the  latter 
group.  Resuming  the  work  of  exploration,  <;  was  carried  to  Mitroi'ania 
Bay,  where  we  called,  and  tlienee  to  Katliak  Island,  stopping  at  Old 
Harljor  and  Port  Hobron.  The  extensive  banks  oft'  the  south  coast  of 
Kadiak  were  examined,  and  a  call  made  at  St.  Paul,  the  most  important 
settlement  in  that  region.  Leaving  the  latter  place,  the  work  of  ex- 
ploration included  the  I'ortlock  IJank,  and  thence  to  Aliddleton  Island, 
where  a  landir.g  was  made.  Soundings  were  then  carried  in  the  direc- 
tion of  the  repttrted  position  of  tlie  Pamplona  Rocks,  for  which  an  un- 
successful search  was  made.  Thence  we  proceeded  to  Departure  Bay, 
Puget  Sound,  the  coasts  of  Washington  and  Oregon,  and  to  San  Fran- 
cisco, arriving  October  21. 

I  lett  San  Francisco  on  the  21st  of  May,  1889,  and  was  engaged  in 
deep-sea  exploration  on  the  coasts  of  Oregon  and  Washington  until 
July  7,  then  made  a  trip  to  southeastern  Alaska  through  the  inland 
passages,  visiting  Fort  Tongass,  New  Metlahcatlah  ^Port  Chester), 
Karta  Bay,  Port  Wrangell,  Sitka,  Pa vlof  Harbor,  Glacier  Bay,  Hoon- 
yah,  Chilkat,  Chilkoot  and  Juneau.  Returned  to  Tacotna  on  July  28, 
calling  at  Victoria,  Port  Townsend  and  Seattle  en  r(mte.  I  sailed  for 
the  north  on  the  5th  of  May,  1890,  via  Departure  Bay,  British  'Colum- 
bia, and  commenced  the  examination  of  the  region  fnmi  the  Sannaks  to 
Unimak  Pass  on  the  21st,  arriving  in  Unalaska  on  the  23d.  The  work 
of  the  season  included  the  exploration  of  the  northern  coasts  of  Una- 
laska,  Unimak,  the  Alaska  Peninsula,  and  the  northern  shores  of  Bris- 
tol Bay  to  the  Kuskowim  River.  The  Slime  Bank  and  Baird  Bank 
were  developed  in  liristol  Bay.  A  survey  was  made  of  the  lower 
Nushagak  River,  the  entrance  to  Port  MoUer,  and  Heiendeen  liay. 
Deep-sea  exploration  was  extended  to  58°  43'  north  and  longitude  175° 
30'  west,  passing  near  the  lOO-fatliom  line,  70  miles  to  th".  westward  of 
the Pribilofs.  Left  Bering  Sea  August  26,  arriving  in  San  Francisco 
September  26,  via  Departure  Bay,  Port  Townsend,  and  the  Califor- 
nia coast,  where  we  were  engaged  in  deep-sea  exploration  from  the  21st 
to  the  25th.  I  sailed  again  for  Bering  sea  July  16,  1891,  having  on 
board  the  United  States  commissioners  to  the  seal  islands.  We  ar- 
rived at  Unalaska  July  25,  and  were  at  the  Pribilof  Islands  from  the 
28th  to  August  10.  Left  the  sea  on  the  13th  of  August,  and  reached 
San  Francisco  September  15,  via  Departure  Bay,  Esquimalt  and 
Puget  Sound.  On  the  19th  day  of  March,  1892,  1  sailed  tiom  San 
Francisco  for  Alaskan  waters,  via  Port  Townsend  and  Seattle. 

The  cruise  had  sjiecial  reference  to  the  migration  of  the  fur-seal  herd 
and  their  relation  to  the  localities  visited  by  us;  in  other  words,  we 
were  to  ascertain  whether  there  were  fur-seal  rookeries  in  Cooks  Inlet 
or  Prince  William  Sound,  whether  they  hauled  out  or  attempted  to 
haul  out  there,  or,  in  fact,  anywhere  in  Alaska  outside  of  the  Pribilof 
Islands.  The  following  places  were  visited  in  the  order  named:  Port 
Graham,  with  its  tributary  settlement  of  Fort  Alexander,  having  a 
population  of  120,  all  Aleuts  except  one  white  man,  the  agent  of  the 
Alaska  Commercial  C(»mi)any.  The  men  are  hunters.  Chesloknu  Bay, 
with  its  village  of  Soldovoi,  having  a  mixed  population  of  Aleuts  and 
Kenai  Indians,  numbering  103,  and  four  white  men.  The  natives  are 
hunters.  Coal  Point,  population  11,  all  white,  occupied  in  holding 
possession  of  coal  claims.  Some  of  them,  having  had  many  years  ex- 
perience in  the  Territory,  were  able  to  give  much  valuable  testimony. 
St.  Paul,  Kadiak,  poi^ulatiou  380,  iio  of  whom  are  white,  the  remainder 


THE   DEPONENTS   AND  THEIR  EXPERIENCE. 


65 


Creoles  and  Aleuts.  The  native  men  and  nearly  all  of  the  whites  are 
hunters.  \\  cod  Island,  near  St.  Paul,  has  a  population  of  193,  includ- 
ing three  whites,  the  natives  being  mostly  hunters.  Owing  to  a  severe 
winter  and  late  spring,  the  men  were  still  at  home,  and  we  were  able  to 
procure  aflBdavits  from  35  whites  and  55  native  hunters,  who  had  prac- 
ti(;al  knowledge  of  the  subject  in  the  regions  in  which  they  were  in  the 
habit  of  hunting.  The  regular  work  of  the  Albatross  is  deep-sea  explo- 
ration, the  discovery  and  development  of  fishing  grounds,  and,  not  in- 
frequently, purely  siieHtiflc  investigation  in  normal  ocean  depths  far 
outside  of  the  range  of  economic  species. 

1  have  been  engaged  in  this  work  nearly  fourteen  years,  during  which 
time  it  has  been  a  part  of  my  duty  to  acquire  information  concerning 
the  seal  and  its  life.  This  has  been  done  not  only  from  personal  expe- 
rience and  observations,  but  by  questioning  practical  men,  such  as 
intelligent  mariners,  fishermen,  and  hunters.  Pelagic  sealing  has  been 
a  fre(]uent  subject  of  conversation  and  argument  with  me  since  my 
fli'st  northern  cruise  in  1888,  and  I  have  reached  the  following  conclu- 
sions: 

W.  B.  Taylor,  of  Omaha,  Nebr.,  being  duly  sworn,  deposes  and  says :  I 
am  41  years  of  age,  secretary  and  treasurer  of  the 
Globe  Loan  and  Trust  Company,  of  Omaha,  Ne-     w.  B.  Taylor,  p.  175. 
braska,  and  am  uotandnever  have  been  in  anyway 
connected  with  any  company  engaged  in  the  seal-skin  industy.    In  the 
year  1881  I  was  assistant  Treasury  agent  for  the  seal  islands.    I  ar- 
rived on  the  islands  in  the  latter  part  of  May  of  that  year,  and  after  a 
week's  stay  on  St.  Paul  Island  was  detailed  to  St.  George,  remaining 
there  until  the  latter  part  of  August.    Since  then  I  have  not  been  on 
the  islands.    While  on  St.  George  I  was  on  the  killing  grounds  every 
day  (luring  the  season,  and  visited  the  rookeries  almost  daily,  both  in 
connection  with  my  oflicial  duties  and  for  the  purpose  of  studving  seal 
life. 


Tchet-Chak,  being  duly  sworn,  deposes  and  says:  Was  born  at  Kil- 
lisnoo  and  have  liveil  here  all  my  life.    Am  now  a 
very  old  man.     ]My  occupation  is  that  of  a  herring-     Tchet-Chak,  p.  254. 
fisher  and  Avood-choi)i)er.    Have  visited  all  the 
islands  and  inlets  in  Chatham  Sound  and  other  parts  of  southeastern 
Alaska. 

Emil  Teicihmann,  being  duly  sworn,  doth  depose  as  follows: 

First.  That  he  is  40  years  of  age,  a  native  of 
the  Kingdom  of  Wurtemberg,  and  is  now  a  uatu-     ^»"'  Tdchmann, p. 576. 
ralized  subject  of  Iler  Britannic  Majesty. 

That  since  the  age  of  manhood  he  has  been  engaged  in  the  fur  busi- 
ness; that  from  1800  to  1808,  inclusive,  he  resided  in  America  it  that 
business,  and  since  1808  he  has  resided  in  England  and  done  business 
in  the  city  of  London,  and  is  now  and  has  continually  been  during  all 
these  years  engaged  in  one  way  or  another  in  the  fur  business.  That 
he  is  now  a  member  of  the  firm  of  0.  M.  Lampson  &  Co.,  and  has  been 
a  member  of  such  firm  for  the  period  of  twelve  years  last  past.  Tliat 
prior  to  the  time  he  became  a  member  of  such  firm  and  from  the  years 
1873  to  1880  he  was  a  member  of  the  firni  of  Martin  &  Teichmann,  who 
were  then,  and  its  successors  C.  W.  Martin  &  Sons  still  are,  the  largest 
dressers  and  dyers  of  seal-skins  in  the  world. 
o  n  fcj 


I 


66 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


hi 


That  the  firm  of  0.  M.  Lampson  &  Co.,  of  wliich  deponent  has  been 
as  aforesaid  for  the  last  twelve  years  a  member,  are  what  is  known  as 
commission  merehants  engn{,'ed  in  the  business  of  selling  furs  of  various 
kinds  and  also  in  buj'ing  furs  upon  commission. 

That  the  said  firm  of  C.  M.  Lampson  &Co.  has,  during  the  time  that 
deponent  has  been  a  member  thereof,  handled  a  larger  number  of  skins 
of  the  fur-seal  than  all  the  other  firms  in  the  world  together,  and  depo- 
nent knows  from  inspection  of  the  books  of  his  said  firm  that  for  many 
years  prior  to  the  date  when  he  became  a  member  of  the  same  they  also 
ifiandled  during  many  years  previously  thereto  a  larger  number  of  fur- 
seal  skins  than  all  the  other  firms  in  the  world  together. 

That  during  the  time  deponent  has  been  a  member  of  the  said  firm 
he  has  jiersonally  handled  m.any  hundreds  of  thousands  of  fur-seal  skins, 
and  he  has  a  detailed  and  expert  knowledge  of  the  ^'arious  kinds  of 
seal  skins,  and  the  several  dift'erences  between  them  which  enable  the 
several  sorts  of  seal-skins  to  be  distinguished  from  each  other. 

Deponent  was  connected  with  the  firm  of  Messrs.  J.  M.  Oppenheim 
&  Co.,  at  New  York  and  London,  from  the  years 

EmilTeichmann,iJ.&l9.  18G6  to  1872  inclusive,  and  his  late  partner,  Mr. 
Martin,  and  himself  ultimately  succeeded  to  the 
business  of  Messrs.  J.  M.  Oppenheim,  so  far  as  it  related  to  the  dressing 
and  dyeing  of  sealskins. 

George  H.  Temple,  having  been  duly  sworn,  deposes  and  says:  I  am 
32  years  old;  a  native  of  Vermont,  where  I  now 

Geo.  H.  TmpU,  p.  153.  reside.  I  was  bred  to  the  occupation  of  farming, 
and  am  at  present  a  hardware  merchant  in  my 
native  town  of  Randolph. 

From  188(1  to  1882  I  was  empKiyed  by  the  Alaska  Commercial  Com- 
pany at  St.  Paul  Island,  Alaska,  as  assistant  agent,  and  in  that  position 
became  familiar  with  the  work  of  handling,  driving,  and  herding  tlie 
killable  seals,  and  with  the  habits  and  peculiarities  of  the  breeding 
seals  on  the  rookeries,  both  of  which  have,  in  the  main,  been  accurately 
and  intelligently  described  by  H.  W.  Elliott  in  his  "  Rei)ort  on  the  8eal 
Islands  of  Alaska,"  published  by  the  Department  of  the  Interior,  Census 
Office,  1881. 


Michael  Thikahdaynahkee,  being  duly  sworn,  deposes  and  says: 
Am  about  00  years  old ;  born  at  and  live  in  Sitka. 
Have  been  a  seal  hunter  all  my  life. 


M.  Thikahdaynahkee, p 
269. 


W.  Thomas,  being  duly  sworn,  deposes  and  says:  I  am  a  seaman  by 
occupation  and  at  i)resent  captain  of  the  steamer 

W.  rhomasjp.  485.  Elsie.  Previous  to  taking  command  of  the  Ulsie 
I  was  in  command  of  the  steamer  Karluk  doing 
business  in  Alaska  most  of  that  time. 

William  G.  Thomas,  being  duly  sworn,  deposes  and  says :  Have  lived 
in  southeastern  Alaska  the  last  eleven  years, 

Wm.  G.  Thomas,  p.  291.  seven  of  which  I  resided  at  Fort  Wrangel.  Have 
been  engaged  in  the  fishing  business  a  number  of 
years. 

Adolph  W.  Thompson,  having  been  duly  sworn,  deposes  and  says:  I 
reside  in  San  Francisco:  My  occupation  is  that  of 

Adolph  TV.  Thompson,  ^  ,n.^j<tei-  mariner.  I  went  sealing  in  1890,  when 
^-  ^^^-  I  was  mate  of  the  AlUe  Alger.    •    •    •    In  1891 

I  went  out  in  the  schooner  G.  H.  White. 


says; 
Sitka. 


e  lived 
years, 
Have 
uber  of 


' 


THE   DEPONENTS  AND  THEIR   EXPERIENCE. 


67 


Tlmnk,  boitig  duly  aworn,  deposes  and  says:  I  am  so  old  that  1  have 
lost  my  eyesifjht.    Was  born  in  Yakutat  and  have 
lived  there  all  my  life.    Never  killed  any  fur-seal     Thunk,p.  245. 
in  my  life.    Spent  all  my  life  hunting  sea-otter. 

Peter  TitchenoflF,  a  resident  of  St.  Paul,  Kadiak,  Alaska,  being  duly 
sworn,  deposed  and  said :  I  am  a  ?»ative  of  Altiska. 
Am  5?  years  old.    I  am  storekeeper  for  the  Alaska    Peter  TUchenoff,p.  222. 
Connuercial  Company;  I  am  acquainted  witli  the 
coast  from  Sitka  to  Kadiak. 


Cliarlie  Tlaksatan,  being  duly  sworn,  deposes  and  says:  I  am  43 
years  old;  was  born  at  Sitka,  Alaska.     Have     „,    ,.     „,  ,    , 
hunted  seal  by   myself  since  I  was  a  boy,  and  -?'""•'"    ^'«^««""''  P- 
when  very  small  went  sealing  with  my  father. 


Charlie 
270. 


John  0.  Tolman,  being  duly  sworn,  deposes  and  says:  I  am  United 
States  deputy  collector;  resided  nearly  two  years 
at  Kadiak  in  capacity  of   deputy  collector.  John  C.  Tolman,  p.  222. 

Toodays  Charlie,  being  duly  sworn,  deposes  and  says:  I  am  30  years 
old ;  I  belong  to  the  band  of  Killisnoo  Indians  and 
was  born  at  and  have  lived  in  Killisnoo  all  my     TooCaya  Charlie,  p.  249. 
life;    am  by  occupation  a  herring  lisherman;  I 

visit  all  the  islands  and  inlets  around  Chatham  Sound  in  following  my 
occui>ation  of  making  oil  from  the  herring  which  I  catch. 


T  „^      Geo.  H.    Treadwell,  p. 
i  am  523, 


George  H.  Treadwell,  being  duly  sworn,  says:  I  am  55  years  of  age, 
a  citizen  of  the  United  States,  and  a  resident  of 
Albany  County  in  the  State  of  New  York 
the  son  of  George  C.  Treadwell,  of  Albany,  who, 
in  the  year  183ii  there  started  a  wholesale  fur  business  of  a  general 
character.  I  became  associated  with  him  in  it  in  the  year  1858,  and 
ui)on  his  death,  in  the  year  1885,  succeeded  to  the  business.  It  has 
been  carried  on  under  the  names  of  George^  C.  Jlread well  «&  Co.  and 
Treadwell  «&  Co.  In  the  early  part  of  this  year  it  was  turned  into  The 
George  C.  Treadwell  Company,  a  corporation  formed  under  the  laws  of 
the  State  of  New  Jersey,  of  which  corporation  I  am  the  president. 

Henry  Treadwell,  being  duly  sworn,  says  that  he  is  a  citizen  of  the 
United  States;  is  70  years  of  age,  and  resides  in 

the  city  of  Bi'ooklyn,  in  the  State  of  New  York;  Henry  Treadwell,  p.  524. 
that  he  Is  a  member  of  the  firm  of  Treadwell  and 
Company,  which  has  been  engaged  in  the  business  of  buying,  dress- 
ing, and  dealing  in  furs  since  about  the  year  1832  ;  that  for  the  twenty 
years  last  past  de[)onent's  said  firm  have  bought  on  their  own  account, 
dressed,  and  dyed  annually  from  5,000  to  8,000  seal  skins.    *    *    • 

I  have  been  in  the  wholesale  fur  business  for  over  forty  years,  and 
took  an  active  part  in  it  until  two  years  ago, 
when  I  refused  Horn  business.  Henry  Treadwell,  p.  529. 

Peter  Trearsheit,  being  duly  sworn,  deposes  and  says:  I  am  27  years 
old  and  reside  at  Sitka.    Am  by  occupation  a  sea- 
man  and  seal-hunter.    Have  been  engaged  in    Peter  Trearsheit,  p.  271. 
catching  seal  three  seasons.    Last  season  I  com- 
manded the  sealing  schooner  Sitka,  of  Sitka. 


if 


68 


THE   DEPONETD'S   AND  THEIR   EXPERIENCE. 


1*^ 


Francis  Tuttle,  having  been  duly  sworn,  deposes  and  says:  I  am  a 
first  lieutenant  in  the  United  States  Revenue- 

Francis  Tuttle,  p.  487.  Cutter  Service,  and  have  been  an  ofllcer  in  that 
service  for  the  last  thirteen  years.  Am  at  present 
in  command  of  the  revenue  cutter  Hartleif  at  San  Francisco.  I  made 
cruises  to  the  Berinj?  Sea  in  the  United  States  revenue  steamer  Jiush 
during  tlie  years  1888-'HJ>  and  1800.  During  the  sealing  season  of  1888 
the  Iiu8h  cruised  in  Bering  Sea  and  made  frequent  stoppages  at  the  s«'al 
islands.  I  had  an  excellent  opportunity  to  observe  some  of  the  seal 
rookeries  during  my  first  visit  to  the  islands,  and  spent  much  time  in 
studying  the  habits  of  the  seals,  both  on  the  rookeries  and  in  the  adja- 
cent waters.  •  •  *  During  1890  the\KM»A  was  not  engaged  in  i>re- 
venting  sealing  outside  the  shore  limit,  and  we  si)ent  much  time  in  t'ull 
view  of  the  seal  rookeries  and  cruising  about  the  seal  islands,  and  1  also 
made  frequent  visits  to  the  breeding  grounds. 

Twongkwak,  being  duly  sworn,  deposes  and  says:  Was  born  at 
Yakutat;  am  about  30  years  old,  and  belong  to 

Twongkwak,  p.  2i5.  the  Yakutat  tribe  of  Indians.  Hunting  is  iny 
occupation;  have  hunted  sea-otter  and  seal. 


John  Tysum,  being  duly  sworn,  deposes  and  says :   I  am  about  20 
years  old.    I  am  a  native  Indian  of  the  Makah 
John  Tysum,  p.  393.      tribe;  I  reside  on  the  reservation  at  the  Neah  Uay 
Agency.    I  am  by  occupation  a  hunter  and  fisher- 
man.   I  have  been  engaged  in  hunting  seals  ever  since  I  was  old  enough. 
In  1880  I  entered  the  Bering  sea  in  the  schooner  James  G.  Stcan.    I 
was  never  there  before,  nor  have  I  been  there  since.    *    *    *    i  have 
sealed  up  and  down  the  coast  in  canoes  between  Destruction  Island 
and  the  north  end  of  Vancouver  Island. 


II 


■i; 


\i\ 


II! 


Samuel  UUmann,  being  duly  sworn,  says:  1  am  34  years  of  age,  a 
citizen  of  the  United  States,  and  a  resident  of 

Samuel  UUmann, p.  527.  the  city  of  New  Y^ork.  The  houvse  of  Joseph  UU- 
mann, in  which  I  am  a  partner,  began  business 
at  St.  Paul,  in  the  State  of  Minnesota,  in  1854.  It  has  always  been  en- 
gaged in  the  wholesale  fur  business,  and  since  the  time  wlien  fur  seal 
skins  first  became  an  important  article  of  commerce  in  this  country  it 
has  dealt  in  large  numbers  of  tlieni.  I  have  personally  handled  seiil- 
skins  for  the  last  twelve  or  thirteen  years,  and  am  familiar  with  the 
wiiole  seal-skin  trade  of  this  country.  The  house  of  Joseph  UUmann 
now  does  business  at  St.  Paul,  Leipzig,  London,  and  New  York. 

James  Unatajim,  being  duly  sworn,  deposes  and  says:    I  reside  in 

Sitka;  am  by  occupation  a  seal-hunter;  have  been 

James  Unatajim,  p.  211.  engaged  in  that  business  since  I  was  a  small  boy. 

I  am  now  about  38  years  old.    Have  never  been 

in  Bering  Sea;  have  always  hunted  seal  along  the  coast  of  Alaska. 


George  Usher,  being  duly  sworn,  deposes  and  says:    I  was  born  in 

British  Columbia.    I  am  67  years  old,  and  reside 

George  Usher,  p.  291.     at  New  Methikahtla.    I  have  been  a  hunter  all 

my  life.    I  was  one  of  the  first  to  hunt  fur-seals 

among  the  Tsimpshens,  and  have  hunted  seal  ever  since.    I  always 

hunt  in  canoes.    My  hunting  place  has  always  been  oft"  Duiidas  Island. 

Have  hunted  in  Queen  Charlottes  Sound,  Dixons  Entrance,  and  off 

Prince  of  Wales  Island. 


THE  DEPONENTS  AND  THEIR  EXPERIENCE.        69 

Francis  Verbeko,  being  first  duly  swoni,  (lo])ose8  and  says  that  lie 
ia  a  Roman  Catholic  ])riest,  in  charge  of  KonKin 
Catholic  mission  in  village  of  Chapies,  on  Todgera    I'^ranoia  Ferbcke,p.  311. 
Cove.    He  has  resided  in  Chapies  four  winters. 

Charles  T.  Wagner,  being  duly  sworn,  deposes  and  says:  I  am  a  citi- 
zen of  the  United  States,  over  21  years  of  age,  a 
resident  of  Sanak,  in  the  Aleutian  Group,  and    Chas.  T.  Wagner,  p. 2\\. 
am  employed  by  the  Alaska  Commercial  Company 
as  their  agent  in  the  purchase  of  furs  Jind  in  supplying  the  natives  with 
iood  and  clothing. 

I  was  lirst  eniployed  by  the  Government  as  deputy  collector  of  cus- 
toms at  Unalaska  for  nearly  three  years,  from  1871  to  1873,  since  which 
time  I  have  been  in  the  employ  of  the  comi)any. 

During  the  twenty  years  which  I  have  been  stationed  in  various 
trading  posts  in  the  Bering  Sea,  1  became  conversant  with  the  general 
question  pertaining  to  the  fur-sealing  industry  in  those  waters,  having 
bought  seal-skins  both  from  natives  and  from  hunting  vessels. 


a 


I  never  have  been  employed  by  the  present  lessees  of  the  seal  islands. 

Rudolph  Walton,  being  duly  sworn,  deposes  and  says:  I  am  25 years 
of  age;  born  at  Sitka;  am  at  i)resent  on  the  police 
force;  have  hunted  seal  three  seasons,  1889, 1890,    Rudolph  Walton,  p.  272. 
and  1891,  around  Biorka  Island. 

Charlie  Wank,  being  duly  swoi-n,  deposes  and  says:  I  am  30  years 
old ;  was  born  at  and  reside  at  Sitka;  am  by  occu- 
pation a  seal-hunter;   have   been  catching  seal    Charlie  Wank,  p.  273. 
most  all  my  life. 

George  Wardraan,of  Pittsburg,  Pennsylvania,  being  duly  sworn,  de- 
poses and  says :  I  am  50  years  of  age,  and  editor  of 
the  Pittsburg  Press.  In  1879,  as  a  jcmrnalist,  I  George  Wardman, p.m. 
made  a  trip  to  Alaska  on  the  United  States  rev- 
enue steamer  Rush,  during  her  summer  cruise.  On  that  trip  I  stop- 
])ed  at  many  points  along  the  northwest  coast,  the  Alaska  coast,  tand 
the  Aleutian  chain,  and  also  visited  the  Pribilof  Islands  and  St.  Mi- 
cliael,  going  as  far  north  as  Bering  Straits.  On  April  4,  1881,  I  was 
appointed  assistant  special  Treasury  agent  for  the  seal  islands,  and 
immediately  after  such  appointment  proceeded  to  San  Francisco  and 
sailed  for  the  islands,  arriving  there  in  the  latter  part  of  May.  I  was 
then  detailed  by  Colonel  Otis,  special  Treasury  agent  for  the  seal 
islands,  to  the  island  of  St.  George,  and  until  May  29,  1885, 1  remained 
in  charge  of  that  island.  During  that,  time  I  returned  but  twice  to  the 
United  States.  I  made  careful  examination  of  the  rookeries  each  year, 
and  .after  the  first  year  I  compared  my  yearly  observations,  so  that  I 
might  arrive  at  some  conclusion  as  to  whether  it  was  possible  and  ex- 
pedient to  increase  our  portion  of  the  quota  of  skins  to  be  taken  on  St. 
George  Island  without  injuriously  afi'ecting  seal  life  there. 

M.  L.  Washburn,  having  been  duly  sworn,  deposes  and  says:  I  re- 
side at  West  Randolph,  Vt.,  but  spend  most  of 
my  time  on  the  south  shores  of  Alaska.    My  oc-    m.  L.  Waahbum,  p.  488. 
cupation  is  that  of  a  frir-dealer.    I  have  been  in 


70 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


IP 


Alnska  for  thirto(Mi  years,  and  for  the  last  five  years  have  boon  travel- 
in^',  ill  tlie  early  suiiinier  mouths  of  earli  year,  biiyiii;-'  fnrs  from  Ka<liak 
Island  east  to  Prince  William  Sound  west;  occasionally  1  made  trips 
as  far  east  as  Yakutat  Bay  and  as  far  west  as  Cliij;Mi<'  Uay.  •  •  * 
I  annually  visit  nearly  all  the  settlements  in  this  region  and  many  of 
tiic  uninhabited  islands. 

I,  Seth  M.  Washburn,  depose  and  on  oath  say:  That  I  am  42  years 
of  a}{e,and  reside,  in  Bethel,  Vermont,  where  1  have 

Seth  M.  Wanhhtirn,  p.  been  a  merchiint  since  1878.  1  was  born  in  Kan- 
^^^-  dolph,  V^ermont,and  lived  there  until  1874.    I  was 

a  graduate  of  the  State  Normal  School  of  Vermont,  and  in  1874  was 
employed  l)y  the  Alaska  Commercial  Company,  the  late  lessees  of  the 
Alaska  seal  fisheries,  to  jjfo  to  the  island  of  St.  Taul,  of  the  Pribilof 
grouj),  as  assistant  ajjent  and  teacher.  I  went  there  in  1874  and  re- 
mained continuously  until  1877,  my  residence  there  coverinj;  four  seal- 
ing seasons.  ]\Iy  duties  as  assistant  agent  required  me  to  familiarize 
myself  with  the  habits  of  the  seals,  the  manner  of  driving  them  iioin 
the  rookeries,  and  the  killing  them  and  preserving  their  skins.  In  do- 
ing this  the  rookeries  were  under  my  daily  observation.  ISforeover, 
from  the  isolated  character  of  the  life  on  St.  Paul  Island  and  the  fact 
that  the  whole  business  tand  resources  of  the  islanders  and  the  other 
employt'^s  of  the  lessees  were  based  on  the  seal  product,  the  habits  and 
peculiarities  of  these  animals  was  the  i>rincipal  and  overshadowing 
subject  of  conversation  and  observation  among  the  inhabitants. 

Elkan  Wassermann,  having  been  duly  sworn,  deposes  and  says:  I 
am  53  years  of  age.    I  reside  in  San  Francis(!o. 

Elkan  Wassermann,  p.  My  occupation  is  that  of  a  merchant.  I  have 
^^*-  been  engaged  in  biiying  furs  for  the  last  tliirty 

years.  I  have  examined  and  bought  a  great  number  of  seal-fuv  skins 
during  that  time.  Some  were  skins  taken  by  hunters  off  the  coast  of 
California,  and  others  from  the  coasts  of  British  Columbia,  Alaska, 
and  Japan;  and  I  have  also  bought  skins  from  other  dealers.  Some 
were  shot  and  some  were  speared. 

Watkins,  being  duly  sworn,  deposes  and  says :  That  I  am  a  native 

Makah  Indian,  and  rcNicie  at  Neah  Bay,  on  the 

Watkina,  p.  394.  Indian  Reservation,  in  the  Pitate  of  Washington, 

United  States  of  Ameri(!a.    My  age  is  about  ;i5 

years,  and  I  am  a  hunter  and  fisherman  by  occupation.    I  have  been 

hunting  seals  all  my  life  or  since  I  was  old  euough.    Previous  to  ten 

years  ago  I  always  hunted  seals  with  a  spear  in  a  large  canoe,  and  from 

2U  to  30  miles  around  Gape  Flattery  and  from  60  to  100  miles  up  and 

down  the  coast. 

Daniel  Webster,  being  duly  sworn,  deposes  and  says:  I  am  60  years 
of  age,  and  am  a  resident  of  Oakland  Cal.;  my 
Danl.  Webster,  p.  179.    Occupation  is  that  of  local  agent  for  the  North 
American  Commercial  Company,  and  at  present  I 
am  stationed  on  St.  George  Island,  of  the  Pribilof  Group,  Alaska.  I  have 
been  in  Alaskan  waters  every  year  but  two  since  I  was  14  years  of  age. 
I  first  went  to  Bering  Sea  in  1845  on  a  whaling  voyage,  and  annually 
visited  those  waters  in  that  pursuit  until  1868,  at  which  time  the  pur- 
chase and  transfer  of  Alaska  was  made  to  the  United  States ;  since 
that  time  I  have  been  engaged  in  the  taking  of  fur-seals  for  their  skins. 


THE   DEPONENTS   AND   THEIR   EXPERIENCE. 


71 


III  1870  I  ontorcd  tlic  employ  (»f  tlu'  lessees  n(  the  Pribilof  Isliiiuls  ami 
have  been  so  eiijuaiu'ed  ever  since,  aii<l  for  (lie  last  tliiiteen  years  liavi? 
been  tlic  eoini)ariy's  loeal  agent  on  St.  George  Island,  and  during  the 
sealing  season  have,  a  jtart  of  the  time,  gone  to  St.  I'aul  Island  and 
took  charge  of  the  killing  at  Mortheast  Point,  which  is  known  to  he 
the  largest  fur  seal  rookery  in  the  world.  For  ton  years  prior  to  1.S7.S 
i  resided  most  of  the  time  at  Northeast  Point,  having  landed  and  taken 
seals  there  in  IS(!<S.  I  have  had  twenty-four  years'  expeiience  in  the 
fur  se  1  imlustry  as  it  exists  in  the  waters  of  tlie  North  S'acilie  and 
Uering  Sea,  and  have  made  a  very  careful  study  of  the  habits  and 
conditions  of  this  usefid  animal. 

Weckenuneseh,  being  duly  sworn,  deposes  and  says  that  he  is  achief 
of  the  village  of  Mchulet  (Barclay  Sound),  and  a 


resident  of  this  village. 


fVeckeniinesoh,  p.  311. 


P.  S.  Weittenhiller,  being  duly  sworn,  deposes  and  says:  I  have  re- 
sided at  Sitka,  the  past  nine  years.     Am   now 
ownei"  of  the  sealing  schooner  (Jlara  and  have  en-  I"-  S.  ff'eiii(iihiller,p.2H. 
gaged  in  sealing  this  season.     I  first  took  seal  otf 
Sitka  Sound  during  the  month  of  March.    Have  done  my  sealing  all 
this  year  between  C  ipe  Edgecombe  and  Cross  Sound. 

(Jharley  White,  being  duly  sworn,  deposes  and  says:  I  am  about  40 
years  old,  and  am  a  native  Makah  Indian.  I  reside 
on  the  Indian  Ueser\ation  at  Neali  Bay,  State  of   Charhy  White,  p.  305. 
Washington,  United  States  of  America.    I  am 

by  occupation  a  hunter  and  fisherman,  and  have  been  so  engaged  all 
my  life.  I  have  hunted  seals  in  canoes  all  along  the  coast  between 
Grays  Harbor  and  the  northern  end  of  Vancouver  Island. 

Michael  White,  being  duly  sworn,  deposes  and  says:    I  am  50  years 
of  age.    I  reside  in  East  Oakland     My  occui)a- 
tion  is  master  mariner,  and  I  have  been  so  en-    Michael  fVhite,  p.  IS9. 
gaged  for  twenty-seven  years,  off  and  on.    I  have 
been  engaged  in  seal-hunting  during  the  years  1885,  1880,  1887,  1888, 
and  1889,  in  the  North  Pacilic  and  Bering  Sea.   I  first  wentout  in  1885  in 
the  schooner  City  of  San  JJttgo,  chartered  by  myself  and  others.  *  *  * 
In  1886  I  was  master  of  the  schooner  Tcrese.    ♦    *    •     In  1887  I  was 
master  of  the  schooner  Lottie  Fairfield.    *    *    *    In  1888  I  took  the 
schooner  Undaunted  o\\  a  fishing  and  sealing  voyage.    *    *    *     i  did 
the  same  in  1889. 

William  Wiepert,  being  duly  sworn,  says:  I  am  47  years  of  age,  a  cit- 
izen of  the  United  States,  and  a  resident  of  the 
city  of  Brooklyn,  State  of  New  York.     I  am,  and    Wm,  Wiepert,  p.  535. 
have  been  for  the  last  six  years,  the  superintend- 
ent of  the  manufacturing  department  of  the  house  of  Asch  &  Jaeckel, 
which  carries  on  a  general  wholesale  fur  business  in  the  city  of  Ncv 
York,  and  between  the  years  of  1880  and  1886  I  was  the  foreman  of 
this  establishment.    Prior  to  1880  I  had  already  handled  large  num- 
bers of  fur-seal  skins,  and  since  the  time  when  I  entered  the  employ  of 
Asch  &  Jaeckel  I  believe  I  have  liar  died,  assorted,  and  closely  in- 
spected at  least  100,000  dressed  and  dyed  fur-seal  skins.    During  the 
past  two  years  I  liave  handled  large  numbers  of  northwest-coast  skins 
(i.  e.,  skins  of  animals  taken  in  the  Pacific  Ocean  or  in  Bering  Sea). 


li 


72 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


Billy  "Williams,  being  duly  sworn,  deposes  and  says:    I  was  born  at 

Kas-aan  and  have  lived  there  all  my  life.    Am  25 

Billi,  muiam8,p.  300.    years  old.    Am  a  hunter  by  occupation,  and  have 

hunted  far-seal  every  year  for  the  last  five  years, 

always  hunting  in  Dixons  Entrance  and  off  Prince  of  Wales  Island 

between  March  and  June. 

0.  A.  Williams,  being  duly  sworn,  says  that  ho  is  a  citizen  of  the 
United  States  and  a  resident  of  the  city  of  New 

C.  A.  Williams,  p.  b35.  London,  in  the  State  of  Connecticut,  and  is  G3 
years  of  age. 

First.  That  he  was  a  member  of  the  firm  of  Williams  &  Haven, 
whose  business  has  of  late  been  carried  on  by  him  under  the  firm  name 
of  O.  A.  Williams  &  Co.;  that  said  firms  have  been  and  the  latter  till 
is  engaged  in  the  whaling  and  seal-hunting  business,  and  prior  to  the 
formation  of  said  firm  of  Williams  &  Haven,  upwards  of  forty  years 
ago,  the  same  business  was  carried  on  by  deponent's  father  and  grand- 
father, from  the  beginning  of  this  century.  That  during  the  time  said 
business  has  been  in  deponent's  hands  he  has  employed  upwards  of 
twenty-five  vessels  in  the  sealing  business  and  has  had  as  many  as  eight 
or  ten  vessels  at  one  Lime  engaged  in  that  business.  That  deponent's 
vessels  have  taken  seals  during  the  last  forty  years  from  the  North 
Pacific,  Cape  of  Good  Hope,  Cape  Horn,  South  Shetland  Islands,  South 
Georgia,  Crozetts,  Desolation  Islands,  Sandwich  Laud,  and  Gough 
Island. 

That  immediately  after  the  cession  of  Russian  America  to  the  United 
States  deponent  dispatched  the  American  bark  Peru  to  the  Bering 
Sea  from  Honolulu  (where  deponent  at  that  time  had  for  some  years  been 
residing),  for  the  purpose  of  investigating  the  ])ossibilities  of  seal  fish- 
ing ill  that  locality.  That  about  the  year  1870  dei)onent  was  associ- 
ated with  Sb/eral  other  gentlemen  in  forming  the  Alaska  Commercial 
Company,  which  company  obtained,  in  the  year  1870,"  a  lease  from  the 
United  States  Government  for  a  period  of  twenty  years  of  the  right  to 
take  seals  on  the  Pribilof  Islands,  in  the  Bering  Sea,  those  islands  (!on- 
sistiug  of  St.  Paul,  St.  George,  and  Walrus  islands.  At  the  expiration 
of  the  said  lease,  in  1890,  the  United  States  Government  invited  bids 
for  a  lease  for  a  second  period  of  twenty  years,  and  a  lease  was  given  to 
the  North  American  Commercial  Company,  and  in  this  company  depo- 
nent has  never  had  any  interest.  That  during  the  whole  of  the  period 
whicli  deponent  has  been  engaged  in  this  business  it  has  had  his  close 
attention.  Deponent  has  talked  at  great  length  with  the  captains  of 
his  various  ships,  most  of  whom  are  now  no  longer  living,  and  with 
officers  of  the  Alaska  Commercial  Company;  he  has  also  inspected 
many  thousands  of  skins  of  seals  caught  by  his  vessels,  and  has  also 
seen  many  thousands  of  skins  in  tlie  warehouses  s ''  C.  M.  Lampson  & 
Co.,  in  London.  The  members  of  that  firm  at  the  present  time  are  Sir 
George  Lampson,  Emil  Teichman,  Norman  Lampson,  and  Alfred  Eraser. 
Tiie  firm  of  0.  M.  Lampson  &  Co.  receive,  handle,  and  sell  a  very  much 
larger  number  of  seal  skins  than  all  the  other  Iiou'-ls  in  the  world  to- 
gether. The  whole  catch  of  the  Alaska  Commercial  Company  was 
annually  consigned  to  that  firm  for  sale  at  public  auction  in  the  city  of 
London,  and  much  the  larger  proi)ortion  of  all  the  other  catches  that 
have  been  made  by  deponent's  vessels  in  other  parts  of  the  world  have 
likewise  been  consigned  to  them;  and  the  present  lessees  of  the  Pribilof 
Islands,  deponent  understands,  still  consign  their  catches  to  them,  as 


I 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


73 


If 


do  the  Eussian  Seal  Skin  Company,  who  are  the  lessees  of  the  Russia^ 
islands  in  the  Beiinj*'  sea  known  as  the  Commander  Islands. 

Joseph  D.  Williams,  being  duly  sworn,  says:  That  he  is  74  years  of 
age,  a  citizen  of  the  United  States,  and  a  resident 
of  Brooklyn,  in  the  State  of  New  York;  that  he  Jo».D.  Williams, p.  5i8. 
has  beeii  engaged  in  the  business  of  dressing  and 
dyeing  fur-seal  skins  continuously  for  fifteen  years  last  past,  and  prior 
to  that  time  at  intervals  during  the  whole  time  he  has  been  engaged  in 
business,  during  a  period  of  some  fifty  odd  years,  he  has  dressed  and 
dyed  seal-skins,  and  that  his  father  was  engaged  in  the  same  business 
before  him;  that  for  the  last  15  years  he  has  had  consigned  to  him  by 
fur  dealers  8,000  to  10,000  seal-skins  annually,  for  the  purpose  of  dress- 
ing and  dyeing  the  same. 

Theodore  T.  Williams,  being  duly  sworn,  deposes  and  says:  I  am  by 
profession  a  journalist,  being  at  the  present  time 
emidoyed  as  city  editor  of  the  San  Francisco  Ex-  Theo.T.  Williams, p.  491. 
aminer,andh5ive  been  employed  in  that  and  similar 
capacities  in  the  city  of  San  Francisco  for  the  past  thirteen  years. 
During  that  time,  and  in  the  pursuit  of  my  profession  as  journalist, 
I  have  had  occasion  to  make  extended  inquiries  into  the  fur-sealing  in- 
dustry of  the  Aleutian  Islands  and  the  North  Pacific. 

William  H.  Williams,  being  duly  sworn,  deposes  and  says:  I  reside 
at  Wellington,  Ohio,  and  am  55  years  of  age;  that 
I  am  the  United  States  Treasury  Agent  in  charge     w.H.  Williams,  p.Q^. 
of  the  seal  islands  in  Bering  Sea;  that  in  jmrsu- 
ance  of  J3epartment  instructions  to  me  of  May  27, 1801, 1  made  a  care- 
ful examination  during  the  sealing  season  of  the  habits,  numbers,  and 
conditions  of  the  seals  and  seal  roolceries,  with  a  view  of  reporting  to 
th(^  Department  from  ob  nervation  and  such  knowledge  on  the  subject 
as  1  might  obtain  wliether  or  not  in  my  opinion  the  seals  are  d'ninish- 
ing  on  the  Pribilof  Isiands,  and,  if  so,  the  causes  therefor. 

Fred.  Wilson,  being  duly  ^worn,  deposes  and  says:  I  am  23  years 
old;  was  born  at  Howka;  av  .  a  hunter  by  occu- 
pation ;  have  hunted  fur  s  iiil  the  last  eight  years;     Fred.  Wilson,  p.  301. 
have  always  hunted  in  Uixons  Entvauce  and  off 
Prince  ol  Wales  Island  in  Mav, 


James  Wilson,  being  duly  sworn,  deposes  and  saith:  I  reside  at  the 
settlement  known  ii^  Fort  Kenai,  Cook's  Inlet, 
Alaska,  and  have  liv;^"i  in  tlie  Territor- tor  the    Jamcs  Wilson, p.  228. 
])ast  tw^'/.y-three  years,  chiefly  in  this  region.    I 
am  at  i-  ^.-,ent  agent  for  the  Nortliern  Packing  Company  at  Fort  Kenai, 
and  have  no  practical  knowledge  of  tur-seal  life. 

Manrice  Winclmiller,  having  been  duly  sworn,  deposes  and  says:  My 
age  is  40;  I  reside  in  San  Francisco;  my  occu- 

pati(m  is  that  of  a  furrier.  I  have  been  engaged  ^.^^'^'"''"^^  Wi,<(lntiller,p. 
ill  tlie  fur  business  all  my  life,  and  my  father  was  '  * 
a  furrier  before  me.  I  am  ah  expert  in  dressed  and  undressed,  raw, 
and  made-up  furs,  and  also  i  nv  nufaeturer  and  dealer  in  the  same.  I 
liave  bought  and  examined  uirge  numbers  of  fur-seal  skins  during  the 
last  twelve  years,  caught  by  scaling  schooners  both  on  the  Russian 


74 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


and  American  side  of  the  North  Pacific  and  Bering  Sea,  and  I  can 
easily  distinguish  one  from  the  other. 

Wispoo,  being  duly  sworn,  deposes  and  says:  I  am  a  native  Indian 

of  the  Makah  tribe,  and  reside  on  the  reservation 

Wispoo,  p.  396.  at  Neah  Bay.    I  am  about  35  years  old,  and  am 

by  occupation  a  hunter  and  fisherman.    I  have 

hunted  seals  all  my  life,  or  since  I  was  old  enough  to  do  so.    I  have 

sealed  up  and  down  the  coast,  between  the  mouth  of  the  Columbia 

liiver  and  the  upper  end  of  the  Vancouver  Island  and  Barclay  Sound. 

I  am  familiar  with  the  bays  and  inlets  along  the  coast. 

John  Woodruff,  having  been  duly  sworn,  deposes  and  says:  I  am  21 
years  of  age.    My  occupation  is  that  of  a  boatman. 

John  Woodruff,  p.  506.  I  live  in  San  Francisco.  I  went  on  a  sealing  voy- 
age last  year  in  the  schooner  Southerland. 

Michael  Wooskoot,  being  duly  sworn,  deposes  and  says:   I  am  CO 

years  old;  born    and  reside  in  Sitka,  Alaslca. 

Michael  Wooskoot, p.2liMskVQ  been  engaged  in  hunting  seal  for  a  great 

many  years  in  the  North  Pacific  Ocean  around 

Sitka  Sound. 

Yabkah,  being  duly  sworn,  deposes  and  says:  I  was  born  at  Tnku- 
tat.    I  am  about  35  years  old  and  belong  to  tlie 
Tahkahfp.  246.  Yakutat  tribe  of  Indians.    Am  a  hunter  by  occu- 

pation.   I  go  from  'fay  Bay  to  Sitka  Sound  and 
come  in  contact  with  the  people  of  different  tribes  of  Indians. 

Billy  Yeltachy,  being  duly  sworn,  deposes  and  says:   I  Avas  born  at 

Howkan  and  have  lived  theie  all  my  life;   am 

Billy  Yeltavh\i,  p.  302.    about  24  years  old,  and  am  a  hunter  l>y  occui^a- 

tion.    Have  hunted  fur-seals  the  last  two  yesirs  in 

Dixon's  Entrance  and  around  Prince  of  Wales  Island  between  March 

and  June. 

Hastings  Yethnow,  being  duly  sworn,  deposes  and  says:  I  wns  hwn 

in  K  is-aan.   Have  lived  there  all  my  life,  and  am 

Haatings  Fe</i now, j).302.now  60  years  old.    Have  hunted  fur-seal  every 

season  since  I  was  a  boy.    Have  always  hunted 

in  Dixon's  Entrance  and  off  Prince  of  Wales  Island. 

Alf  Yohansen,  being  duly  sworn,  deposes  and  says:  I  reside  in  Se- 
attle; am  a  hunter  by  occupation;  have  hunted 
Alf.  Fohanten,  p.  368.    seals  two  seasons;  one  season  on  the  San  Jose,  as 
hunter,  and  now  as  hunter  on  the  schooner  Ad- 
venture. 

Paul  Young,  being  duly  sworn,  deposes  and  says:  I  was  born  at 
Kasan  and  am  30  years  old.  Have  lived  at  Kasiui 

Paul  Young,  p.  W2.  all  my  life;  am  a  hunter  by  occupation;  in  the 
spring  and  early  summer  I  hunt  fur-seal  in  canoe. 

Walter  Young,  being  duly  sworn,  deposes  and  says:  I  was  i  nn  at 

Howkan  and  have  lived  there  all  my  life.    [  liavo 

Walter  Toung,  p.  303.    hunted  fur-seal  for  the  past  four  years.     /Jwayp 

hunted  in  Dixon's  Entrance  and  off  Prnce  jf 

Wales  Island. 


■<' 


THE  DEPONENTS  AND  THEIR  EXPERIENCE. 


75 


voy- 


ivin 


Hisli  Yulla,  being  duly  sworn,  deposes  and  says:   I  am  about  60 
years  old,  and  am  a  native  Indian  of  the  Makali 
tribe,  and  reside  on  the  Neah  Bay  Eeservation,    uiah  Yulla,  p.  397. 
in  the  county  of  Clallam,  State  of  Washington, 
United  States  of  America.    I  have  been  a  hunter  and  fisherman  all 
my  life.    Years  ago  I  used  to  hunt  seals  in  the  straits  of  San  Juan  de 
Fuca  in  the  winter  time,  and  in  the  summer  time.    I  would  hunt  them 
in  canoes  from  10  to  20  miles  off  Cape  Flattery,  and  of  late  years  I 
hunt  in  a  small  canoe,  and  put  it  on  a  schooner,  and  go  up  and  down 
the  coast  between  the  mouth  of  the  Columbia  liivor  and  Barclay  Sound. 

George  Zammitt,  being  duly  sworn,  deposes  and  says:  I  am  31  years 
of  age.    I  reside  in  San  Francisco.    I  am  a  ma- 
chinist .by  occui)ation.    I  made  a  sealing  voyage    Geo.  Zammiit,  p.  507. 
on  the  schooner  Seventy-six  about  eight  years  ago. 
Captain  Potts  was  master  of  her. 

Pud  Zaotchnoi,  a  native  of  Amlia  Island,  of  the  Aleutian  chain,  40 
years  of  age,  being  duly  sworn,  deposes  and  says: 
I  am  second  chief  of  the  natives  of  the  settle-    Pud  ruaotchmi,  p.  213. 
ment  of  Atka,  Atka  Island,  Alaska,  and  am  a 
hunter  of  fur-bearing  animals,  principally  the  sea-otter  and  fox;  I  have 
never  hunted  the  fur-seal. 

Thomas  Zolnoks,  being  duly  sworn,  deposes  and  says :    I  am  a  native 
Makah  Indian  and  reside  on  the  reservation  at 
Neah  Bay,  State  of  Washington,  United  States    Thoa.  ZohwlcH,  p.  398. 
of  America.     I  am  24  years  old,  and  am  by  occu- 
pation a  hunter  and  flslierman.    I  have  been  engaged  in  hunting  seals 
ever  since  I  was  0  or  10  years  old.    Until  about  1880  I  hunted  seals  in 
large  canoes,  in  which  I  always  used  the  spear.    In  the  last  eight  or 
ten  years  I  have  hunted  for  seals  in  small  canoes  carried  on  schooners, 
and  sciUed  off  Cape  Flattery  from  20  to  75  miles,  and  as  far  south  as 
the  (  .  huutia  IJiver,  and  north  up  to  the  passage  into  Bering  Sea,  but 
hav*  uev; ,'  hunted  for  seals  in  those  waters. 


h 


i 

^ 


Dorn  at 
Kiisiin 
in  the 
canoe. 

nn  at 

[  ]<avo 

'^IwayP 

nee  jf 


HABITS  OF  ALASKAN  SEAL. 


THE  PRIBILOP  ISLANDS. 


.t ; 
(  ' 


CLIMATE. 
Page  90  of  Tbo  Case. 

Fogs  are  almost  constant  in  Bering  Sea  in  the  summer  time    During 
the  fifty-eight  days  I  cruised  in  those  waters  fifty- 
four  days  were  foggy  or  rainy,  the  other  four  days    c.  A.  Abbey,  p.  186. 
being  partly  clear.    On  this  account  it  is  most 
difficult  to  seize  vessels  in  Bering  Sea.    The  reports  of  the  guns  of  the 
hunters  might  often  be  heard  when  no  vessel  could  be  seen. 

For  fifteen  or  twenty  days  at  a  time  I  did  not  see  the  sun,  and  never 
while  in  Bering  Sea  did  I  see  a  star,  the  night  being  continually  ovei - 
cast  or  foggy.  Our  position  was  in  nearly  all  cases  determined  by  dead- 
reckoning  or  bearing  of  the  land. 

The  meteorologic  conditions  in  these  latitudes  are  such  that  fogs  and 
mists  hang  so  continuously  over  the  land  and  water 
as  to  make  navigation  very  uncertain  and  danger-   j.  Stanley  Brown,  p.  ii. 
ous.    So  all-enveloping  are  these  vapors,  that  it  is 
often  impossible  to  see  the  shore  a  quarter  of  a  mile  distant,  and  so 
fickle  are  the  fogs  and  mists  that  I  ascended  Bogaslov,  the  central  cone 
of  the  island  of  St.  Paul,  five  times  before  I  could  catch  a  glimpse  of 
the  hills  immediately  surrounding  it,  and  this,  too,  when  each  oci^asion 
was  selected  for  its  promise  of  clearness.    The  temperature  of  the 
warm  season  averages  about  45°  or  50°,  and,  though  no  trees  grow 
upon  the  islands,  the  excessive  humidity  is  so  favorable  for  grasses, 
flowers,  and  other  herbage,  that  they  grow  with  a  rapidity  and  flourish 
with  a  luxuriance  difficult  to  realize  and  unknown  in  the  north  tem- 
perate zone. 


All  these  regions  are  particularly  favorable  for  seal  life;  the  raw, 
damp  atmosphere,  absence  of  sunshine,  and  un- 
inhabited conditions  being  most  advantageous  to  ,*^'"!-  ^•^«*'«fl''o»,p.594 
the  existence  of  the  species.  All  these  regions  ^  "  ^''^  ^^'' 
described  are  uninhabited,  excepting  the  Falkland  Islands  and  Terra 
del  Fuego,  the  latter  being  inhabited  by  the  Indians,  who  only  visit  a 
few  of  the  inshore  rookeries. 

In  all  of  these  localities  the  sky  is  constantly  overcast;  the  sun  never 
shines  for  more  than  an  hour  or  two  at  a  time,  and 
around  the  more  southern  islands  fogs  are  very  ,^''*•7!;•^^"''*"^'*'"'^■^**'^ 
prevalent.    The  temperature  is  always  cold  anil  ^  n  ai  c%t). 
damp,  being  about  40°  F.  during  the  summer, 

77 


78 


THE   PRIBILOP   ISLANDS. 


fr 


The  shores  occupied  by  all  these  rookeries  I  have  mentioned  are  of 
much  the  8nm«>  character;  there  is  a  narrow  beach 

George  Comer,  p.  597  line,  from  which  cliff's  rise  abrnptly  to  the  height  of 
{Antarctic).       '  75  to  150  feet;  through  these  are  narrow  crevasses 

in  the  rocks  or  small  ravines,  where  streams 
flow  into  the  sea;  it  is  at  such  points  the  seals  are  to  be  found.  The 
animals  clamber  up  these  rocks,  often  going  where  it  is  impossible  for 
man  to  go.  Tiie  climate  of  these  localitiesis  peculiar.  The  sk^ 
stantly  overcast,  and  during  the  summer  the  average  temperature 
would  be  between  40o  and  45°  F.  Rain  falls  nearly  every  day,  keeping 
the  atmosphere  constantly  moist,  but  no  hard  storms  take  place,  the  rain 
falling  in  misty  showers.  During  the  fourteen  months  I  passed  at  West 
Cliff",  heretofore  mentioned,  I  had  an  excellent  oppoi'tunity  to  examine 
and  study  the  seals  which  frequent  that  coast.  Along  the  coasts  and 
islands  near  Oax)e  Horn  snow  does  not  fall  to  any  extent,  and  never 
remains  for  any  length  of  time.  Fo  ice  forms  .along  the  shore.  There 
is  very  little  difference  in  the  temperature  of  winter  and  summer. 

I  also  append  to  and  make  a  part  of  this  aflB  davit  a  table  marked  C, 
showing  the  daily  temperature  and  stat'    of  the 

Charles  J.  Goff,  p.  113.  weather  for  the  months  of  June  and  Ju.  nuring 
the  years  1889  and  1890,  compiled  from  observa- 
tions taken  by  Dr.  C.  A.  Lutz,  on  St.  Paul  Island. 


C. — Table  allowing  weather  and  temperature  on  St.  Paul  Island  for  June  and  July,  1889. 

and  1890.* 


W^ 


1889. 

1890. 

Dav  of 

Juno. 

July. 

Juno. 

July. 

niuuth. 

Tempera- 
twe. 

Weatber. 

Tempera 
tore. 

Weather. 

Tempera- 
ture. 

Weather. 

Toniiiera- 
turo. 

Weather. 

Max. 

Min. 

Max. 

Min. 

Max. 

Min. 

Max. 

Min. 

1 

42 

33 

Fosffv  .... 
Clomly  ... 

45 

40 

Clear  

37 

33 

Snow 

40 

40 

^%o. 

2 

40 

35 

48 

4U 

Hazy 

34 

32 

Hazy 

48 

40 

3 

44 

38 

...do...... 

48 

42 

...do 

41 

33 

<  Icar 

40 

40 

Clear, 

4 

48 

40 

...do 

48 

41 

Clear 

42 

31 

Fino 

47 

39 

Do. 

5 

47 

39 

...do 

49 

40     Hazy 

42 

32 

(;li'ar 

50 

40 

Do. 

6 

50 

34 

...do  

42 

40 

...do 

43 

31 

Fog 

51 

40 

Do. 

7 

41 

43 

...  do 

49 

42 

Thick  fog. 

44 

38 

Hazy 

51 

41 

Do. 

8 

47 

30 

...do 

50 

40 

Rain 

48 

39 

Raiii 

44 

40 

Do. 

0 

No  r 

L'COI'd 

...do 

45 

42 

Hazy 

Thick  fog. 

43 

39 

Thick  fog. 

40 

41 

Hazy. 

10 

44 

38 

Ellin 

49 

42 

44 

34 

...do....:. 

47 

42 

Do. 

11 

4:i 

40 

...do  

51 

41 

Fog 

43 

37 

...do 

48 

43 

I'og. 

12 

43 

38 

...do 

60 

42 

Clear  

42 

37 

Fog 

51 

41 

Do. 

13 

38 

37 

.,.do 

60 

40 

...do 

43 

37 

..  .do 

48 

43 

Do. 

14 

43 

37 

...do  

49 

40 

...do 

43 

38 

...do 

44 

43 

Rain. 

15 

4'.' 

37 

Thick  fog. 

52 

42 

...do 

48 

39  '  Raining  .. 

4j 

43 

%o. 

16 

43 

37 

Kaiii 

50 

42 

...do  

43 

30  !  Fog 

37  1  Rain 

44 

41 

17 

4ti 

38 

('loudy  ... 

47 

43 

Hazy 

45 

47 

42 

Do. 

18 

4!) 

38 

Uiiiii..— .. 

48 

42 

...do  

44 

37  '  Clear  

47 

42 

Do. 

19 

49 

36 

Clear  

52 

42 

Fog 

40 

37  ,  Fog 

50 

40 

Do. 

20 

45 

37 

Cloudy  . . . 

49 

41 

Clear 

43 

39 

p'ine 

49 

40 

Do. 

21 

4« 

38 

...do 

49 

43 

Thick  fog. 

45 

40 

Rain 

54 

44 

Do. 

22 

45 

38 

...do 

50 

44 

Rain 

49 

40 

Clear 

56 

43 

Do. 

23 

40 

38 

Rain 

48 

42 

Hazy 

49 

39 

Hazy 

53 

46 

Do. 

24 

42 

39 

Thick  fog. 

46 

42 

Fog'. 

42 

38 

Fo-'. 

52 

40 

Do. 

25 

4« 

40 

...do...... 

50 

42 

Hazy 

45 

40 

...do 

52 

45 

Do. 

20 

49 

40 

Cloudy  . . . 

44 

44 

Thick  fog. 

42 

38 

..  do 

53 

43 

Do. 

27 

M 

41 

Cloar 

40 

43 

Hazy 

44 

39 

...do 

63 

46 

Do. 

28 

50 

41 

...do 

48 

43 

Rain 

44 

38 

Hazy 

49 

45 

Do. 

20 

50 
50 

40 
40 

Cloudy  ... 
...do  

48 
50 

42 
43 

Fog 

Hazy 

43 
42 

40 
39 

...do 

...do 

4H 
48 

44 
40 

Do. 

30 

Do. 

81 

4l> 

42 

Fou 

51 

46 

Do. 

*ChuB.J.Uo£f,p.ll&. 


CLIMATE. 


79 


The  seal  islands  of  St.Paul  and  St.  George,  geographically  known 
as  tlie  Pribilof  Islands,  are  situated  in  Bering  Sea 
at  about  170°  west  from  Greenwich  and  56°  north   z.  a.  Noyei,  p.  80. 
latitiule;  and  they  are  nearly  200  miles  from  the 
nearest  land. 

Tlie  climatic  conditions  in  their  immediate  vicinity  are  so  peculiar  and 
their  formation  and  situation  are  so  unique  that  it  is  not  hard  to  believe 
they  were  selected  for  a  home  and  resting  place  by  the  Alaskan  fur-seal 
because  of  their  adaptability  to  that  purpose,  and  to  that  only.  The 
thermometer  rarely  goes  higher  than  (iO°  or  lower  than  zero;  the  aver- 
age for  a  number  of  years  being  35°. 

In  winter  the  islands  are  sometimes  surrounded  by  broken  ice,  which 
comes  from  the  north,  and  it  will  come  and  go  with  the  tide  and  cur- 
rents, generally  from  January  to  Ai)ril,  but  occasionally  remaining 
la  u',  .and  again  not  appearing  at  all. 

In  June,  July,  and  part  of  August,  the  islands  are  enveloiied  for  days 
at  a  time  in  dense  fog,  and  a  clear  sunny  day  is  of  rare  occurrence. 
The  atmosphere  is  damp  and  cool,  and  the  rain  falls  in  a  sort  of  fine 
mist  which  drenches  one  through  before  it  is  felt. 

The  islands  are  of  volcanic  origin,  and  the  shores  are  rough,  uneven 
lava  rock,  and  broken  rock  and  bowlders  of  like  formation.  On  this 
rugged  shore  the  Alaskan  fur-seals  make  their  summer  heme;  here 
they  are  born  and  reared  for  the  first  six  months  of  their  existence; 
here  they  come  every  spring  as  regular  as  time,  and  here  they  repro- 
duce their  species. 


i  m 


r  ''i\ 


^ll 


Mean  temperature  (degrees  F.)  at  St.  Paul  Island,  Bering  Sea,  Alaska.  ^Xm^Vo'i  I'Ym 
[Latitude  57°  10'  N.,  longitudo  170°  01'  W. ;  elevation,  30  to  50  feet.] 


Tear. 

Jan. 

Feb. 

Mar. 

Apr. 

Ma.v. 

June. 

July. 

Aug. 

Sept. 

Oct. 

Nov. 

Dec. 

Annual 

1872 

1873 

1874 

1S7.') 

1876 

1877 

15.  7 
29.  9 
34.9 
31.4 
13.2 

is.  8 

33.  5 
35.  3 
10.5 
3.0 
8.2 
23.4 

12.0 
33.0 
29.0 
23.0 
25.4 
16.4 
25.1 

23.9 
34.5 
28.9 
20.2 
25.4 
24.9 
28.3 

30.5 
30.0 
34.2 
32.7 
32.5 
30.6 
31.1 

37.5 
44.4 
42.0 
38.7 
39.4 
39.9 

43.0 
49.1 
47.0 
43.2 
42.9 
45.1 

48.5 

50.8 
47.9 
43.3 
45.8 
47.5 

43.0 
47.3 
46.0 

'4i!6' 
45.9 

37.8 
40.2 
41.7 

'me' 

34.7 

32.4 
37.8 
34.9 
28.1 
28.6 
29.7 

29.9 
33.3 
26.2 
20.4 
23.1 
29.6 

31.0 

39.4 
37.3 

29. 7 

1878 

1879               ...   . 

17.7 
30.0 

30.8 

1880 

..: 

1881    

1 

*39.9 
41.8 

44.3 
40.9 

48.5 
47.4 

46.7 
44.5 

42.4 
40.3 

36.3 
33.7 

27.1 
22.4 

1882 

1883 

32.1 
30.2 

23.7 
20.  0 

28.3 
19.9 

32.0 
21.6 

35.2 
34.6 

35.7 

1 

' 

t 

1 

Meaus 

20.1 

20.9 

23. 0  j  27. 3 

33.7 

40.4 

45.2 

47.2     44.9 

39.1 

32.7 

26.5 

34.0 

■  Twenty-six  days. 


IJRJIABKS.— Tlie  mo.qn  teniiiorature  was  obtained  from  the  observations  made  at  7  a.  m.,  2,  and  9  p.  m., 
after  tUo  formula  i  (7+2  |9-i-8>. 


i' 


80  THE   PRIBILOF    ISLANDS. 

Maximum  Imnperattire  (F.)  at  St.  Paul  Island,  Bering  Sea,  Alaska. 
[Latitude  S7o  10'  K,  longltudo  170o  01'  W.  j  elevation,  30  to  50  foot.] 


Year. 

Jan. 

Feb. 

Mar. 

Apr. 

May 

Juno 

July 

Aug. 

Stpt. 

Oct. 

Nov. 

Dec. 

Aunuiil. 

1872 

52 
49 
56 
52 

45 

40 

■m 

50 

41 
41 
45 
45 

38 
39 
40 

36 

40 
40 
3!) 
3.'i 
35 

187;: 

1874 

il4 
37 
4-2 
.  30 
30 
3,-) 
37 

34 
40 
44 
311 
33 
34 
36 

35 
42 
40 
41 
30 
30 
38 

35 
45 
41 
43 
37 
40 
39 

41 

52 
47 
42 
43 
42 
47 

47 
57 
51 
53 
51 

52 
58 
57 
54 
54 

55 
62 
55 
51 

58 

1875 

187ti 

1877 

51 
54 

47 
4a 



1878 

39 

1870 

1880 



1 

1881 

*51 
52 

57 
59 

.50 

,')5 

53 
54 

50 
40 

43 
42 

4"  1 

1882 

38 
30 

30 
39 

38 
38 

42 
.'i7 

50 
40 

3(i  ' 

1883 

i 

SiiniH 

1 

Meuus 



::::::!  ■■■.:::: 

1 

I     1 

1 

*Twonty-8ix  days. 

Minimum  Icmpcrature  (F,)  at  St.  Paul  Island,  Bering  Sea,  Alaslca. 

[Latitude,  57°  10'  N. ;  longitude,  170°  .01'  W. ;  olovntioii,  30  to  50  feet.] 


* 

Year. 

Jan. 

Feb. 

Mar. 

Apr. 

May 

Juno 

July 

Aug. 

Sopt. 

Oct. 

Nov. 

Deo. 

4 

12 
22 
15 
—  7 
5 
11 

Annual. 

1872  

• 

1 
1 

33 
35 
39 
41 

22 
31 
32 
33 

23 
23 
26 
28 
15 
17 
18 

187:i 

—11 

8 

19 

23 

—  17 

—10 

18 

-12 

19 

21 

8 

—22 

—21 

—  1 

—  7 

19 

12 

3 

5 

—13 

10 

3 
21 
17 
5 
8 
3 
7 

19 

25 
25 
22 
23 
20 
19 

28 
34 
34 
30 
30 
31 

36 
42 

39 
3.") 
37 
39 

39 
44 

43 
38 
40 
40 

1874 

' 

1875 

1870  



1877   

33 
33 

25 
29 

1878 

' 

1879   

1880   

1 

1881 

"  i: 

1 

31 

3,j 
39 

•J5 
41 

38 
34 

32 
31 

32 
22 

IS 
4 

1882 

1883   

3 
8 

13 
—  9 

-'I 

19 
27 





1 

Alciin.s.  ..•.......' ' 

1     i 

:::::::::;:;  :;:;::i:::;::i:::::;:; 

1    !    1 

I'll 

*  Twenty-six  days. 
Eesiarks.— Minus  sign  (— )  indicates  temperature  below  zero. 

Avhial  number  of  fair  dai/s  at  St.  Paul  IslaJid,  Bering  Sea,  AlasJca, 

[Latitude,  57°  10'  N. ;  lonyitiulo,  170^  01'  \V. ;  elevation,  30  to  50  feet.] 


Year. 

Jim. 

Feb. 

Miir. 

Ajir. 

May. 

June 

July. 

Aug. 

3 
7 
4 
2 
5 
8 

Sept. 

Oct. 

Nov. 

Dec. 

An- 
uuiU. 

1873  

I 

7 
4 
1 
7 
4 
5 

2 
1 
9 
1 
0 
4 

8 
13 
15 

9 

15 
9 

8 
14 

7 
17 
15 
16 

11 

20 

19 

6 

7 

12 

1874  

10 
16 
20 
14 
12 
21 

10 
8 
12 
111 
10 
12 

9 

11 

13 

4 

13 
14 

9 

10 

(I 

8 

14 

11 

14 
8 
6 
6 

128 

187.")    

117 

1  jjjC)    

J877 

8 
15 

no 

1878   

129 

]  8H0        

1 

1881 

*4 
5 

3 
2 

0 
0 

7 

1 

5 

10 
6 

14 
7 

1882   

8 
2 

10 
18 

15 
16 

12 

20 

2 

11 

70 

1883 

103 
12.  U 

90 
11.2 

95 
U.9 

90 
11.2 

65 
8.1 

37    22 
4.  6   2. 8 

29 
3.6 

OS 
0.7 

03 
9.0 

93 
11.6 

96 
12.0 

Aloaiis  .......... 

108.0 

*  Twenty-six  daya. 
IlQMAUU.— A  "fair"  day  has  from  0.3  to  0.7  clouds. 


Aiiniinl. 

n 

0 
0 
!) 
"» 
5 
0 

2 

5  '.'.'.'.'.'.'.'. 

"\ 

..j. ....... 

1 

Anuunl. 


15 1: 

5   . 
;1    . 


CLIMATE. 

Actual  numbqr  of  doxidij  days  at  St.  Paul  Island,  Bering  Sea,  Alaska. 
[Latitude,  b2P  20'  K.;  longitude,  170°  01'  W.;  elevation,  30  to  50  tvet.] 


81 


Year. 

Jan. 

Feb. 

Mar. 

Apr. 

May. 

June. 

July. 

Aug. 

Sept. 

Oct. 

Nov. 

Doc. 

An. 
nual. 

1873 

23 
26 
29 
23 
25 
23 

29 
30 
20 
30 
21 
26 

28 
24 
27 
29 
26 
23 

21 
15 
14 

22 
15 
22 

21 
14 
21 
10 
14 
14 

19 
11 

12 
22 
20 
10 

1874 

20 
12 
10 
13 
11 
0 

17 

16 

8 

8 

8 

10 

21 
10 
14 
25 
12 
14 

20 
17 
20 
20 
10 
10 

16 
19 
25 
25 
19 
24 

229 

1J575 

228 

1^78   

1877 

15 
21 

22 
15 

244 

1878 

204 

187!)   

1880 

1881 

*22 
25 

26 
29 

31 
31 

23 
29 

25 
29 

19 
24 

10 

24 

1882 

20 

17 

a 

0 
15 

13 
10 

29 
20 

2il 

1883    

1 

12*1 
15.7 

93 
11.0 

129 
10.1 

135 
16.9 

177 
22.1 

196 
24.5 

221 
27.0 

219 
27.4 

138 
10.7 

150 
21.4 

137 
17.1 

140 
17.5 

Mlmus  

237.6 

♦  Tweuty-six  diiya. 
Remarks.— A  "cloudy"  day  has  from  0,8  to  0.10  clouds. 

Cloudiness,  expressed  in  percentages,  at  St,  Paul  Island,  Bering  Sea,  Alaska, 
[Latiture,  57°  10'  N. ;  longitude,  170°  1'  W. ;  elevation,  30  to  50  foot.] 


Years. 

Jan. 

Feb. 

Mar. 

Apr. 

May. 

June. 

July. 

Aug. 

Sept. 

Oct. 

Nov. 

Dec. 

An- 
nual. 

1872  

92 
83 
75 
76 

85 
90 
78 
84 

79 
83 
73 
77 
66 
72 
74 

84 
82 
72 
73 
81 
76 
74 

1873 

C3 
84 
74 
71 
67 
58 
72 

74 
80 
78 
54 
47 
4!) 
65 

68 
83 
83 
70 

m 

70 

73 
81 
71 
78 
83 
81 
82 

94 

76 
77 
89 
90 
82 
89 

87 
93 
95 
89 
92 
84 

96 
97 

80 
98 
U8 
89 

95 
82 
93 
96 
93 
88 

82.3 

1874 

81.4 

1875  

80.1 

1876    

1877 

76 

82 

83 
76 

80.2 

1878 

75.0 

1870  

1880  • 

1881 

*92 
91 

87 
98 

98 
99 

91 

98 

87 
06 

80 
92 

79 
90 

1882  

82 
91 

79 
74 

57 

78 

66 

75 

117 
84 

87.1 

1 

1 

1 

.. 

♦  Twenty-six  days. 

Ubmarks. — Tlie  percentage  of  cloudiness  was  obtained  from  the  eye  estimates  of  the  observer,  re- 
corded on  a  scale  ot  0  to  10  at  each  observation,  The  mean  of  all  observationi)  was  used  as  the  mean 
fur  the  day.    One  hundred  per  cent  rupreseuta  a  sky  completely  overcast. 

HOME  OF  THE  FUE-SBAL. 


•i 


t; 


An- 
nual. 


126 
137 


no 

129 


70 


108.0 


Page  91  of  The  Case. 

We  have  never  heard  of,  and  have  no  knoWedge  of,  fur-seal  pups 
being  born  elsewhere  than  on  the  rookeries  of  the 
seal  ishiiids  in  Bering  Sea,  nor  do  we  know  of  any   <fno^  Alexandroff  et  al, 
rookeries  other  than  those  above  mentioned.         ^• 


229. 


I  do  not  know  of  any  rookery  except  those  on 
the  seal  islands  of  the  Bering  Sea. 


Chat,  dvery  p.  218. 


I  have  never  seen  any  but  a  few  straggling  seals  in  Cook  Inlet,  and 
these  only  on  rare  occasions.    I  have  never  heard 
of  any  fur-seal  rookeries  in  the  North  Pacific  other   J.  A.  Bradley,  p.  227. 
than  those  on  the  seal  islands  of  Bering  Sea;  and 
aui  positive  that  none  exist  in  the  vicinity  of  Cook  Inlet.    A  Captain 


!: 

i; 

!it 


Ml  f 


n 


■,i 


82 


THE   PRIBILOP   ISLANDS. 


Eriatt,  of  San  Francisco,  last  year  induced  parties  of  that  place  to  fit 
out  the  schooner  Lily  L.  on  the  face  of  his  positive  statement  that  a 
fur  seal  rookery  existed  in  the  vicinity  of  Cook  Inlet.  The  enterprise 
was  a  total  failui'e,  however,  no  rookery  being  found,  although  a  long 
and  diligent  search  was  made  for  it. 

Many  explanations  have  been  offered  of  the  seals  having  selected 
these  islands  as  their  home.    My  observation  does 
J.  Stanley  Brown,  p.  11.  not  enable  me  to  state  their  reason  for  having 
done  so,  but  the  fact  remains  substantiated  by  my 
rxperience  and  that  of  all  others  of  whom  inquiries  were  made  that  these 
eemote,  rock  bound,  fog-drenched  islands  are  the  chosen  resort  of  the  fur- 
bearing  seal  {Callorhinua  urainus).    The  more  jagged  and  irregular  the 
lava  fragments  that  cover  the  shore,  the  more  continuous  the  drenching 
they  receive  from  the  moisture-laden  atmosphere,  the  better  the  seals 
seem  to  like  it.    Neither  from  personal  observation,  from  inquiiies  of 
the  nativ^es  on  the  islands  and  the  villages  of  the  Aleutian  chain,  nor 
from  questioning  seafaring  men,  who,  by  opportunity  for  observation 
and  general  intelligence,  were  competent  to  inform  me,  could  I  learn  of 
any  other  land  area,  ever  having  been  selected  by  this  herd  of  fur-seal 
for  its  residence  and  for  the  perpetuation  of  its  species. 

The  Alaskan  seals  make  their  home  on  the  Pribilof  Islands  because 
they  need  for  the  period  they  spend  on  land 


a 


Cha8.  Bryant,  p.  4. 


peculiarly  cool,  moist,  and  cloudy  climate,  with 


very  little  sunshine  or  heavy  rains.  This  pecu- 
liarity of  climate  is  only  to  be  found  on  the  Pribilof  and  Commander 
islands,  and  during  my  long  experience  in  the  North  Pacific  and  Bering 
Sea  I  never  found  another  locality  which  possessed  these  conditions  so 
favorable  to  seal  life.  Add  to  this  fact  the  isolated  condition  of  the  seal 
islands,  and  we  can  readily  see  why  the  seals  selected  this  home. 

We  have  never  known  of  fur-seal  pups  being  born  elsewhere  than 
on  the  rookeries  of  the  seal  islands  in  Bering 
lvanCanetaketal.,p.229.  Sea.    Neither  have  we  any  knowledge  of  the  ex- 
istence of  any  fur-seal  lookeries  other  than  those 
above  mentioned. 

Neither  have  I  any  knowledge  of  a  fur-seal  rookery  existing  any- 
Jniiiis  Christiansen,  p.  where  except  on  the  seal  islands  of  Bering  Sea. 

219. 

The  Pribilof  Islands  are  the  chosen  home  of  the  fur-seal  {Gallorhimis 

ursinus).    Upon  these  islands  they  are  born ;  there 

W.  H.  Dall,  p.  23.         they  first  learn  to  swim,  and  more  than  half  of 

their  life,  is  spent  upon  them  and  in  the  waters 

adjacent  thereto.    Here  they  give  birth  to  their  young,  breed,  nurse 

theii-  pups,  and  go  to  and  come  from  their  feeding  grounds,  which  may 

be  miles  distant  from  the  islands. 

I  have  traveled  extensively  through  the  Territory  from  Sitka  to  the 

Yukon  River,  and  am  positive  that  no  fur-seal 

Jno.  Duff,  p.  228.  rookeries  exist  in  the  region  other  than  those  on 

the  seal  islands  of  Bering  Sea.    Neither  have  I 

ever  heard  any  reliable  information  of  tiie  existence  of  other  fur-seal 

rookeries. 


ice  to  fit 
it  that  a 
iteipriso 
li  a  loug 


selected 
}ion  does 
■  having 
3d  by  my 
lat  these 
f  the  fur- 
jfwhir  the 
rencliing 
the  seals 
uuies  of 
liain,  nor 
iervation 
[  learn  of 
'  fur-seal 


because 
n  land  a 
ate,  with 
lis  pecii- 
inmander 
d  Bering 

itious  so 
f  the  seal 
le. 

ere  than 
Bering 
the  ex- 

an  those 


mg  any- 
g  Sea. 


llorhintis 
^n;  there 
1  half  of 
e  waters 
d,  nurse 
ich  may 


a  to  the 

fur-seal 

those  on 

have  I 

fur-seal 


HOME   OF   THE   FUR-SEAL. 


88 


In  my  opinion,  fur-seals  born  on  the  Copper,  Bering,  or  Robbiu 
Islands  will  naturally  return  to  the  rookery  at 
which  they  were  born.    The  same  thing  is  true  of    miU'am  lircnnan  j>.  358. 
those  born  on  the  St.  Paul  or  St.  George  islands. 

The  reason  the  seals  have  chosen  these  islands  for  their  home  is  be- 
cause the  Pribilof  group  lies  in  a  belt  of  fog,  occa- 
sioned by  the  waters  of  the  Arctic  Ocean  corning    Saml.  Falconer,  p.  iGt. 
down  from  the  north  and  the  warmer  waters  of 
the  Pacitic  flowing  north  and  meeting  at  about  this  point  in  Bering  Sea. 
It  is  necessary  that  the  seals  should  have  a  misty  or  foggy  atmosphere 
of  this  kind  while  on  land,  as  sunshine  has  a  very  injurious  effect  upon 
them.    Then,  too,  the  islands  are  so  isolated,  that  the  seal,  which  is  a 
very  timid  animal,  remains  here  undisturbed,  as  every  precaution  is 
taken  not  to  disturb  the-animals  while  they  are  on  the  rookeries.    The 
mean  temperature  of  the  islands  is  during  the  winter  about  20°  F.  and 
in  summer  about  43°.    I  know  of  no  other  locality  which  possesses  those 
peculiarities  of  moisture  and  temjierature.    *    •    * 

While  I  was  acting  as  purser  on  the  steamer  Constantine  I  observed 
during  the  months  of  January,  Februarj^,  and  March  numerous  seals 
in  the  inland  waters  or  along  the  coast  between  Port  Towusend  and 
Sitka.  Never  a  day  passed  but  on  looking  over  the  rail  seal  conld  be 
seen  sleeping  on  or  disporting  in  the  waters.  One  day  in  the  bay  of 
Sitka  1  saw  several  hundred  seals  asleep  in  the  water,  but  at  the  splash 
of  an  oar  they  immedintely  disappear.  These  seals  were  in  all  cases 
much  more  timid  than  about  their  island  home,  where  they  evidently 
realize  they  are  practically  safe. 


I  do  not  know  of  any  rookery  other  than  those 
of  the  seal  islands  in  Bering  Sea. 


F.  F.  Feeny,  p.  220. 


I  have  never  heard  of  fur-seal  pups  being  born  anywhere  except  on 
a  rookery,  and  I  have  no  knowledge  of  any  fur- 
seal  rookeries  in  Alaska  other  than  those  on  the    VaasiU  Feodor,p.  231. 
seal  islands  of  Bering  Sea. 

I  do  not  know  of  any  rookery  outside  of  the 
seal  Islands  of  the  Bering  Sea,  nor  have  I  heard    William  Foster, p,  220. 
of  any  other. 

Neither  have  we  any  knowledge  of  the  existence   mcoli  OregoroS'a  n?.,  p. 
of  any  seal  rookeries,  except  those  on  the  seal  234. 
islands  of  Bering  Sea. 

I  have  never  heard  of,  nor  have  no  knowledge  of,  fur-seal  pups  being 
born  elsewhere  in  the  northern  hemisphere  tlian 
on  the  rookeries  of  the  seal  islands  of  Bering  Sea.    a.  J.  Guild,  p.  232. 
Neither  do  I  know  of  any  other  rookeries  than  the 
aforesaid. 

There  aie  no  fur-seal  rookeries  in  the  Aleutian  Islands  that  I  know 
of ;    in  fact  I  have  never  heard  of  any  in  the 


u 

1 


II 


f.i 


region  besides  those  on  the 
seal  islands  of  Bering  Sea. 


several  well-known    CharUt  J. Hague, p.2Q^. 


84 


THE   PRIBILOF   ISLANDS. 


I  have  never  heard  of,  nor  have  I  any  knowledge 

XormanHodgtonipMT.  of,  any  fur-seal  rookeries  in  the  North  Pacitic 

other  than  those  on  the  seal  islands  of  Bering  Sea. 


Frank  Korth,  p.  235. 


Neither  do  I  know  of  any  fur-seal   rookeries 
other  than  those  uu  the  seal  islands  of  Bering  iSea. 


1:^ 


I  know  of  no  rookeries  in  the  North  Pacific  other  than  those  on 
the  seal  islands  of  Bering  Sea,  and  have  never 
E.  L.  Lawaon,  p.  221.     heard  of  any  others  fioni  a  reliable  source. 

The  Alaska  fur-seals  breed  only  on  the  islands  of  St.  Paul  and  St. 
George,  of  the  Pribilof  group,  in  leering  Sea. 

H.  H.  Molntyre,  p.  M.  They  have  been  unsuccessfully  searched  for  at 
every  other  point  along  the  coast.  In  iHTJ  Captain 
Archimandritoff  spent  the  greater  part  of  the  summer  in  a  schooner 
looking  for  a  reef  or  island  alleged  to  lie  to  the  southward  of  Unalaska. 
llis  cruise  was  fruitless,  not  only  at  this  point,  but  at  several  others 
where  he  was  led  by  some  legendary  tiJe  or  delusive  dream  to  oxjject 
to  lind  seal  rookeries.  Since  that  date  the  coast  has  been  explored  at 
every  point,  and  it  may  be  safely  stated  as  a  fact  that  no  other  rot»kcrie.s 
exist  on  the  northwest  coast  of  the  North  American  continent  or  the 
islands  adjacent  thereto. 

The  seals  are  migratory  and  return,  as  I  believe,  after  migration  to  the 
vicinity  and  probably  to  the  ground  or  rookery  on 
JJ.  H.  MclnUjre,  p.  40.    which  they  were  born.   I  have  in  several  cases  seen 
a  certain  seal  witii  his  harem  during  a  number  of 
consecutive  seasons  in  the  same  spot.    They  are  attracted  to  the  islands 
in  preference  to  other  places  by  closely  defined  hereditary  habits  of  mi- 
gration, which  take  them  from  and  to  their  breeding  places  with  constant 
regular;  ^y,  varied  only  within  the  lim' t  of  a  very  few  days  by  meteorologi- 
cal condr  ions.    The  isolation  and  climate  no  doubt  first  induced  their 
liabitat  u]  ^on  these  islands.    If  there  has  been  any  authentic  observation 
of  the  birt  h  of  seals  at  other  poinis  on  the  northwest  coast  of  North  Amer- 
ica, which  1  very  much  doubt,  the  case  was  anomalous  and  accidental.  No 
dcmbt  the  young  are  occasionally  aborted,  out  of  season  and  out  of  place, 
aiul  such  birth  may,  perhaps,  have  been  M'itnessed,  but  should  not  form 
the  basis  for  any  valuable  deduction  in  locating  the  home  of  the  animals. 

The  fur-seals  of  Alaska  are  bred  and  born  on  the  islands  of  the  Pribit 
lof  group  in  Bering  Sea,  where  they  find  com- 
H.  W.  Mclntyre,p.  135.  bincd  the  conditions  requisite  to  their  existence, 
of  isolation,  climate,  and  j)roximity  to  food  sup- 
ply.   *    *    * 

They  evidently  have  no  fixed  or  definite  "hauling  ground"  to  visi- 
[after  leaving  the  islands],  as  it  would  have  been 
H.  TV.  Me intyre, p.  136.  discovered  long  since;  but  as  they  can  sleep  as 
well  as  find  food  at  sea;  they  have  no  occasion  to 
land  until  warned  by  the  reproductive  instinct  to  return  to  the  place  of 
their  birth — their  home — which  they  do,  and  are  often  found  at  precisely 
the  place  occupied  during  the  preceding  season  or  seasons.    In  evidence 
of  this  I  have  observed  seals  bearing  unmistakable  marks  for  identifica- 
tion return  to  the  same  spot  year  after  year. 


lowledge 
I  Pacilic 
I'ing  Sea. 

ookories 
ring  Sea. 

those  on 

^^e  never 
lice. 

[  and  St. 
ing  Sea. 
(1  lor  at 
[Captain 
schooner 
^nahiska. 
il  others 
;o  oxi)ect 
ploreil  at 
PO(»keries 
it  or  the 


ion  to  tlie 
)okery  on 
ases  seen 
luniber  of 
ishinds 
;s  of  mi- 
constant 
eoroh)gi- 
ed  their 
ervation 
;hAmer- 
ntal.  'So 
of  place, 
not  form 
animals. 

le  Pribit 
nd  com- 
istence, 
>od  sup- 


to  visi- 
ve  been 
sleep  as 
asion  to 
place  of 
recisely 
Ividenee 
3ntiflca- 


HOME   OP   THE   PUR-SEAL. 


85 


I  have  never  seen  nor  heard  Df  any  fur-seal  rookeries  m  the  Northern 
Hemisphere  other  than  those  on  the  several  seal 
islands  of  Bering  Sea;  and  have  never  seen  fur-   jv.  b.  Miller,  p.  372. 
seals  in  great  abundance  save  ou  and  near  the 
Pribilof  Islands. 

We  have  never  seen  fur-seal  pups  about  this  part  of  the  coast, 
and  have  no  knowledge  of  any  being  born  out     „       „    .  ^„ 

side  of  the  rookeries  ou  the  seal  islands  of  Bering  ^«iryMommetai., p.  226. 
Sea. 

I  believe  that  the  cause  the  seals  chose  these  islands  for  their  home 
is  bocjause  of  the  isolation  of  these  Pribilof  Islands 
and  because  the  climatic  condition  of  said  Pribilof  r.  j;'.  Morgan,  p.  61. 
Islands  is  particularly  favorable  to  seal  life.    Dur- 
ing the  time  the  seals  are  upon  land  the  weather  is  damp  and  cool,  the 
islands  being  continually  enveloped  in  fogs,  the  average  temperature 
being  about  41°  F.  during  the  summer. 

It  is  now  well  established  that,  outside  of  the  Pribilof  group,  there 
jire  no  other  islands  or  grounds  in  Northwest 
America  where  the  seals  haul  up  for  breeding  pur-    jno.  M.  Morton,  p.  70. 
poses.    These  islands  are  their  natural  and  per- 
manent home,  without  which  they  could  not  exist.    They  leave  it  only 
when  necessity  demands  and  return  to  it  as  soon  as  the  climatic  con- 
ditions make  it  possible  for  them  to  do  so.    Here  they  lind  that  protec- 
tion and  supervision  indispensable  to  the  reproduction  of  their  kind 
and  the  multiplication  of  their  numbers. 

The   Pribilof  Islands,  by  reason  of  their  isolated  location,  cool  and 
humid  climate,  rocky  shores,  and  the  fog  which 
prevails  from  early  spring  to  late  autumn,  are    s.It.Nettleton,p.l5. 
peculiarly  well  fitted  to  be  the  home  of  the  fur- 
seal. 

The  Alaskan  fur-seal  is  a  native  of  the  Pribilof  Islands,  and,  unless 
prevented,  will  return  to  those  islands  every  year 
Avith  the  regularity  of  the  seasons.    All  the  pecu-    j.  c.  Redpath,p.  148. 
liarities  of  nature  that  surround  the  Pribilof  group 
of  Islands,  such  as  low  and  even  temperature,  fog,  mist,  and  perpetu- 
ally clouded  sky,  seem  to  indicate  their  fitness  and  adai)tability  as  a 
home  for  the  Alaska  fur-seal;  and  with  an  instinct  bordering  on  reason 
they  have  selected  these  lonely  and  barren  islands  as  the  choicest  spots 
of  earth  upon  which  to  assemble  and  dwell  together  during  their  six 
months'  stay  on  land ;  and  annually  they  journey  across  thousands  of 
miles  of  ocean,  and  pass  hundreds  of  islands  without  pause  or  rest, 
until  they  come  to  the  place  of  their  birth.    And  it  is  a  well-established 
fact  that  upon  no  other  laud  in  the  world  do  the  Alaskan  fur-seal  haul 
out  of  water. 

The  certainty  that  the  seals  caught  in  the  North  Pacific  are  in  fact  a 
portion  of  the  Pribilof  herd,  and  that  all  are  born 
and  reared  for  the  first  few  months  upon  the  is-    c.  M.  Scammon,  p.  475. 
lands  of  that  group,  naturally  leads  the  observer 
to  regard  them  as  quite  domesticated  and  belonging  upon  their  island 
home.    The  more  orderly  way  to  describe  them,  therefore,  would  be  to 


i  \      41 


i: 


':■'■ 


ii 


86 


THE  PRIBILOF    ISLANDS. 


commence  with  their  birth  apon  the  island  and  the  beginning  of  their 
migrations  rather  tlian  at  the  enti  of  some  one  of  their  annual  rounds 
away  from  home. 

Alexander' Shyha,p.226.      I  have  never  seen  or  heard  of  any  fur-seal 
rookery  outside  of  Bering  Sea. 


I  have  nc  knowledge  of,  and  liave  never  heard  of,  the  existence  of 

TV  o  ■  t       o.  Q     '^"y  fur-seal  rookeriesin  the  Northern  Hemisphere, 

./no.  }y.  ^miiii,  I   lu.    ^^.^gj.  ^^^^^  ^j^^gg  ^^  ^jjg  ggj^j  islands  of  Bering  Sea. 


I  have  never  ^een  and  have  no  knowledge  of  any  fur-seal  rookoriea 
in  the  region  other  than  those  on  the  Pribilof  Is- 

Z.  L.  Tanner,  p.  485.  lands,  and  have  never  seen  fur-seals  in  any  great 
abundance  save  on  and  near  paid  islands. 

In  my  twenty-three  years'  experience  as  a  whaler  in  Bering  Sea  and 
tlie  Nortii  Pacific,  during  which  time  I  visited 
Daniel  Webster,  p.  180.   every  part  of  the  coast  surrounding  these  waters, 
and  my  subsequent  twenty-foxxr  years'  experience 
on  the  seal  islands  in  Bering  and  Okhotsk  seas,  I  have  never  linown  or 
heard  of  any  phice  where  the  Alaskan  fur-se.als  breed  except  on  the 
Pribilof  Group  in  Bering  Sea.    These  islands  are  isolated  and  seem  to 
possess  the  necessary  climatic  conditions  to  make  them  the  favcuMte 
breeding  grounds  of  tLv",  Alaskan  fur-seals,  and  it  is  here  they  congre- 
gate during  the  summer  montlis  of  ea(!h  year  to  bring  forth  and  rear 
their  young.    *    *    • 

Hair-seal  and  sea-lions  haul  out  on  the  Islands  and  are  seldom  dis- 
turbed, yet  they  will  plunge  into  the  water  at 
Dani.  Wrhiter,  p.  182.    oucc  sliould  they  discover  anyone  upon  their  rook- 
eries, but  it  is  not  so  with  the  fur-seal.    They 
seem  at  home  on  the  rookeries  and  hauling  grounds,  and  they  show  a 
degree  of  domestication  seldom  found  among  similar  animals. 

ST.   PAUL  AND  ST.   GEORGE. 

Page  91  of  The  Case. 

This  little  group  of  islets,  consisting,  in  the  order  of  their  magnitude, 
of  St.  Paul,  St.  George,  Otter,  and  Walrus  islands, 
J.  Stanley iirotvu,p.ii.  were  Created  in  the  shallow  waters  of  Bering  Sea 
by  volcanic  agency.  Outpour  upon  outpour  of 
basaltic  lava  gave  to  St.  Paul,  low-lying  sea  margins  M'liich  the  waves 
and  ice  ground  into  bowlders,  pebbles,  and  sand,  and  distributed  into 
long  reaches  of  sandy  shore  at  several  points  The  island  lies  to  day, 
excejrt  for  these  minor  changes.  Just  as  it  wf\s  created.  Olift's  are  infre- 
quent and  there  are  from  20  to  25  miles  of  alternating  areas  of  sand, 
rocky  ledges,  and  bowlder-covered  shores  that  could  be  made  available, 
did  an  expanding  herd  demand  it,  for  the  uses  of  the  seal.  About  37 
or  38  miles  to  the  southeast  lies  the  second  largest  of  the  group,  St. 
George,  which,  tlumgh  formed  in  the  same  manner  as  its  neighbor,  has 
nevertheless  been  so  modified  by  orographic  movement  as  to  form  a 
strong  contrast  to  it  toi)ographically.  Bold,  towering  cliff's  are  the  rule, 
low-lying  shores  are  rare,  and  it  can  boast  of  only  about  6  or  8  miles  of 
really  satisfactory  rookery  space  along  the  entire  sea  front.  As  a 
natural  result  St.  Paul  can  and  does  support  a  far  greater  seal  popu- 
lation than  St.  George. 


ST.    PAUL   AND    ST.    GEORGE. 


87 


The  greatest  length  of  either  of  these  islands  would  be  covered  by  12 
miles,  while  6  woiild  easily  span  them  at  theii  wjdest  part.  Ottoi-  and 
Wahus  islands,  the  former  about  6  miles  to  the  southward  and  the  lat- 
ter about  7  miles  to  the  eastward  of  St  Paul,  are  morerocuy  remnants 
and  now  play  no  part  as  breeding  grounds  for  the  seal,  and  it  is  ques- 
tionable if  they  ever  did.  The  islands',  are  far  removed  from  other  land 
areas,  the  nearest  point  on  the  Aleutian  Archipelago  lying  20  milos  to 
the  southward. 

As  a  resultof  the  volcanic  origin  of  the  islands  their  shores  are,  with 
few  exceptions,  either  made  up  of  bowlder-strewn  lava  ledges  or  <;ov('red 
by  jagged  fragments  of.basalt  of  all  si'^es,  the  sharp  edges  of  which  are 
only  slightly  worn  by  the  seals'  flippers  or  more  completely  ronnded  by 
the  waves  at  the  water's  edge.  There  are  a  few  true  sand  beaches; 
occasioiiiil  level  areas  are  fonnd  at  the  back  of  the  rookeries,  and  in 
some  places  between  the  rock  masses  comparatively  smooth  iiit('is]»a<'('s 
occur,  but  even  the  level  portions  referred  to  must  be  reachetl  by  cross- 
ing a  wide  belt  of  bowlders  of  all  sizes  that  have  been  pushed  Uindwiud 
by  the  waves  and  by  the  ice  which  annually  surrounds  the  islands.  It 
is  upon  such  siiores  that  the  seal  "rookeries"  are  located.  Of  the 
ruggedness  of  these  shores  or  of  the  irregularity  and  confusion  of  the 
lava  blocks  that  cover  them  it  isdifticult  to  form  a  picture,  but  it  is  in 
a  measure  indicated  in  the  accompanying  phot^)graphs. 

BREEDING  GROUNDS, 


\l 


nas 


Page  91  of  The  Case. 

A  rookery  thus  presents  two  distinct  features  structurally,  while  from 
the  standpoint  of  the  seal  life  thereon  there  are 
again  the  two  well-recognized  divisions  of  "breed-    j.  Stanley  Brown,  p.  12. 
ing  grounds  "  and  "  hauling  gTounds."    The  word 
"  rookery  "  is  a  general  one  and  includes  the  specific  terms  "  bjccding 
grounds  "  and  "  hauling  grounds." 

In  general  and  by  preference  the  more  rocky  areas  are  selected  by 
the  females  as  "breeding  grounds,"  .and  here,  of  course,  the  breeding- 
bulls  are  found;  while  the  young,  immature  males  or  bachelor  seals 
are  relegated  to  the  adjacent  sandy  shores  or  smoother  spaces  at  the 
rear  of  the  rookeries  for  their  "  hauling  grounds." 

Over  these  masses  of  rock  the  females  scramble  and  stumble  during 
the  entire  breeding-  season,  and  in  maintaining  the  control  of  his  house- 
hold the  bull  dashes  here  and  there,  striking  repeatv^'.y  against  the 
r,harp  edges  of  the  rocks  with  a  force  that  to  the  onlooker  would  seem 
to  threaten  his  life.    *    *    • 

Shoreward  the  limit  of  a  breeding  rookery  is  sometimes  defined  by 
topographic  conditions,  as  in  the  case  of  a  bluff,  but  tlic  soul  life  pres- 
ent in  any  one  year  upon  the  breeding  ground  is  the  true  standaid  for 
tl\e  determination  of  b(mndaries.  Upon  the  large  scale  charts  A,  B, 
0,  J),  E,  F,  G,  11,  I,  J,  K,  will  be  seen  the  approximate  areas  occupied 
as  "breeding  giounds"  in  1891,  as  observed  by  me,  while  tiie  areas  for 
certain  previous  years  have  been  indicated  by  other  observers. 

I  made  a  survey  of  said  islands  and  also  of  the  seal  rookeries  on  both 
of  said  islands.     The  charts  signed  by  me  and 
marked  A,  B,  C,  D,  E,  F,  (>,  H,  1,  J,  and  K  were   J-  Stanlej  Brown,  p.  20. 
uuido  by  me  diuing  said  smvey  of  said  rookeries 


I 


88 


THE   PRIBILOF   ISLANDS. 


: 

\  ■ 

f  ■■  ; 

^     ; 

and  represent  the  grounds  covered  by  the  same.  The  gray  color  on  said 
charts  so  signed  by  me,  and  the  red  color  on  the  rei)rints  of  the  same,  rep- 
resent the  i)]ace8  occupied  by  breeding  seals  in  181)1,  Avhich  said  spaces 
were  covered  by  groups  of  said  seals.  The  white  spaces  on  said  orig- 
hial  charts,  as  explained  by  legend  on  reprints,  represent  the  grounds 
over  which  seals  have  at  various  times  hauled,  as  is  plainly  indicated 
by  the  condition  of  said  areas. 

The  grounds  occupied  by  the  seals  for  breeding  purposes  are  along 

,  „  ,  ,„,    the  coast,  extending  from  high-water  mark  back 

Sam„el  lalconer.p.m.  ^  ^^^  ^jj^.^^  ^,^.^,y^  ^^^^^^^j  ^,,  g^_  y^^,^^.^  j^j^^^^^^ 

It  may  be  said  in  the  start  that  the  grounds  held  by  the  fur-seals  are 
known  at  the  islands  as  "  rookeries  "  and  "  haul- 
John  M.  Mori<^>;  p.  66.  lug-  grounds."    Oil  the  Ibrnier  are  found  the  breed- 
ing seals,  viz,  the  full-grown  males  not  less  than 
six  years  c?  age,  and  females  of  three  years  old  and  ui)\vards.    The 
grounds  comprising  the  rookeries  slope  u])ward  from  the  sea  in  a  grad- 
ual and  easy  manner,  and  are  characterized  by  hard  dry  surfa(;es  of 
volcanic!  cement  or  bassiltic  I'ock.    They  are  readily  accessible  from  the 
water  and  possess  other  favorable  conditions  for  occupancy  by  the  seal 
life. 

HAULING  GKOUNDS. 

Page  92  of  The  Case. 

An  inspection  of  the  general  map  of  St.  Paul  Island  will  show  that 
there  ai'e  now  existing  thereon  practically  ten 
J.Stanley  Broicn,p.l3.  rookcries,  some  of  which,  liowciver,  coalesce. 

These  rookeries  are:  Northeast  Point,  Little 
Polavina,  Big  Polavina,  Lukannon,  Ketavie,  lieof,  Garbotch,  Lagoon, 
Tolstoi,  Zapaduie. 

Up(m  the  Island  of  St.  George  it  will  be  seen  that  there  are  five  rook- 
eries: Great  East,  Little  East,  North,  Starry  Arteel,  Zapadnie. 
******* 

The  area  of  a  "hauling  ground"  is  an  ever-changing  quantity,  but 
the  locality  at  which  bachelor  seals  hauled  in  1891  and  the  approxi- 
mate areas  hauled  over  is  also  indicated  on  the  charts. 


The  young  males  or  "bachelors,"  not  being  allowed  to  land  on  these 
breeding  places,  lie  back  of  and  around  these 

Samuel  ralcontr, p.  IGI.  breeding  grounds  on  areas  designated  "  hauling 
grounds." 

CENSUS  OF  SEAL  LIFE  IMPOSSIBLE. 
Page  93  of  The  Case. 

In  1873  I  assisted  Prof.  Henry  W.  Elliott  in  making  his  meaaure- 
ments  and  estimates  of  the  number  of  seals  on  St. 

Samuel  Falcone>;p.lGi.  George  Island.  We  set  up  stakes  at  some  dis- 
tance Irom  the  breeding  rookeries  whUe  they  were 


CENSUS   OF   SEAL   LIFE   IMPOSSIBLE. 


89 


ofcupied.  Then  when  the  seals  were  gone  we  sighted  along  these 
istakes  to  deteiniine  the  back  lines  of  the  rookeries  and  measured  tlie 
areas  thus  determined  with  a  tai)e  line,  using  om;  judgment  by  observ- 
ingthe  nature  of  the  ground  to  determine  the  curvature  of  these  areas. 
AVe  then  calculated  from  our  observations  three  seals  to  a  square  yard, 
and  multiidyiiig  the  yards  in  the  areas  measured  by  three  made  our 
estimate.  I  think  the  measurements  were  made  as  accurately  as  could 
be  done  by  the  means  and  instruments  employed;  however,  I  am  con- 
vinced tliat  no  estimate  of  any  kind,  no  matter  how  accurately  the 
nu'asurements  are  made,  would  give  even  approximately  the  number  ot 
seals  on  the  island,  for  the  animals  are  constantly  in  nmtion,  coming 
and  going,  and  there  seems  to  be  almost  as  many  in  the  water  .as  on 
land.  It  is  as  impossible  to  estimate  them  a?  it  is  to  estimate  a  swarm 
of  bees.  But  aecurati,"  measurements  would  show  conclusively,  if  made 
from  year  to  year,  whether  or  not  the  seals  were  increasing  or  decreas- 
ing. 

I  do  not  think  that  the  number  of  seals  on  the  rookeries  can- be  even 
approximately  estimated.    No  satisfactory  meas- 
urement of  the  breeding  gnmndson  which  to  base    u.  a.  Gluhlen,  p.  lio. 
an  approximation  of  the  number  of  seals  has  ever 
been  or  can  be  made.    And,  even  if  sueli  measurement  could  be  made, 
the  broken  nature  of  the  ground,  the  inecpiality  of  distribution  of  the 
seals  while  on  hmd,  and  the  fact  that  the  females  are  const.antly  coming 
and  going,  preclude  the  possibility  of  any  sort  of  calculation  which  could 
be  of  any  value  at  all. 

Even  if  these  measurements  had  been  correct,  which  was  impossible, 
I  do  not  believe  it  is  possible  to  cah;ulate  even  ap- 
])roximately  the  number  of  seals  upon  the  rooker       ihUti  P.  Loud, p.  88. 
ies,  because  of  the  broken  nature  of  the  ground 
and  the  irregular  outlines  of  the  breeding  grounds. 

The  total  number  of  seals  was  stated  in  that  report  to  be  "  not  less 
than  4,()0(),000  upon  the  two  islands."  I  am  satisfied 
that  this  estimate  was  too  high,  and  that  the  more   H.  77.  McInUjre,  p.  48. 
recent  estimates  published  in  the  reports  of  officers 
of  tlic  Treasury  Department  who  have  been  at  different  times  stationed 
upon  the  islands,  or  detailed  to  report  upon  the  sealeries,  have  been  still 
more  erroneous  tlian  my  own.     My  figures  wei'e  made  without  any  at- 
tempt at  mathematical  computation,  and  were  mere  guesses  at  the  pos- 
sible number  of  seals  upon  the  ditl'erent  rookeries. 

My  successors  have  attempted  to  measure  the  ground  occupied  by 
the  seals,  and  by  nudtiplying  the  number  ui)on  a  given  area  as  ascer- 
tained by  count,  by  the  whole  area  of  the  rookeries,  to  arrive  at  an  ap- 
proximation to  the  total  number.  They  added  to  their  computation  a 
large  percentage  to  cover  the  number  supposed  to  be  in  the  water  at 
the  time,  but  did  not  subtract  for  the  inaccessible  portions  of  the 
grounds,  vast  tracts  of  which  are  covered  with  bowlders  and  lavarocks, 
Avhere  no  seals  could  lie,  or  skirted  with  acclivities  they  could  not  as- 
cend. Thatis,the  estimates  were  made  from  measurements  necessarily 
taken  after  the  seals  had  left  the  rookeries,  and  sometimes  weeks  or 
months  afterward,  with  only  the  recollection  of  the  ground  they  had 
formerly  occupied  to  gaide  the  observer.    Many  sections  were  included 


90 


THE   PRIBILOP   ISLANDS. 


rsh 


\m"' 


which  had  been  but  thinly  populated,  if  at  all.  An  attempt  to  secure 
even  an  approximative  census  of  seals  may  well  be  regarded  with  sus- 
picion. 

I  believe  that  it  is  utterly  impossible  to  <ven 
J.  H.  Moulton,p.fi.  approximately  estimate  the  number  of  seals 
which  resort  to  these  islands,  I  do  not  mean 
that  it  is  impossible  to  measure  the  breeding  rookeries,  for  that  can  be 
done  by  the  use  of  surveyors'  instruments  with  practical  accuracy,  but 
after  the  measurements  are  made,  it  is  impossible  to  estimate  the  num- 
ber of  seals  contained  in  these  areas,  the  ground  being  covered  with 
broken  rocks  of  all  sizes,  some  weighing  over  a  ton,  between  which  the 
seals  lie,  so  that  where  the  large  rocks  are  not  so  tlkick  there  will  be  a 
greater  number  of  seals;  thus  all  over  the  rookeries  the  density  of  seal 
life  varies,  and  besides  this  the  seals  are  constantly  in  motion,  the  fe- 
males coming  from  and  going  to  the  water.  I  do  not  believe  any  esti- 
mate of  the  number  of  seals  on  the  islands  heretofore  made  can  be 
relied  upon  at  all,  as  there  may  in  reality  be  twice  as  many  seals  as  es- 
timated, or  half  as  many. 

It  is  utterly  useless  to  endeavor  to  estimate  the  number  of  seals  on 
the  islands.    One  might  as  well  try  to  estimate  a 

B.  F.  Scribner,p.  89.  swarm  of  locusts,  for  they  are  constantly  in  mo- 
tion, never  for  an  instant  seeming  to  be  at  vest. 
The  breeding  rookeries  can,  of  course,  be  measured  from  year  to  year, 
and  these  measurements  would  show  an  increase  or  decrease  of  seal 
life,  for  the  harems  on  the  rookery  are  in  close  proximity,  whether  there 
are  few  or  a  great  many  of  them. 

The  areas  covered  by  these  rookeries  are  very  broken  and  uneven, 
on  account  of  the  huge  masses  of  rock  which  are  distributed  in  unequal 
quantities  over  the  surftice  of  every  rookery.  Therefore,  to  count  the 
seals  on  a  given  area  and  use  that  to  estimate  the  whole  number  on  the 
rookery  would  be  absurd.  The  estimates  of  the  number  of  seals  which 
have  been  made  heretofore  are  entirely  unreliable  in  my  oi)inion,  and 
no  dependence  c^  calculations  should  be  based  on  such  guesses. 

But  the  number  of  seals  can  not  be  estimated  with  evan  approximate 
accuracy,  because  of  the  roughness  and  unevenness  of  the  ground,  and 

because,  during  the  height  of  the  season,  a  ma- 
W.  B.  Taylor,  p.  176.  jority  of  the  females  (called  cows)  are  out  at  sea 
feeding,  being  often  obliged  to  go  30  or  more  miles 
from  the  islands  for  this  purpose,  and  not  returning  till  late  at  night. 
I  think  the  number  of  seals  heretofore  estimated  has  been  largely  ex- 
aggerated, and  no  dependence  can  be  placed  on  any  estimate  as  to 
their  numbers. 


1-^ 


It  is  impossible  to  estimate  with  any  sort  of  accuracy  the  number  of 
seals  on  the  Pribilof  Islands,  because  of  the  seals  being  constantly  in 

motion,  and  beci  use  the  breeding  grounds  are  so 
Daniel  Webster  p.  181.    covered  with  broken  rocks  of  all  sizes  that  the 
density  varies.    I  think  all  estimates  heretofore 
made  are  unreliable,  and  in  the  case  of  Elliot  and  others  who  have 
endeavored  to  make  a  census  of  seal  life,  the  numbers  are,  in  my  opin- 
ion, exaggerated. 


INCREASE  OR  DECREASE  DETERMINED. 


91 


DETERMINATION  OF  INCREASE   OB  DECREASE  OF  SEALS. 

Page  93  of  The  Case. 

The  compact  order  in  wliicli  the  breeding  seals  arrange  themselves 
npon  the  "rookeries"  upo;i  their  arrival  in  the 
spring,  completely  filling  the  gronnd  first  taken   B.  N.  Clark,  p.  159. 
before  spreading  over  adjoining  space,  enables  one 
to  see  at  a  glance,  as  the  season  advances,  whether,  if  he  remembers 
the  land  marks  to  which  they  filled  out  in  former  years,  they  have 
grown  more  or  less  numerous. 

Yet  their  habits  are  so  well  defined  and  unvarying  that  it  is  an  easy 
matter  to  determine  whether  they  increase  or  de- 
crease from  year  to  year,  because  they  always    H.  H.  Mcfntyre,  p.  48. 
occupy  the  same  portions  of  certain  beaches,  and 
simi>ly  expand  or  contract  the  boundaries  of  the  rookeries  as  they 
become  more  or  less  numerous. 

The  rookeries  are  covered  by  the  breeding  seals  in  a  very  compact 
and  regular  manner.    There  is  no  evidence  of 
crowding  or  bunching  in  one  place,  or  scattering   j.  m.  Morton,  p.  67. 
in  another,  and  ajiparently  no  spaces  within  their 
limits,  suitable  for  occupancy,  which  are  not  covered.    It  is  evident 
from  this  systematic  arrangement  and  distribution  that  any  expansion 
or  contraction  which  may  take  place  of  the  rookery  boundaries  must 
show  a  corresponding  increase  or  diminution  of  their  population;  and 
further,  that  as  the  rookeries  enlarge  or  diminish,  so  in  a  like  ratio  will 
the  general  body  of  the  seal  life  be  affected.     By  careful  and  intel- 
ligent study,  then,  of  the  breeding  grounds,   any  material   changes 
which  may  take  place  from  year  to  year  in  the  numerical  condition  of 
the  seal  life  on  the  two  islands  may  be  determined. 

But  it  is  impossible  to  determine  by  close  observation  from  year  to 
year  whether  the  seals  are  increasing  or  decreas- 
ing, because  the  seals  crowd  together  in  the  same   j.  n.  Moulton,  p.  71. 
manner,  whether  there  are  a  few  or  a  great  num- 
ber, and  as  they  increase  the  rookeries  necessarily  extend. 

I  do  not  pretend  to  be  able  to  say  how  many  seals  there  are,  or  ever 
were  on  the  rookeries ;  nor  do  I  believe  anybody 
else  can  tell;  for  the  rookeries  are  so  broken  and   j.  c.  Redpath,  p.  151. 
filled  with  rocks  it  is  impossible  to  estimate  the 
number  of  seals  upon  them  with  any  ai)proach  to  accuracy.    The  lines 
of  expansion  and  contraction  are  plain  enough,  and  can  be  seen  and 
understood  by  the  whole  community. 

I  believe  that  the  increase  and  decrease  of  seal  life  can  be  certainly 
told  from  accurate  measurements  of  the  breeding 
grounds,  because  the  seals  herd  together  as  closely    jy.  B.  Taylor,  p.  176. 
as  possible,  whether  there  are  few  or  many  of 
them. 

The  density  of  the  seal  population  on  the  rookeries  is  the  same  each 
season ;  an  increase  of  seal  life  simply  extends  the 
space  occupied  by  the  rookeries.    By  observing   s.  M.  Washburn,  p.  155. 
each   year  the  extent  of  ground  covered  with 
breeding  seals  and  comparing  it  one  year  with  another  an  observer  can 


92 


THE   ALASKAN   SEAL   HERD. 


easily  determine  whether  the  seals  are  stationary,  increasing,  or  dimin- 
ishing in  numbers. 

Measurements  of  the  breeding  grounds,  how- 

Daniel  Webster,  p.  181.  ever,  show  an  increase  or  decrease  of  the  number 

of  seals,  because  the  harems  are  always  crowded 

together  as  closely  as  the  nature  of  the  ground  and  temper  of  the  old 

bulls  will  permit. 


THE  ALASKAN  SEAL  HERD. 
DISTINCTION  BETWEEN  ALASKAN  HERD  AND  RUSSIAN  HERD. 


Page  94  of  The  Case. 

I  can  tell  by  examining  a  skin  whether  it  was  caught  in  season  or  out 

of  season,  and  whether  it  was  caught  on  the  Rus- 

George  Bantle,  p.  508.    giau  side  or  on  the  American  side.    A  Kussian 

skin  is  generally  coarser,  and  the  under  wool  is 

generally  darker  and  coarser  than  the  skins  of  the  seals  caught  on  the 

American  side.    A  Russian  skin  does  not  make  as  line  a  skin  as  the 

skins  of  the  seals  caught  on  the  American  side,  and  are  not  worth  as 

much  in  the  market.    I  can  easily  distinguish  one  from  the  other. 

The  herd  to  which  the  2,170  seals  above  referred  to  belong,  and  known 
as  "Russian  seal,"  and  have  no  connection  what- 
CharleaJ.BehloWfpAOL  ever  with  the  seals  taken  on  the  coast  of  North 
America  or  in  the  Bering  Sea,  and  known  as  the 
Northwest  seal,  the  herd  that  have  their  rookery  on  the  Pribilof  Is- 
lands. 

That  the  diflPerences  between  the  three  several  sorts  of  skins  last  men- 
tioned are  so  marked  as  to  enable  any  person 
H.  S.  Bevington,  p.  551.  skilled  in  the  business,  or  accustomed  to  handle 
the  same,  to  readily  distinguish  the  skins  of  one 
catch  from  those  of  another,  especially  in  bulk,  and  it  is  the  fact  that 
when  they  reach  the  market  the  skins  of  each  class  come  separately  and 
are  not  found  mingled  with  those  belonging  to  the  other  classes.  Tlie 
skins  of  tlie  Copper  Island  catch  are  distinguished  from  the  skins  of  the 
Alaska  and  Northwest  catch,  which  two  last-mentioned  classes  of  skins 
appear  to  be  nearly  allied  to  each  other,  and  are  ot  ihe  same  genera^ 
character,  by  reason  of  the  fact  that  in  their  r.aw  state  the  Copper  skins 
are  lighter  in  color  than  either  of  the  other  two  and  in  the  dyed  state 
there  is  a  marked  difference  in  the  ap])earance  of  the  fur  of  the  Copper 
and  the  other  two  classes  of  skins.  This  difference  is  difficult  to  de- 
scribe to  a  person  unaccustomed  to  handle  skins,  biit  it  is  nevertheless 
clear  and  distinct  to  an  expert,  and  may  be  generally  described  by  say- 
ing that  the  Copper  skins  are  of  a  close,  short,  and  shiny  fur,  i)articu- 
larly  down  by  the  flank,  to  a  greater  extent  than  the  Alaska  and  North- 
west skins. 


I  learned  that  fur-seals  of  the  species  CallorJiinus  tirsinv/i  do  breed 
and  haul  out  at  the  Commander  Islands  and  Rob- 

J.  Stanley  Brown,  p.  12.  hin  Beef,  but  the  statements  made  to  me  were 
unanimous  that  they  are  a  peparate  herd,  the  pelt 


DISTINCTION   BETWEEN    HERDS, 


93 


of  which  is  readily  distinguishable  from  that  of  the  Pribilof  herd,  aud 
that  the  two  herds  do  not  intermingle. 

Deponent  further  says  that  the  distinction  between  the  skins  of  the 
several  catches  is  so  marked  that  in  his  judgment 
he  would,  for  instance,  have  had  no  difficulty  had   Alfred  Eraser,  p.  558. 
there  been  included  among  100,000  skins  in  the 
Alaska  catch  1,000  skins  of  the  Copper  catch  in  distinguishing  the 
1,000  Copper  skins  and  separating  them  from  the  90,000  Alaska  skins, 
or  that  any  other  person  with  equal  or  less  experience  in  the  handling 
of  kins  would  be  equally  able  to  distinguish  them. 

In  the  pursuit  of  my  business  I  have  had  an  opportunity  to  buy  and 
examine  fur-seals  taken  from  the  Commander  Is- 
lands, and  can  readily  distinguish  them  from  the  George  Liebes,  p.  5ii. 
northwest  coast  catch  and  those  taken  from  the 
Pribilof  Islands.  They  are  evidently  a  distinct  and  separate  herd,  as 
the  foundation  of  the  fur  is  much  coarser,  and  at  the  same  time  does 
not  cover  the  belly  as  thickly  as  on  the  Alaska  seal  aud  is  of  very  much 
less  value.  The  proof  of  this  is  that  the  Commander  Island  skins 
bring  30  per  cent  less  in  the  market  tiian  the  Alaska  skins.  From  my 
knowledge  and  experience  in  the  purchase  and  handling  of  fur-seal 
skins  I  know  that  the  skins  taken  from  seals  along  the  coast  and  thos(> 
taken  from  the  Pribilof  Islands  belong  to  the  same  herd.  In  l)uyin<;- 
the  skins  taken  from  seals  caught  by  hunters  in  the  Bering  Sea,  tiie 
price  is  usually  made  for  the  lot  as  it  runs  without  any  limitation  as  to 
yearlings,  the  yearlings  not  averaging  more  than  2  per  cent,  whereas 
the  coast  skins  are  always  bought  with  a  limitation  as  toyearlingvS,  one 
price  being  nuide  for  the  skins  and  the  other  for  the  yearlings.  In  these 
lots  the  yearlings  usually  average  10  per  cent. 

I  herewith  attach  sami)les  of  dressed  and  dyed  fur-seal  skins  of  the 
Alaska  seals,  labeled  as  follows: 

Exhibit  No.  1,  showing  the  teats  on  the  belly  of  a  virgin  female. 

Exhibit  No.  2,  showing  the  teats  on  a  cow  heavy  with  pup. 

Exhibit  No.  3,  showing  teats  on  a  cow  suckling  pups. 

Exhibit  No.  4,  showing  teats  on  a  batchelor  seal. 

Exhibit  No.  5,  showing  the  teats  ou  a  wig. 

The  seals  to  which  I  have  thus  far  had  reference  are  known  to  myself 
and  to  the  trade  as  the  Northwest  Coast  Se.ils. 
sometimes  also  called  Victorias.    This  herd  be-    laaao  Liebes, pA55. 
longs  solely  to  the  Pribilof  Islands,  and  is  easily 
distinguishable  by  the  fur  from  the  fur-seals  of  the  other  northern  rook- 
eri(;s,  and  still  esisier  from  those  of  the  south.     All  expert  seal-skin 
assorters  are  able  to  tell  oiu^  from  the  other  of  either  of  these  ditterent 
herds.    Each  has  its  own  characteristics  and  values. 


I  have  found  that  the  Russian  skins  were  flat  and  smaller,  and  some- 
what different  in  coh)r  in  the  under  wool  than 
those  caught  on  the  Anuuican  side.    In  my  opinion     Sidney  IAebe»,p.  516. 
they  are  of  an  inferior  quality.    The  Alaska  skins 
are  larger  and  the  hair  is  much  liner.    The  color  of  the  under  wool  is 
also  different.     I  have  no  difficulty  in  distinguishing  one  skin  from  the 
otlier.    I  am  of  the  opiniou  that  they  belo  ug  to  au  entirely  separate 
and  distinct  herd. 


ii!i 


l,i 


94 


THE   ALASKAN   SEAL   HERD. 


I  can  easily  distinguish  the  Copper  Island  fiii-seal  skin  in  its  un- 
dressed state  from  that  of  the  Alaskan  .and  north- 
JohnN.Lofatad, p.  516.  west  coast  skins.    They  are  of  an  entirely  dis- 
tinct and  separate  herd,  while  those  of  the  north- 
west coast  and  Pribilof  Islands  are  of  the  same  variety. 

The  skins  belonging  to  these  several  catches  are  catalogncd  sepa- 
rately, sold  separately,  and  are  of  different  values, 
Walter  E.  Martin, p. 569.  and  necessarily,  therefore,  bring  different  prices 

in  the  market. 
The    differences   between  these   several  classes    of   skins  are   so 
marked  as  to  enable  any  person  skilled  in  the  business  to  readily  dis- 
tinguish one  from  the  other.    •    •    • 

The  differences  between  the  Copper  Island  catch  and  the  Alaska  catch 
are  marked  and  enable  anyone  experiencicd  in  handling  skins  to  dis- 
tinguished the  one  from  the  other.  The  Copper  Island  skins  show  that 
the  animal  is  narrower  in  the  neck  and  at  the  tail  than  the  Alaska  seal 
and  the  fur  is  shorter,  i>articularly  under  the  flippers,  and  the  hair  has 
a  yellower  tinge  than  have  the  hairs  of  the  Alaska  seals,  so  that  before 
the  skins  are  dressed  the  two  may  be  readily  distinguished  from  each 
other,  and  while  deponent  has  made  no  sncli  attempt  he  believes  that  it 
would  be  reasonable  to  say  that  if  1^000  Copper  Island  skins  were 
mingled  among  99,000  Alaska  skins  it  would  be  possible  for  anyone 
skilled  in  the  business  to  extr.act  950  of  the  1,000  Copper  Island  skins 
and  to  separate  them  from  the  99,050  of  the  Alaska  catch,  and  rice 
versa.  Both  the  Copper  Island  skins  and  the  Alaska  skins  are  the  skins 
of  male  seals  almost  exclusively,  although  occasionally  female  skins  are 
found  among  the  Copper  Island  catch  and  less  often  among  the  Alaska 
catch. 


|- 


The  seals  of  the  Commander  Islands  appeared  to  me  slightly  differ- 
ent from  the  Pribilof  fur-seals.    They  are  grayer 
N.  B.  Miller,  p.  201.      in  color,  and  of  a  slighter  build  throughout  the 
body.    The  bulls  have  not  such  heavy  manes,  or 
fur  capes,  the  hair  on  the  shoulders  being  much  shorter  and  not  nearly 
so  thick.    The  younger  seals  have  longer  and  more  slender  necks  ap- 
parently.   I  noticed  this  difference  between  the  seals  at  once. 

During  the  season  of  1891  I  was  the  agent  of  the  Russian  Seal-skin 
T  F  Moraan  v  201  Company,  of  St.  Petersburg ;  that  I  was  on  Bering 
^  >^'  '  Island  at  the  time  that  Sir  George  Badon-Powell 
and  Dr.  George  M.  Dawson,  the  British  representatives  of  the  Bering 
Sea  Joint  Commission,  were  upon  said  island  investigating  the  Russian 
sealeries  upon  the  Komandorski  Islands,  that  I  was  present  at  an  exam- 
ination, which  said  Commissioners  held,  of  Sniegeroff,  the  Chief  of  the 
natives  on  Bering  Island,  who,  prior  to  the  cession  of  the  Pribilof  Islands 
by  Russia  to  the  United  States,  had  resided  on  St.  Paul,  one  of  said  Prib- 
ilof Islands,  and  that  since  that  time  had  been  a  resident  on  said  Bering 
Island,  and  during  the  latter  part  of  said  residence  had  occupied  the 
position  of  native  chief  and  as  such  superintended  the  taking  and  kill- 
ing of  fur-seals  on  said  Bering  Island;  that  during  said  examination 
the  Commissioners,  through  an  interpreter,  asked  said  Sniegeroff  if  there 
was  any  difference  between  the  seals  found  on  the  Pribilof  Islands  and 


DISTINCTION   BETWEEN   HERDS. 


95 


cliffer- 


tlio  seals  found  outhe  Komandorski  Island;  that  said  SniegeroflFat  once 
rejjlied  that  there  was  ditterence  and  on  further  questioning  stated  that 
such  difference  consisted  in  the  fact  that  the  Komandorski  Island  seals 
were  a  slimmer  animal  in  the  neck  and  flank  than  the  Pribilof  Island 
seals,  and  further  that  both  the  hair  and  fur  of  the  Komandorski  IsUind 
seal  were  longer  than  the  Pribilof  Island  seal;  said  Commissioners 
asked  said  Sniegeroft'  the  fiirther  question,  whether  he  believed  that 
the  Pribilof  herd  and  Komandorski  herd  ever  mingled,  and  he  replied 
that  he  did  not. 

I  was  formerly,  as  I  have  stated,  interested  in  the  Commander  seal 
islands,  as  well  as  those  of  Alaska.  The  two  herds 
are  separate  and  distinct,  the  fur  being  of  differ-  Gustavo  Niebaum,  p.  78. 
cut  (juality  and  appearance.  The  two  classes  of 
skins  have  always  been  held  at  different  values  in  the  London  market, 
the  Alaskas  bringing  invariably  a  higher  price  than  the  Siberias  of  the 
same  weight  and  size  of  skins.  1  think  each  herd  keeps  upon  its  own 
feeding  grounds  along  the  respective  coasts  they  inhabit. 

While  the  Alaska  and  Northwest  coast  skins  are  taken  from  the 
same  species  or  herd  of  seals,  I  am  convinced  that 
the  Copper  skins  are  taken  from  seals  of  a  ditter-    John  J.  Pheian, p.  5id. 
ent  herd.    I  have  noticed  the  difi'erence  in  the 
skins,  both  in  their  raw  state  and  during  the  processes  of  dressing.    The 
hair  of  the  Coi)per  skin  is  shorter,  thinner,  and  generally  of  a  some- 
what darker  color  than  that  of  the  Alaska  or  Northwest  coast  skins, 
and  in  most  cases  the  difference  in  shape  is  sufficiently  marked  to 
enable  me  to  distinguish  them  by  that  means  alone. 

The  difference  between  the  Copper  and  the  other  skins  is  still  more 
marked  during  the  processes  of  dressing.  It  is  very  much  more  diffi- 
cult to  unhair  a  Copper  skin.  Furthermore,  the  pelts  of  the  copper 
skins  are  less  porous  than  those  of  the  other  skins.  Whilv^.  preparing 
skins  for  dressing  it  is  necessary  to  "  work  "  them  and  open  the  pores 
;n  order  to  "leather"  them,  and  it  is  during  this  process  that  I  have 
noti(!ed  the  fact  that  Copper  skins  are  nuich  less  porous  than  tho  others. 
The  pelt,  being  harder  and  stitter  and  the  hair  more  briitla  we  can 
hardly  ever  unhair  a  Copper  skin  as  satisfactorily  as  we  can  the  other 
skins. 


Bering 


That  the  three  classes  of  skins  above  mentioned  are  easily  distinguish- 
able from  eacli  other  by  any  person  skilled  in  the 
business  or  accustomed  to  handling  skins  in  the   Henry  Poland,  p.  571. 
raw  state.    That  deponent  has  personally  handled 
the  samples  of  the  skins  dealt  in  by  this  firm,  and  would  himself  have 
no  difficulty  in  distinguishing  the  skins  of  the  Copper  Island  catch 
from  the  skins  of  the  Alaska  and  Northwest  catch,  by  reason  of  the 
fact  that  in  the  raw  state  the  Copper  Island  skins  have  a  lighter  color 
and  the  fur  is  rather  shorter  in  pile  and  of  an  inferior  quality.    The 
skins  of  each  of  the  three  classes  have  different  values  and  command 
prices  in  the  market. 

The  skins  of  the  Eussian  side  are  much  coarser  than  those  of  the 
American  side,  and  the  ftir  is  a  little  darker; 
more  of  a  cherry  color.    The  top  hair  is  darker,    chas.  W.  Price,  p.  521. 
The  seals  on  the  Russian  side  are  a  distinct  and 
dif't'ereut  herd  from  those  on  tiic  American  side  and  are  not  as  valuable. 


96 


THE   ALASKAN   SEAL   HEivD. 


The  diflferences  between  the  several  classes  of  skins  are  very  marked, 
and  enable  anybody  who  is  skilled  in  tlie  busi- 

Geo.  Iiice,p.573.  ness  or  aocustonied  to  handling  of  fur-seal  skins 

to  distinguish  the  skins  of  one  class  from  the 

skins  which  belong  to  either  of  the  other  two  classes  and  these  diller- 

ences  are  evidenced  by  the  fact  that  the  skins  obtain  ditlerent  prices  in 

the  market.    *    *    * 

The  difference  between  the  Copper  Island  catch  and  the  Northwest 
and  Alaska  catches,  which  two  last-mentioned  classes  of  skins  of  the 
fur-seal  apparently  belong  to  the  same  family,  are  such  as  to  enable  any 
person  skilled  in  the  business  to  distinguish  the  Coppers  I'rom  the 
Northwest  and  Alaska  skins,  or  what  I  may  call  the  IJoring  Sea  seal- 
skins, but  the  manner  in  which  the  skins  are  distinguished  is  dillicult 
to  describe  to  any  person  not  accustomed  to  handling  skins.  The 
difference  again  between  the  Alaskas  and  Northwest  catches,  although, 
as  deponent  has  said,  they  are  of  the  same  general  family,  is  yet  very 
marked  by  reason  of  the  diflerence  of  the  color  of  the  hair,  the  length 
of  the  wool,  which  is,  of  course,  perceptible  mainly  u])()n  exiimination 
of  the  pelts  and  of  the  fact  that  the  fenmle  skins  show  the  marks  of  the 
breast. 

The  differences  between  the  three  classes  of  skins  above  mentioned 
are  so  marked  that  the  skins  belonging  to  the  three  catches  have 


always,   since  deponent  had   any 


knowledge 


of  the  business,   com- 


manded, and  do  now  comnmnd,  different  prices  in  the  markets.  For 
instance,  the  Alaska  skins  of  the  last  year's  catch  fetched  about  1L*5». 
per  skin;  the  Copper  skins  of  the  last  year's  cat(?h  fetched  (I8,s'.  iki.  ])er 
skin,  and  the  Northwest  skins  of  the  last  year's  catch  fetched  about  55s. 
per  skin. 

Among  the  skins  classed  as  the  Northwest  catch  there  have  for  the 
last  few  years  been  included  a  considerable  number  of  skins  which  de- 
ponent says  he  thinks  were  formerly  called  Ja])anese  skins,  which  are 
distinguished  from  the  remaining  Northwest  and  Alaska  skins  by  rea- 
son of  the  different  color  of  the  skins  in  the  raw  state.  This  difference 
in  color  is  so  distinct  as  to  be  practically  unmistakable. 

I  have  handled  many  sealskins  coming  from  both  north  and  south  of 

this  port,  and  can  readily  distinguish  the  differ- 

Leon  SI088,  p.  92.  once  between  them.    Thost    from  the  southern 

islands  are  from  a  different  s];ecies  from  the  Alas- ' 

leans,  and  both  differ  from  the  Asiatic  skins.     The  skins  from  the 

warmer  latitudes  are  greatly  inferior.    The  fur  is  short  and  thin  and  of 

a  reddish  brown  color.    They  can  be  detected  at  once.    It  is  not  as 

easy  to  distinguish  the  Alaska  from  the  Asiatic  skins,  but  experts  in 

handling  them,  nevertheless,  do  it  with  unerring  accuracy. 

The  skins  of  these  several  catches  are  readily  distinguished  from 
each  other,  and  the  skins  of  the  dillerent  sexes 

Wm.C.  B.stamp,p.515.  may  be  as  readily  distinguished  from  each  other 
as  the  skins  of  the  different  sexes  of  any  other 
animal.    *    *    * 

The  differences  between  the  Copper  and  Alaska  skins  are  diflicul,'-  to 
describe  so  that  they  can  be  understood  by  any  person  who  has  no  pi  ac- 
tical  knowledge  of  furs,  but  to  any  one  skilled  in  the  business  there  are 
apparent  differences  in  jolor  between  the  Copper  and  Alaska  skins,  and 
a  difference  in  the  length  and  qualities  of  the  hairs  which  compose  the 


mii 


DISTINCTION   BETWEEN    HERDS. 


97 


icul.'  to 

10  pi  IC- 

leie  are 
IIS,  and 
ose  the 


fur,  and  there  are  also  apparent  slight  differences  in  the  shape  of  the 
skins. 

The  differences  between  the  skins  of  the  three  catches  are  so  marked 
that  tliey  have  always  been  expressed  in  the  different  prices  obtained 
for  the  skins.  I  have  attended  the  sales  for  many  years,  and  am  able 
to  make  this  statement  from  my  own  knowlcdjfe.  The  average  i)ri(e8 
obtained  at  the  sales  of  the  last  year's  catch  for  instance  were  as  fol- 
lows: For  the  Alaska  skins,  1L'">«.  per  skin;  for  the  Copper  skins,  08*. 
per  skin;  and  for  the  Northwest  skins,  53«.  per  skiu. 

The  skins  of  the  Alaska  and  Copper  catches  are  readily  distinguished 
from  each  other  and  command  different  prices  in 
market,  and  I  should  have  no  ditliculty  and  would  Emil  Teichmann,  p.  sso. 
un<lertake  from  my  knowledge  of  the  various  skins 
tosej)arate  Copper  skins  from  Alaska  skins  shonld  they  ever  be  found 
m'Mgled  together,  as,  however,  they  are  not.  The  AlaskaandCopi)er  skins 
aredistmguishablefromeachotherpiirtly  bymeansof  theditVercnt  c(»lor. 
The  Copper  Island  skins  generally  have  a  darker  to])  hair  and  are  more 
yellow  on  the  cheeks  that  the  Alaska  skins.  Perhaps  a  surer  mciins  of 
distinguising  the  two  is  the  ditterence  in  shai)e.  The  Cop])er  Island 
skins  are  nuich  narrower  at  the  head  than  the  Alaska  skins,  and  this 
difference  is  very  marked.  In  our  warehouses  we  have  a  different  set  of 
frames  for  the  sizing  out  of  the  Copper  skins  from  those  we  use  tor  the 
Alaska  skins.  Another  differencequiteas  imjiortant  as  the  shape  is  that 
the  fur  ui)on  Copjier  Island  skins  is  considerably  shorter  on  the  Hanks 
anH  towai'd  the  tail  than  is  the  fur  of  the  Alaska  skins.  All  of  these 
dilferences  are  so  marked,  as  I  have  before  stated,  as  to  enable  any 
expert,  or  one  familiar  with  the  handling  of  skins,  to  readily  distni- 
guish  Coi)per  from  Alaska  skins,  or  vice  verna,  bat  it  is  true  in  the  case 
of  v<  ry  young  animals  the  differences  are  much  less  marke<l  than  in  the 
case  of  tlie  adult  animal.  We  receive  practically  no  skins  of  very  young 
animals  from  Alaska,  but  we  do  receive  at  times  a  (certain  nuuiher  of 
the  skuis  of  the  ycmng  animals  from  Copper.  All  the  skins  of  both  the 
Copper  and  Alaska  catches  are  the  skins  ot  the  male  animals. 

The  skins  of  the  Northwest  catch  are  in  turn  readily  distinguishable 
froui  the  skins  of  the  Alaska  as  well  as  the  Copper  catch.  The  dif- 
ferences which  I  have  enumerated  between  the  C()]>i)er  and  Alaska 
skins  are  acicentuated  in  distinguishing  the  skins  of  the  Noitliwest 
catch  from  the  skins  of  the  Coi)per  catches,  and  we  use  a  sei)arate  set 
of  frames  or  i)atterns  in  our  business  for  the  Northwest  skins  iVom  what 
we  use  for  the  ('oi)per  or  Alaska  skins.  Among  what  are  classed  by 
us  as  Northwest  skins  are  included  what  are  sometimes  called  Japanese 
skins,  which  are  the  skins  of  seals  killed  on  the  nortliein  Asiatic  coasts. 
These  skins  «!oine  upon  the  market  genenilly  by  way  of  Japan,  but  some- 
times by  way  of  8an  Francisco  or  Victoria. 

The  skins  of  each  of  the  several  catches  are  readily  distinguish- 
able from  e.ach  other  by  any  person  at  all  exi)eri- 

enced  in  the  handling  ot  seal  skins;  and  the  skins  rfenry  Ti-cadweU,  p.  525. 
of  the  Northwest,  Alaska,  or  Co])j.er  catch  are 
none  of  them  found,  except  under  those  titles;  that  is  to  say,  that  skins 
of  the  "Copper"  catch  are  not  found  among  the  "Alaska"  seal-skins, 
nor  those  of  the  Northwest  catch  among  the  Alaska  or  (Joi»i)er  seal- 
skins. The  skins  of  the  three  catches  are  so  readily  distinguishable 
from  each  other  that  deponent  says  he  would  be  able,  on  the  examina- 
tion of  the  skins  as  they  are  taken  liom  the  barrels  in  which  they  are 

7  B  s 


98 


THE    ALASKAN   SEAL    HERD. 


I 


lil 


I  >i< 


E 


packed  ni  salt  and  received  by  him,  to  detect  at  once  in  a  barrel  of 
Alaska  skins  tlie  skins  of  eitlier  the  (Jopjx'r  or  the  Northwest  catch  ;  or 
in  a  barrel  of  the  Northwest  <!atch  the  skins  (»f  either  the  Ahiska  oi-  tho 
Coi>i>er  catt'li,  or  in  a  barrel  of  tlio  (Jopper  catch  the  skins  of  either  tho 
Alaska  or  Nortiiwest  catch.  Theskinsoftlie  Ahiska  and  (-opper  cat<'iies 
are  readily  distiiijunishable  from  each  other,  althon^ih  male  skins;  and 
the  skins  of  tiie  Northwest  <^at(^h  are  also  readily  distiii;:;iiisliabh'-  from 
botli  the  ('op])er  and  Ahiska  ])y  the  fact  that  they  are  almost  all  fe- 
nndes,  and  all  have  marks  of  bullets,  buckshot,  or  sjtears,  showing;  that 
they  iiave  been  killed  at  sea,  although  the  Northwest  catch  belong  to 
the'  I'ribilof  Island  herd.    •    *    * 

It  is  e(iually  true  that  the  skins  of  all  the  other  catches  which  we  had 
in  prior  years  were  readily  distinguishable  from  each  other.  1  have  not 
seen  the  seals  in  tiieir  native  rookeries,  and  can  not  speak  as  to  the 
distinguishing  traits  of  the  livo  animal,  but  in  the  trade  an<l  in  the  ex- 
perience of  our  firm  we  have  always  been  able  to  distinguish  readily 
the  skins  coming  from  one  h)cality  from  the  skins  coming  from  another. 
1  renuMuber  upon  one  occasion  my  firm  received  a  consignment  of  skins 
from  London  whi(!h  bore  no  marks  familiar  to  us  and  which  skins  had 
not  been  described  to  us,  and  that  my  brother,  who  was  then  at  the 
head  of  the  business,  and  who  is  now  <lea<l,  said,  after  insi»ecting  the 
said  skins,  that  they  reminded  him  very  much  of  what  wt^re  formerly 
called  "south  latitude  skins,"  and  ])articularly  of  some  skins  whicli  he 
had  twenty  odd  years  befori;  from  Santa  IJarbaia,  in  (Jalifornia;  and 
upcm  inquiry  from  the  Messrs.  Lampson  and  Company  we  were  informed 
by  them  that  the  said  skins  were  the  skins  of  seals  killed  at  Santa 
Barbara. 

And  the  skins  of  the  two  herds  of  the  Pribilof  and  Commander  islands 
may  be  so  readily  distinguished  from  each  other 

C.  A.  Williams,  p.  537.  that  an  exi)ert  would  have  no  difficulty  in  at  once 
throwing  out  from  the  catch  taken  on  the  Com- 
mander Islands  any  skins  of  the  Pribilof  herd,  and  vice  vcrna;  and 
deponent  understands  from  persons  who  have  had  long  ex])erience  iu 
the  examination  of  the  living  animals  that  the  two  herds  so  diH'er  as  to 
belong  to  separate  species  of  the  same  genus,  and  can  readily  be  dis- 
tinguished from  each  other.         *  *##*.* 

And  the  skins  of  these  three  catches,  as  deponent  has  before  stated, 
are  readily  distinguishable  from  cad  other  and  are  are  well  recognized 
in  the  trade  as  distinguishable  from  each  other  and  the  diflerences 
between  are  clearly  evinced  in  the  different  ])rices  whic^h  have  always 
been  olitained  for  the  seal  skins  of  the  three  catches;  for  instance, 
the  skins  of  the  Alaska  catch  now  command  and  have  always  com- 
manded  by  20  or  .'iO  per  cent  a  better  price  than  skins  of  tlie  same 
size  from  the  Copper  catch;  and  this  ditt'erence  is  also  recognized  by 
the  Russian  Government,  who  lease  the  privilege  of  catching  upon 
the  Commander  Islands  upon  terms  25  i)er  cent  less  than  the  terms 
exacted  by  the  United  States  for  the  lease  catch  upon  the  Pribilof 
Islands. 

The  Eussian  seal  is  a  smaller  seal,  and  the  fur  is  not  as  dose  as  the 
fur  of  the  Alaska  seal,  nor  as  good  quality.    They 
Maurice  WtndmVler,  p.  are  an  entirely  different  herd  from  those  on  the 
550.  American  side,  and  their  skins  have  peculiar  char- 

acteristics by  which  it  is  not  diliicult  to  separate 
them. 


biirrol  of 
•at«*li;  or 
Ua  oi-  the 
itiicr  the 
'iciiti'lies 
ins;  and 
iblc,  from 
>st  all  le- 
viiijj  that 
)eh)iig  to 

h  we  had 
have  not 
as  to  the 
n  the  ex- 
i  readily 
I  another. 
k  of  .skins 
ikins  had 
311  at  the 
•tinj?  the 
formerly 
which  he 
Ilia;  and 
informed 
at  Santa 

T  islands 

|u'li  other 

at  once 

le  Com- 

rsa^  and 

ience  iu 

Her  as  to 

y  be  dis- 

e  stated, 

cognized 

tferonces 

always 

I  stance, 

ys  com- 

le  same 

lized  by 

g  U])()n 

le  terms 

Pribilof 


0  as  the 
They 
e  on  the 
archar- 
eiiarate 


HERDS   DO   NOT   MINGLE. 


DOES  NOT  MINOLE   WITH   RUSSIAN   HERD. 


99 


Pago  96  of  The  Case. 

The  Commander  Islandt  herd  is  < widen tly  distinct  and  separate 
from  the  Pribilof  Islands  herd.     Its  home  is  the 
Commander    group  of  islands  on    the  western    />r.  ./.  J.  Allen,  Vol.  i, 
side  of  Bering  Sea,  and  its  line  of  migration  is  p-  406. 
westward  and  southward  along  the  Asiatic  coast. 
To  suppose  that  the  two  herds  mingle  and  that  the  same  animal  may 
at  one  time  be  a  member  of  one  lierd  and  at  another  time  of  the  other, 
is  contrary  to  what  is  known  of  the  habits  of  migrating  animals  iu 
general. 

The  fur-seals  of  the  Pribilof  Islands  do  not  mix  with  those  of  the 
Commander  and  Kurile  islands  at  any  time  of  the 
year.    In  summer  the  two  herds  remain  entirely    Report  of  Amrrioan 
(distinct,  sejiarated  by  a  water  interval  of  several  Commiaaionera,  p.  323  of 
hundred  miles;  and  in  their  winter  migrations  Tht  Case. 
those  from  the  Pribilof  Islands  follow  the  Amer- 
ican coast  in  a  southeasterly  direction,  whil»»  those  from  the  Commander 
and  Kurile  islands  follow  the  Siberian  and  Japan  coasts  in  a  southwest- 
erly direction,  the  two  herds  being  separated  in  winter  by  a  water  in- 
terval of  several  thousand  miles.    This  regularity  iu  the  movements  of 
the  ditterent  herds  is  in  obedience  to  the  well-known  lnyf  that  migratory 
animals  follow  dejinite  routen  in  migration  and  return  year  after  year  to 
tiie  same  places  to  breed.    Were  it  not  for  this  law  there  would  be  no 
«'i  'i  tiling  as  stability  of  species,  for  interbreeding  and  existence  under 
diverse  physiographic  conditions  would  destroy  all  specitic  characters. 

I  think  the  Commander  Islands  seals  are  ;i  different  body  of  seals 
altogether  from  those  of  the  Pribilofs,  and  that 
the  two  herds  never  mingle.    I  think  the  Com-    c.  H.  Anderson,  p.  2Q5. 
mander  Islands  herd  goes  to  the  southward  and 
westward  towards  the  Japanese  coast. 

I  am  told  and  believe  that  the  Robben  Island  seals  can  be  distin- 
guished by  experts  from  those  on  the  Commander 
Islands,  and  am  satistied  tliat  they  do  not  mingle   jno.  G.  Blair,  p.  193. 
with  them,  and  are  a  separate  and  distinct  herd. 
They  remain  on  and  about  the  islands  in  large  numbeie  until  late  in 
the  fall.    I  have  been  accustomed  to  leave  iu  October  or  early  in  ^o- 
vember,  and  seals  were  always  plentiful  at  that  time.    I  am  of  opinion 
that  they  do  not  migrate  to  any  great  distance  from  the  island  during 
the  winter.    A  few  hundred  young  pups  are  caught  every  winter  by 
the  Japanese  in  nets  off  the  north  end  of  Yesso  Island. 

I  have  made  33  voyages  between  the  Aleutian  Archipelago  and  the 
Commander  Islands,  but  have  never  seen  seals  between  about  longi- 
tude 170  west  and  165  east.  I  am  satisfied  the  Alaska  seals  do  not  mix 
with  those  of  Siberia.  I  have  seen  seals  in  winter  and  known  of  their 
being  caught  upon  the  Asiatic  side  as  far  south  as  36°  north  latitude. 

No  vessel,  to  my  knowledge,  has  ever  met  a  band  of  seals  in  midocean 
in  the  North  Pacific.    1  have  crossed  said  waters 
on  three  different  occasions,  and  each  time  kept  a    William  Brennan,p.  358. 
close  lookout  for  them. 


m 


5 


■     11  i 

i'  % ' 

IHi''  '■'■;' 

ill,' , ! 


lir 


100 


TRp;    ALASKAN    SEAL    HERD. 


The  Pribilof  herd  does  not  miiijTie  witli  the  herd  located  on  the  Com- 
mauder  Islands.    This  I  know  from  the  fact  that  the  herd  goes  east- 
ward after  entering  the  Pacific  Ocean,  and  from 
Chaa.  Bryant,  p.  4.         questioning  natives  and  half  breeds,  who  liad  re- 
sided in   Kamchatka  as  employes  ':!"  the  Russian 
Fur  Company,  I  learned  that  the  Commander  her''  on  leaving  their 
islands  go  southwestward  into  the  Okhotsk  Se<T  and  the  waters  to  the 
southward  of  it  -.ad  winter  there.    This  fact  was  further  verilied  by 
whalers  who  find  them  there  in  the  early  spring. 

Deponent  is  further  of  the  opinion,  from  his  long  observation  and 

handling  of  the  skins  of  the  several  catches,  that 

Alfred  Fraaer,  p.  558.     the  skins  of  the  Alaska  and  Copper  catches  are 

readily  distinguishable  from  eacli  other,  and  that 

the  herds  from  which  such  skins  are  obtained  do  not  in  fact  intermingle 

with  each  other,  because  the  skins  dassilied  under  the  head  of  Coiiper 

catch  are  not  found  among  the  consignments  of  skins  received  from  the 

Alaska  catch,  and  vice  versa. 

In  the  months  of  October  and  November,  after  a  blow  from  the 
northeast,  a  few  scattering  gray  pups  are  occasion- 
Kasaian  Oorloi,  p.  212.  ally  Seen  in  groups  of  two  and  three.  They  pass 
from  Bering  Sea  into  the  Paciftc,  and  do  not  linger 
about  this  region.  I  have  killed  a  few  of  these  pups  in  the  ])asses  of 
xVtka  and  Amlia  islands  for  (bod,  and  did  not  And  them  ditticnlt  to  ap- 
proach in  bidarka.  I  killed  ten  in  one  season,  about  the  year  1808, 
using  a  spear,  and  never  lost  one  struck,  although  they  do  not  Hoat 
long  after  being  killed,  usually  less  than  five  minutes.  We  find  but 
few  nowadays,  and  I  think  there  are  less  fur-seals  than  there  were 
formerly.  I  do  not  know  the  reason  for  it.  I  have  never  seen  an  old 
bull  or  a  full-grown  fur-seal  about  these  islands.  I  do  not  know  through 
what  passes  the  seal  herds  move  to  and  from  the  Bering  Sea,  nor  the 
time.  Schooners  have  occasionally  been  seen  about  this  region  in  the 
spring,  but  they  never  stayed  long,  and  I  do  not  think  they  got  any 
skins. 

I  think  the  fur-seal  herds  of  the  Commander  an  1  Pribilof  islands 
are  sejjarate  bodies  of  the  fur-seal  species,  wliose 
CAaWesJ^.  ^rtj7ue,jj.  207.  mimbers  do  not  mingle  with  each  other.     In   the 
latter  ]y,irt  of  September  of  18(i7,  in  the  brig  Ken- 
tucky, making  passage  between   Petroiianlowski   and    Kadiak,  I  ob- 
served the  Commander  Islands  seal  herd  on  its  way  from  the  rookeries. 
They  moved  in  a  compact  mass  or  scliool,  after  the  manner  of  herring, 
and  were  making  a  westerly  course  towards  the  Kurile  Ishuuis. 

Q.  In  your  opinion  do  the  seals  on  the  Russian  side  intermingle  with 

those  on  the  Pacific  side  or  are  they  a  separate 

H.  Harmaen, p. ii3.        herd? — A.  No,  sir;  they  do  not  come  over  this 

way.    They  are  not  a  dill'erent  breed,  but  tliey 

keej)  over  by  themselves.     At  least  I  don't  think  so.    They  follow  their 

own  stream  along  there.    There  is  so  much  water  there  where  there  are 

seals,  and  so  nuich  where  there  are  not.    They  are  by  themselves. 

Q.  In  your  opinion,  do  the  seals  on  the  Russian  side  intermingle 
with    those  on    the   ]  M'ifie    side  or  are  they  a 

GiM<are/8aacsoH,i). 410.  separate  herd?  —  A.  '<  iiey  do  iiot  intermingle 
at  all. 


HERDS   DO   NOT   MXNGl  E. 


101 


I. 


and 


Q.  In  your  opinion,  do  the  seals  rn  the  .liussian  side  intermingle 
with  those  on  the  PaeiHc  side  or  are  tliey  a  sep- 
""arate   herd? — A.   I  think   they  are  a    separate    Frank  Johnson, p.  Ul. 
herd. 

Have  seen  only  three  fiir-seals  in  this  region  in  twenty  yeais;  saw 
them  in  May,  18JI0,  traveling  along  the  north  side 
of  Attn  Island,  about  o  miles  otf"  shore,  and  mak-    Samuel  Kahoorof,p.2U. 
ing  a  northwesterly  course.    They  were  young 

males,  I  think.  Fur  seals  do  not  regularly  visit  these  islands  now,  but 
about  twenty-five  or  thirty  years  ago  I  used  to  see  small  s(piads  of  large 
seals  during  the  n»onth  of  .June  feeding  and  sleeping  about  the  kelp 
])atches  oil'  the  eastern  shores  of  Attn  and  Agattu  Islands.  They  came 
from  tlie  southward  and  truveled  in  a  northwesterly  direction.  Never 
saw  any  I'ur-seals  east  of  the  Semiehi  Islands,  and  do  not  think  those 
of  the  Coumiander  Islands  herd  go  farther  to  the  eastward  than  that. 
They  decreased  in  numbers  gradually,  and  during  the  last  twenty  years 
have  only  seen  the  three  above  mentioned.  Have  never  seen  a  nursing 
or  mother  cow  or  a  black  or  gray  pup  in  this  region,  and  do  not  think 
they  ever  visit  it. 

Q.  In  yonr  opinion  do  the  seals  on  the  Russian  side  i'  termingle  with 
those  on  the  Pacific  side  or  are  thev  a  separate 
herd  ?— A.  They  are  ii  diflerent  herd  of  seals  alto-    ^'*^-  '"''^«««.  P-  '^• 
gether. 


islands 
whose 
n  the 
Ken- 
I  ob- 
;eries. 


e  with 
)arate 
this 
th«\v 
their 
Me  are 


;r 


Q.  In  your  opinion  do  the  se.als  on  the   Tlussian  side  intermingle 
with  those  on  the  Pacific  side? — A.  No,  sir;   1  do 
not  think  so.    They  are  different  seals   i"  n«v   -Oan.ei  McLean,  p.  444. 
opinion. 


in  my 


The  seals  of  the  Commander  Islands  are  of  a  difTerent  variety  from 
those  of  the  Pribilofs.    Their  fur  is  not  so  thick 
and  briglit  and  is  of  a  somewhat  inferior  quality,    jno.  Mahwanaky,  p.  19S. 
They  form  a  distinct  herd  from  tliat  of  St.  Paul 
and  St.  George,  and  in  my  opinion  the  two  do  not  intermingle. 

I  was  present  as  interpreter  when  the  English  commissioners  were 
taking  testimony  on  Bering  Island.  They  examined,  among  others, 
wlien  I  was  present,  Jefim  Snigentff,  chief  on  Bering  Island,  he  being 
tlie  person  selected  by  them  there  from  which  to  procure  the  testimony 
relating  to  the  habits  and  killing  of  seals.  This  Snigeroff  testified  rliat 
he  had  lived  on  tlie  Pribih)f  Isiaiids  for  many  years,  ;iiid  knew  tlic  dis- 
tinctive characteristics  of  both  herds  (Commander  and  Priltilof)  and 
their  habits,  and  tliat  he  removed  from  thence  to  Bering  Island,  lie 
])()inted  out  that  the  two  herds  have  several  difiereut  characteristics, 
and  stated  that  in  his  belief  they  do  not  intermingle. 

There  are  two  great  herds  or  armies  of  fnr-seals  that  frequent  the 
Korth  Pacific  Ocean  and  Bering  Sea.    They  are 
quite  distinct  from  each  other  and  do  not  inter-    Mon-ia  Mo8ii,p.3il. 
mingle.    The  one  army  appears  off  the  coast  of 
Califorina  in  the  latter  part  of  I)ecend)er  and  gradually  work  their  way 
northward,  and  are  joined  by  others  coming  ap])arcntly  fr(un   mid- 
ocean.    *     *     •    The  other  army  proceeds  along  the  .lapanese  coast, 
and  head  for  the  Commander  and  Bobben  islands.     1  believe  the  seals 
always  return  to  the  place  of  their  birth. 


f 


n 


«! 


if    h 


ii ,'! 


,  Hi! 


102 


THE   ALASKAN   SEAL   HERD 


I  00  not  think  the  fui:-seal  herds  of  the  Corcmander  and  Pribilof 
Arthur  N<nvman,p.2i0.  islands  ever  get  close  enough  to  each  other  in 
these  latitudes  to  mingle. 

I  am  satisfied  that  the  seal  herds  respectively  upon  the  Pribilof 

group,  the  Commander  Islands,  and  Eobben  Bank 

GM«fafeMc6aM»(,j). 204.  have  each  their  own  distinctive  feeding  grounds 

and  peculiar  rounds  of  migration.    No  doubt  they 

are  of  the  same  species,  but  there  is  a  marked  (litt'eience  in  the  fur  of 

the  skins  from  the  respective  places,  which  can  be  distinguished  by 

experts. 

I  hunt  about  Attn,  Agattu,  and  the  Semichi  islands.  Have  never 
hunted  or   killed  a  fur-seal.     Fur-seals  <lo  not 

£liah  Prokopieffp.  215.  regularly  frequent  these  regions,  and  I  have  seen 
none  but  a  few  scattering  ones  in  twenty  years. 
Thirty  years  ago,  when  the  Russians  controlled  these  islands,  I  used  to 
see  a  few  medium-sized  fur-seals,  one  or  two  at  a  time  in  the  summer, 
generally  in  June,  traveling  to  the  northwest,  and  bound,  I  thiidi,  lor 
the  Commander  Islands.  The  farthest  east  I  have  ever  observed  them 
was  about  30  miles  east  of  the  Semichi  Islands;  do  not  think  those 
going  to  the  Commander  Islands  ever  go  farther  east  than  that.  Those 
most  seen  in  former  times  were  generally  feeding  and  sleeping  about 
the  kelp  pjitches  between  Attn  and  Agattu  and  the  Semichi  islands, 
where  the  mackerel  abounds.  They  decreased  in  numbers  constantly, 
and  now  are  only  seen  on  very  rare  occasions.  Have  seen  but  half  a 
dozen  in  the  last  twenty  years;  they  were  large  seals,  bulls,  I  judged 
from  their  size,  traveling  to  the  northwest,  about  30  miles  east  of  the 
Semichi  Islands.    This  was  in  May,  1888. 

Have  never  seen  any  pups,  black  or  gray,  or  nursing  female  fur-seals 
in  this  region,  and  do  not  think  they  ever  visit  it.     *    *     * 

Do  not  know  where  the  old  bull  fur-seals  sjiend  the  winter,  nor  what 
route  the  fur-seal  herds  take  to  and  from  the  Commander  and  Pribilof 
islands,  nor  at  what  times  the  herds  pass  to  and  fro.  Am  quite  sure 
the  herds  do  not  come  near  enough  together  to  mingle  in  these  regions. 
Have  never  known  of  fur-seals  being  seen  between  Amchitka  and  a 
point  30  miles  east  of  the  Semichi  Islands. 

I  never  saw  but  one  fur-seal  in  the  water.    It  was  a  young  male, 

„   ,    .  „     „,„  which  was  killed  in  this  bay  in  September  of 

Filaret  Prokojiief,  p.  216.  ^^g^  ''  ^ 

C.  J.  Williams,  p.  537.       There  is  no  intermingling  of  the  herds. 

The  fur-seal  is  only  rarely  seen  about  this  region,  scattering  ones  be- 
ing seen  occasionally  du..ng  the  months  of  Sep- 

Pitd  Zaotchnoi,  p.  213.  teinbcr,  October,  and  November,  traveling  from 
the  northward  to  the  southward,  thnmgh  the 
passes  between  Atka  and  Amlia  islands.  Those  seen  are  always  gray 
pu])s,  and  usually  api)ear  after  a  blow  from  the  northeast.  The  most  I 
ever  saw  in  any  one  year  was  about  a  dozen,  but  never  more  than  two 
or  three  at  a  time.  1  have  met  them  in  the  passes  while  hunting  in  a 
bidarka.  I  have  never  known  them  to  rest  on  the  shores  or  on  patches 
of  floating  kelp  in  this  region.  I  have  never  seen  large  bulls  or  full- 
grown  fur-seals  in  this  regiou. 


CLASSIFICATION. 


103 


CLASSIFICATION. 


and  a 


Page  98  of  The  Case. 

Tlie seals  wliicli  malce  their  home  upon  the  Piibilof  Islands  are  readily 
thrown  into  five  general  grouijs.    (1)  The  breed- 
ing males  or  bulls.     (2)  The  breeding  females.    J.stanleii-lirown,i).\^. 
(3)  The  immature  males  (u-  bachelor  seals,     (4) 

Virgin  females;  and  (5)  The  pups.  Each  has  it  own  time  of  arriv\al, 
ea(!h  its  sei)arate  career  on  the  islands,  and  each  its  season  for  the 
annual  expedition  into  the  Paciiic  Ocean. 

I  have  dissected  the  brains,  eyes,  and  hearts,  and  have  examined  the 
lungs,  liver,  and  internal  visctera  generally   of 
such  seal  as  are  to  be  found  on  the  killing  grounds,    w.  S.  Hereford,  p.  35. 
Have  also  examined  some  of  the  stomachs  of  the 
imps  on  the  rookeries  in  the  fall. 

The  fur-seal  has  unusually  thin  bones  covering  the  brain.  The  bratn 
is  well  shaped,  the  same  almost  as  a  hunuin  brain,  quite  large,  a'.id  if 
one  could  judge  from  external  a])pearances  tlui  animal  possessing  such 
a  brain  should  be  unusually  intelligent.  The  eye  during  life  is  large, 
dark,  sym])atheti(',  and  intelligent  looking,  but,  alas  for  ai)pearances! 
On  lainl  they  nmy  be  occasionally  su!-;)ici(ms,  especially  should  their 
other  senses  l)e  helped  out  by  their  olfactories,  for  they  have  the  keenest 
scent,  but  in  the  water  they  disi)lay  the  greatest  curiosity  and  confi- 
dence in  passing  objects.  They  will  (tatch  up  and  follow  a  boat,  an<l  in 
fact  I  have  seen  them  ])lay  around  Ihe  "  killer-whale"  totally  oblivious 
of  the  fact  that  this  "  killer"  is  their  bitter  enemy.  I  have  at  the  same 
time  seen  the  sea-lion,  whitih  is  generally  considered  more  stui)id, 
though  braver,  rush  into  sliore  and  land  on  the  rocks  under  similar 
circumstances,  ai)parently  preparing  to  chance  death  from  the  natives 
to  being  snapped  in  two  and  nnule  a  meal  of  iu  two  mouthfuls  by  the 
"killers." 

I  am  of  the  impression  that  the  fur-seal,  notwithstanding  its  mag- 
niticent-looking  eye,  has  rather  a  short  range  of  vision;  it  uuiy  be  more 
powerful  under  water  than  out.    *     *     * 

Of  the  lungs,  liver,  heart,  and  teslich's  of  the  male  fur-seal,  which  I 
have  observed,  there  is  nothing  ])eculiar  about  them. .  The  penis  is 
characteristic  of  the  class  to  which  the  fur-seal  belongs.  The  brain, 
heart,  liver,  and  kidneys  make  very  good  eating,  and  taste  ab(mt  the 
siune  as  tlioseof  other  animals.  Tlie  meat,  however,  which  mustbeen- 
tirely  freed  front  all  its  blnbheror  fat.  though  (piite  nulritious  ami  j)alata- 
ble,  is  sonuMvhat  soft,  of  a  dark  color,  and  reminds  one,  according  to  how 
it  is  cooked,  of  wild  duck,  venison,  etc.,  only  it  nuist  never  be  eaten 
rare,  but  always  well  done.  On  our  table  it  generally  went  by  the 
nanu'  of  8t.  Paul  or  St.  (!ei>ige  mutton,  respectively,  and  had  its  regu- 
lar place  in  oui-  bill  of  fare,  beiuii  far  more  preferable  to  "salt  horse  " 
and  canned  stufL's. 


104 


THE    PUPS. 


Bi    ' 


I 


H.  n.  Mclntijie,  p,  58. 


The  average  weig^bt  and  length  of  the  different 
sizes  aud  ayes  may  be  goiierally  stated  about  as 
follows : 


Length. 

Weight. 

Inches. 
13 
38 
46 
54 
54 
60 
56 
66 
75 
78 

Pound*. 
7 

39 

At-  \'*'arM  t»I(l .........>.... 

60 

At  11  voai'rt  oUl    TTiiilf) ...               ....... 

90 

60 

150 

At  ■(  vt'jirw  iilil,  fuiiiitlo,  full  i^ruwu ■ 

80 

225 

350 

At  lull  adult  iiyo,  Uiulo 

450 

The  nomenclature  and  technical  terms  of  seal  hunters  have  changed 

somewhat  [within  the  past  eighteen  years].     We 

C.  M.  Scammotifp.  474.  hear  of  "cows"  instead  of  "clap  inittches,""bnlls" 

instead  of  "  wigs," and  "  bachelors"  or  "Iioluscliuc- 
kie"  instead  of  "yearlings." 


THE  PUPS. 


BIRTH. 


m 


1 


Page  98  of  The  Cuie. 

The  pups  are  born  on  the  rookeries,  and  remain  with  their  mothers, 
living  wliollv  upon  their. mother's  milk  until  they 
Tlilham  Lrennai,,p.  3u9.  j,^,,  ^^o  into  the  sea  and  care  for  themselves. 

•     '  •  #  *  •  •  # 

They  are  called  "black"  and  "gray"  pups;  black  before  they  shed 
their  tirst  (;oat  and  gray  afterwards.  As  they  grow  older  the  gray  turns 
darker,  except  uimn  the  neck  and  head;  but  the  color  of  the  hair  does 
uot  affect  the  fur,  which  can  be  seen  by  parting  it.  The  thickness  aud 
length  of  the. fur  determines  the  value  of  the  skin. 

J.  Stanley  Bivwii,  p.  13.       The  birth  of  thepups  is  nearly  synclu'onous  with 

the  arrival  of  the  mothers. 


» 


The  young  on  being  born  have  all  the  appearance  of  pups  of  a  New- 

f(mndland  dog  with  Hippers.     On  emt-rging  from 

J.  Stanley  Brown,  p.  15.  their  warm  resting  place  into  the  chill  air  they 

utter  a  plaintive  bleat  not  unlike  tliat  of  a  young 
lamb.  The  mother  fondles  them  with.mauy  demonstrations  of  alfectiou, 
aud  they  begin  nursing  soon  after  birth. 

The  pup  seal  is  born  on  the  rocky  shores  of  these  islands,  the  mother 

evidently  preferring  a  spot  covered  with  broken 

Chaa.  Bryant,  p.  4.         lava  rocks  to  the  sand  beaches.    The  birth  takes 

place  within  two  or  three  days  after  the  female 

lands,  and  often  within  a  few  hours.     When  born  the  pup  weighs  from 

4  to  5  pounds,  aud  sx)euds  the  tirst  six  weeks  of  its  existence  on  land. 


Pounds. 

7 

39 

CO 

90 

60 

150 

KO 

225 

350 

450 


BIRTH.  105 

The  pup  when  born  weiglis  about  4  or  5  pounds,  and  is  covered  with 
shiny  bhick  hair,  beneatii  which  there  is  no  fur. 
When  four  or  five  months  oUl  this  bla<'k  hair  is    Geo.  Comer,  p.  59S  {Ani 
shed,  and  new  hair  of  a  brownish-gray  color  comes  arctic). 
out,  and  tlie  fur  appears  beiieatli  it. 

A  young  seal  or  "  pup'''  '«'hen  first  born  weighs  from  G  to  8  pounds, 
is  almost  bhick  in  color,  and  is  covered  witii  a  short 
hair,  whicii  changes  to  silver-gray  hair  wlieii  tlie    Saml.  Falconer,]).  164. 
pu])  learns  to  swim. 

The  i)lace  of  birtlj  is  on  the  breeding  grounds,  which  takes  place  soon 
after  the  female  lauds,  generally  witliin  two  days. 

The  pups  are  born  soon  after  the  cows  arrive,  and  remain  until  Octo- 
ber and  November,  and  when  tliey  return,  tiie  fol- 
lowing season,  do  notstay  on  land  much  of  tlie  time.      •  ^'  ^<'"''«'> i^'  2o. 

I  do  not  know  whether  the  mother  vseal  has  the  power  of  voluntarily 
restraining  aiul  postponing  the  involuntary  act  of 
labor  or  not,  but  it  would  almost  seem  as  if  she     jr.  S.  Hereford,}).  35. 
ha«l,  as  on  many  occasions  she  will  have  but  just 
dragged  herself  ashore  when  she  will  give  birth  to  her  young.    This 
may  be  a  coincidence  oidy,  but  when  not  disturbed  they  usually  come 
ashore  with  plenty  of  time  to  make  themselves  comfortable. 

The  pups  are  born  soon  after  the  cows  reach  the   ^^icoii  Knikoff,  p.  133. 
rookeries. 

The  young  seals,  called  "  pups,"  are  born  in  June  and  July  upon  the 
grounds  on  these  islan<ls  known   as  "  breeding 
rookeries."    They  are  at  biitli  very  clumsy  and    n.  II.  Mclntyre, p.  U. 
helpless,  possessing  little  ability  to  move  about  on 
land. 

Within  a  few  days  after  lauding  (it  may  be  but  a  few  hours  or  even 
minutes,  as  I  have  seen)  the  female  gives  birth  to 
her  young,  but  one  being  bnmght  forth  each  year.  h.  n\  Mclntyre,  p.  136. 
The  reported  oc<'asioiuxl  birth  of  twins  is  not  veri- 
iied.  These  little  ones,  "pups,"  as  they  are  called,  are  comparatively 
helpless,  ])articuliuiy  awkward  in  movement,  and,  unlike  the  hair  seal, 
are  unable  to  swim. 

And  the  pups  are  born  soon  after  the  cows  land  on  the  rookeries. 
When  the  pu])  is  born  it  is  utterly  helpless  and 

W(mld  drown  if  put  into  water.   Those  born  nearest   Jnton  Melovcdoff,  p.  ill. 
the  water  are  often  drowned  in  the  surf  when  the 
the  sea  is  rough  in  stormy  weather. 

The  pup  seals  are  born  on  tlu'  breeding  rookeries  on  St.  Paul  and  St. 
George  islands  during  the  mouths  of  June  and 


m 


July. 


T.  F.  Morgan,  p.  Gl. 


For  the  first  six  or  eight  weeks  of  its  life  a  pup  is  a  land  animal, 
having  a  coarse  hair,  but  no  fur.    This  coarse 
hair  is  shed  before  the  fur  ap])eai'S.  j,  n.  Moulton,  p.  79 


! 


si!!?!  V '  J' 


106 


THE   PUPS. 


As  a  rule  the  pups  are  born  soon  after  the  cows  reach  the  shore, 
though   it  oci'asionally  happens  that  a  cow  will 

L.  A.  Noycn,  p.  81,  be  two  or  thi'ee  days  on  the  rookery  before  bring- 
ing; forth  lier  young. 

I  think  the  pups  are  all  born  by  July  22. 

And  I  believe  they  bring  forth  their  young  al- 
J.  C.  Itedpaih,p.  148.     most  immediately  after  reaching  their  places  on 
the  rookeries. 

Tliomas  F.  liyan,  p.ili.  The  COW  gives  birth  to  her  pup  soon  after  ar- 
riving on  the  breeding  rookeries. 

Daniel  Webster,  p.  180.  The  young  seals  are  born  on  the  breeding  rook- 
eries in  June  and  July. 

INABILITY   TO  SWIM. 

P.ngo  99  of  Tho  Case. 

The  pups  are  born  between  the  middle  of  June  and  the  middle  of 

July,  and  can  not  swim  until  they  are  6  or  7  weeks 

K.  Artomanoff,  p.  100.    old;  and  if  born  in  the  water  they  wotdd  die.    I 

have  seen  the  surf  wash  some  of  the  young  pups, 

into  the  sea,  and  they  drowned  in  a  very  short  time. 

When  the  pups  are  born  they  can  not  swim  and  the  mothers  take 

thcni  to  the  water's  edge,  where  one  can  seethou- 

WilUam  Brennan,p.'S,'>9.  sands  ])addling  and  struggling  in  the  surf.    The 

noise  made  by  the  mothers  crying  for  their  pups, 
and  the  bleating  of  the  pups  in  answer,  make  a  constaiit  roar. 

The  i)up  during  the  first  months  of  its  life  is  not  amphibious.    It 


J.  Stanley  Brown,  p.  10. 


does  not  even  use  its  Hippers  as  the  maturcr 

seals.     *     *    * 

The  pups  are  afraid  of  the  water;  they  have  to  learn  to  swim  by  re- 
]>eated  ettbrt,  and  even  when  able  to  maintain  themselves  in  the  quiet 
waters  will  rush  in  frantic  and  ludicrous  haste  away  from  an  ai)proach- 
ing  wave.  I  have  taken  pups  two  or  three  weeks  old  and  carried  them 
out  into  still  water,  and  they  awkwardly  but  in  terror  rapidly  floun- 
dered toward  the  shore,  although  they  (xmld  have  escaped  nu;  by  going 
in  the  other  direction.  In  three  trials,  ])addling  in  all  about  (iO  feet, 
the  pups  becanui  so  exhausted  that  they  wcm'd  liave  been  drowned  had 
1  not  rescued  them.  If  the  pui)s  when  collected  in  groujys  or  pods  near 
the  shore  were  to  be  overtaken  by  even  amoderat*;  surf  they  would  be 
drowned,  and  such  {KU'idents  t(>  them  do  occur  on  the  island  before  they 
have  entirely  nuistered  the  art  of  swimming. 

The  pups  are  born  on  the  rookeries  and  are  unable  to  swim  till  six  or 
eight  weeks  of  age.    If  one  gets  washed  off' the 

5d"'\Aniarliio.)        ^''  i''»<''^^  hoi'*n(i  that  time    it   is  drowned.    A  pup 

born  in  the  water  or  on  the  kelp  would  certainly 

perish. 


S.N.Buynit8ly,p.2l. 


A  pup  is  at  loast  a  nionth  old  before  it  learns 
to  swim.  Eeiore  that  it  not  only  can  not  swim, 
but  IB  afraid  of  the  water. 


INABILITY    TO    SWIM. 


107 


The  young  seals  at  birth  are  very  helpless.    They  can  not  swim  and 
seem  to  have  no  desire  to  learn.    When  tliey  are 
six  or  seven  weeks  old,  if  the  beach  on  which  they    nan-y  N.  Clark,  p.  160, 
lie  slopes  down  very  gradnally  to  the  water  and 
the  waves  roll  in  on  it,  they  will  voluntarily  coinnieuce  to  paddle  about 
and  finally  get  afloat  without  particular  urging  fVoin  the  older  seals, 
but  if  the  rocks  are  abrnpt  at  the  water's  edge  the  old  ones  mush  push 
them  over  into  the  sea  or  seize  them  by  the  neck,  as  a  mother  cat 
handles  her  kitten,  and  drop  them  into  tlie  water  before  they  will  learn 
to  swim.    In  such  cases  the  "  pups  "  often  struggle  to  get  biick  upon 
land. 

A  pup  does  not  go  into  the  water  until  he  is  three  or  four  months 
old,  and   then  he  works  in   gradnally  from  the 
puddles  into  the  sui'f,  and   1  liavo  seen  "clap    Geo.  Comer, p.  598  (AnU 
matches'Mn  stormy  weatlier  pickup  their  pups  ^fc^ic.) 
in  their  mouths  and  carry  them  out  of  reach  of  the 
waves. 


A  pup  when  first  born  can  not  sustain  itself  in 
the  water  and  would  unquestionably  perish. 


W.  H.  Ball,  p.  23. 


Once,  in  the  month  of  June,  I  caught  a  seal  that  had  a  pup  in  it.    I 
carefully  cut  the  pu]>  out  of  its  mother  and  placed  it  in  the  water  and  it 
drowned.    I  have  often  cut  pups  out  of  the  mother 
seal  and  tried  to  rear  them,  but  in  two  or  three   FAldbush,  p.  385. 
days  it  would  sicken  and  die. 

When  first  born  a  pup  can  not  swim,  and  does  not  learn  so  to  do 
until  it  is  six  or  eight  weeks  of  age.     It  is  tliere- 
fore  utterly  impossible  for  a  pup  to  be  born  in  the    Samh  Falconer,  p.  164. 
water  and  live.     I  have  noticed  that  wiien  a  pup 

of  this  age  is  put  in  the  water  it  seemed  to  have  no  idea  of  the  use  of 
its  flippers,  and  was  very  much  terri lied.  A  pup  is  certainly  for  the 
first  six  or  eight  weeks  of  its  life  a  land  animal,  and  is  in  no  sense 
amphibious. 

The  pups  are  born  soon  after  the  arrival  of  the  cows,  and  they  are 
helpless  and  can  not  swim,  and  they  Avould  drown  if  put  into  water. 
The  pups  do  not  learn  to  swim  until  they  are  six 
or  eight  weeks  old,  and  after  learning  they  seem    jno.  Fratia,  p.  108. 
to  prefer  to  be  on  the  land. 

A  pup  seal  until  it  is  six  weeks  or  two  months  old  never  goes  into 
the  water,  being  evidently  afraid  to  do  so,  and  it 
is  only  after  this  age  that  it  begins  by  degrees  to    e.  A.  Glidden,  p.  110. 
become  acquainted  with  the  sea.    I  am  of  the 
opinion  if  a  pup  got  into  the  water  that  it  would  be  drowned  and  there- 
fore would  perish  if  born  in  the  water.     For  the  first  six  or  eight  weeks 
of  its  life  a  pup  is  a  laud  animal  and  in  no  way  amphibious. 


A  new-born  pup  seal  is  unable  to  swim,  and  is  afraid  of  the  water. 
I  have  seen  a  cow  seal  push  her  pup  from  a  uu'k 
into  the  water,  where  it  tloundei'ed  about  in  a    Louia  Kimmel,  p.  IH. 
helple&s  manner  until  the  mother  would  go  in, 


nr 


108 


THE   PUPS. 


&& 


If 


r: 


I'lji 


take  it  in  her  month  as  a  cat  carries  kittens,  and  bring  it  again  ashore, 
only  to  ajjaiii  pusli  it  oti'  the  rock  into  tlie  water.  My  observation  lias 
been  that  a  pup  is  generally  about  two  months  old  before  it  can  swim. 

The  pups  are  helpless  when  born,  and  they  can  not  swim;  and  they 
would  drown  if  put  into  water,  and  I  have  seen 

Nicoll  Krukoff,  p.  133.  them  drown  when  swept  off  by  the  surf  in  bad 
weather. 

The  pnps  when  first  born  can  not  swim,  and  will  drown  if  they  are 

put  into  water. 
Aggei  Kunhen,  p.  129.         I  have  seen  many  pups  drowned  when  washed 
ott'  the  edge  of  the  rookery  by  the  surf.    They  do 
not  go  into  the  water  until  they  are  six  or  eiglit  weeks  old,  and  then 
they  will  k<;ep  in  siiallow  water  and  close  to  the  shore  for  several  days 
more. 
They  seem  to  like  to  stay  on  land  until  late  in  the  season. 

And  if  born  in  the  water,  or  swept  from  the  shore  soon  after  the 
birth,  as  I  have  several  times  witnessed,  by  the 
n.  II.  Mclntip-e,  pAl.    Outgoing  surf  of  heavy  seas,  perish  from  inability 
to  swim.     At  this  time  they  are  simi)ly  land  ani- 
mals, with  less  aquatic  instinct  and  less  ability  to  sustain  themselves 
in  water  than  newly-hatched  ducklings. 

The  pups,  when  born,  can  not  swim  or  help  themselves  in  anv  way, 
and  they  are  entirely  dependent  on  the  cows  for 

Simeon  Melovidov,  p.  UQ.  Sustenance.    They  are  0  or  8  weeks  old  before 

they  can  swim,  and  were  they  put  into  the  water 

when  born  they  would  perish,  for  they  are  not  then  amphibious. 

When  first  born  a  pup  can  only  live  upon  land,  is  not  amphibious, 
and  is  unable  to  swim.     If  it  is  washed  off  into 

T.  F.  Morgan,  p.  61.  the  sea  by  the  surf  it  is  drowned,  as  I  have  often 
seen. 

A  pup  is  also  unable  to  swim,  and  I  have  seen  pups  thrown  in  the 
water  when   their  heads  would  immediately  go 

J.  E.  MouUon,  p.  72.  under  and  they  would  inevitably  drown  if  not 
rescued. 

The  pup  when  born  is  as  helpless  as  a  newborn  lamb,  and  as  incapa- 
ble of  living  upon  the  water.    It  is  not  until  six 
S.  l{.  NetiUion,  p.  75.     or  eight  weeks  old  that  the  pup  of  the  fur-seal  can 
swim.    If,  as  is  often  the  case,  a  pup  should  be 
swcj^t  from  the  rookery  into  the  surf  before  it  had  learned  to  swim,  it 
would  be  drowned.    Everj'  season  j'oung  pups  in  more  or  less  numbers 
are  thus  drowned. 

When  tlic  pup  is  born  it  is  utterly  helpless  and  dependent;  it  is  not 

amphibious,  and  would  drown  if  put  into  water. 

L.  A.  Xoycs,  p. 82.         J  have  often  watched  the  pups  near  the  water's 

edge  when  in  stormy  weather  the  surf  carried 

them  off,  and  in  every  instance  they  drowned  as  soon  as  they  went  into 

deep  water. 


INABILITY    TO    SWIM.  109 

They  are  not  amidiibious  when  born,  nor  can  they  swim  for  several 
weeks  thereafter,  iintl  were  they  put  into  the  water 
woiihl  perish  beyond  a  doubt,  as  has  been  well  es-    J-  C.  licd^)iith,p.U8. 
tablished  by  the  drowning  of  pups  cauyht  by  the 
surf  in  stormy  weather. 

A  pup  does  not  swim  when  first  born,  and  is 
generally  two  mouths  old  before  it  goes  into  the    T.  F.  Ryan,  p.  175. 
water. 

The  pups  are  not  able  to  go  with  their  mothers  and  drown,  if 
by  mischance,  they  are  thrown  into  the  sea  be- 
fore they  Jire  three  or  four  weeks  old.    They  stay    c.  M.  Smmmon,  2>.475. 
with  the  bulls  on  the  breeding  grounds  until  about 
six  or  seveu  week  old  before  learning  to  swim. 

From  my  observations  I  am  convinced  a  pup  must  be  six  or  eight 
weeks  old  before  it  can  swim,  and  that  a  female 
generally  teachesherownpuptheuseofhistlippers.    w.  B.  Taylor, p.  176. 
Birth  in  the  water  would  mean  immediate  death 
to  the  pup,  both  because  of  the  ftict  last  stated  and  from  the  further 
fact  that  for  a  day  or  two  after  birth  a  pup  is  entirely  helpless.     In  my 
judgment,  then,  a  seal  pup  for  the  llrst  few  weeks  of  its  life  is  a  land 
quadrn])cd  and  in  no  sense  an  amphibian.    I  believe  that  a  vseal  is 
naturally  a  land  animal,  as  all  copulation,  birth,  and  nursing  takes 
place  on  shore,  and  the  only  reason  I  think  the  seals  seek  the  water  is 
because  they  are  compelled  so  to  do  in  order  to  obtain  food.    This  is 
verified  from  the  fact  that  the  scials  remain  on  laud  as  long  as  ])()ssil)le 
until  the  need  of  food  and  severity  of  the  weather  compel  them  to  take 
to  the  sea. 

The  head  constitutes  ihe  greater  part  of  this  animal  at  this  time 
[birth],  and  they  aie  clumsy  and  awkward  in  all 
their  movements,  and  if  swept  into  the  water  by    Dan'l.  Webster,  p.  180. 
accident  or  otherwise  would  ])erish  from  inability 
to  swim — a  fact  tliat  1  have  often  observed,  and  one  which  is  well 
k  nown  to  all  who  have  paid  any  attention  to  the  subject.     Practically 
they  remain  iu  this  helpless  condition,  though  taking  on  fat  rapidly, 
until  they  are  from  G  to  7  weeks  old,  when  they  commence  to  go  into 
the  shallow  water,  and,  after  rei)eated  trials,  learn  to  swim;  but  even 
then  they  si)end  most  of  theiitime  on  land  until  they  leave  the  islands 
late  in  November.     During  the  first  few  weeks  after  their  birth  they 
are  not  amphibious,  and  land  is  a  necessity  to  their  existence. 

A  young  seal  does  not  take  to  the  water  naturally.    He  has  to  be 
taught  to  swim.    The  hair-seal  will  pup  anywhere 
and  the  i>.ii)s  will  go  right  into  the  water,  but  the    t.  T.  WiUiawn,  quoting 
fur-seals  are  forced  to  go  ashore  to  bring  i'ovth  Capt.  OIhsh,  p.  bOo. 
their  young  and  forced  to  leave  their  young  on 
laud,  while  they  go  into  the  water  to  feed  aud  bathe. 


H: 


ii 


i^^l- 


110  THE    PUPS. 

AQUATIC  BIRTH  IMPOSSIBLE. 

[See  also  "Birth  on  Kelp  Beds  Impossible."] 

Page  102  of  The  Case, 

Never  liearU  of  a  seal  pup  being  born  in  the  water  nor  on  the 
lond,  but  have  heard  they  are  born  on  some 

Akatos,  p.  237.  islands  in  Bering  Sea.    In  the  winter  a  few  i)up8 

are  driven  into  tlie  bay  by  the  storms. 

I  have  never  seen  a  fur-seal  pup  of  tlie  same  season's  birth  in  the 

water  at  sea ;  neither  have  I  any  knowledge  of  any 

Andrew  Anderson,  p.  211.  being  bom  elsewhere  than  on  a  regular  rookery. 

.    Have  never  known  any  seal  pups  to  be  born  in  the  water  nor  any- 
where else   in  Alaska  outside  of  the  Pribilof 
Peter  Anderson,  p.  313.    Islands. 

We  have  never  seen  fur-seal  pups  about  this  part  of  the  coast,  and 
have  no  knowledge  of  any  being  born  elsewhere 

NivoUApoekchceetalfP.  than  on  the  rookeries  of  the  seal  islands  in  Bering 
Sea. 


224 


Never  have  known  fur-seal  pups  to  be  born  in  the  water,  nor  have  I 
ever  heard  of  pups  being  born  in  the  water  or 
Atenas-Eoa,  p.  237.        any wliere  else  on  Alaska. 


Chaa.  Avery,  p.  218. 


I  do  not  think  that  seals  can  be  born  in  the 
water  and  live. 


Have  never  known  of  pups  being  born  in  the 
Adam  Ayonkee.  p.  255.    water  or  anywhere  else  on  the  coast  outside  of  the 
Pribilof  Islands. 

Q.  Have  you  ever  seen  any  seals  born  in  the  water,  and  is  it  your 
opinion  that  it  is  possible  for  them  to  be  born  in 

Geo.  Ball,  p.  4»^.  ^,,^  water?— A.  No,  sir;  they  are  not  like  sea- 

otter,  they  being  born  in  the  water.  A  seal  is  just  as  helpless  in  the 
water,  until  they  are  about  six  weeks  or  two  months  old,  as  a  child. 


Wm.  Bendt,  p.  405. 


And,  fuither,  I  do  not  believe  it  possible  for  the 
female  to  give  birth  to  its  young  in  the  water  and 
have  it  live. 


Wilton  C.  Bennett, p.356.  I  have  never  known  any  seal  pups  to  be  born 
in  the  water  or  on  the  coast  anywhere,  except  on 
the  Pribilof  Islands. 

Edward  Benson,  p.  277.  I  have  never  known  any  pups  to  born  jn  the 
water  or  on  the  land. 

Never  have  heard  of  or  seen  any  pups  being  born  in  the  water  or  any- 
where else  on  the  coast  outside  of  the  Pribilof 
Martin  Benson,  p.  405.    Islands. 


Mmry  Brown,  p.  318. 


I  have  never  known  a  black  pup  to  be  captured 
on  the  coast. 


AQUATIC    BIRTH    IMPOSSIBLE. 


Ill 


Were  not  the  senls  in  their  orj>iins  of  reproduction,  as  well  as  in  JiU 
the  incidents  of  i)rocreiifion,  essentially  land  ani- 
mals, the  fact  that  tlie  i)lacenta  remains  attaclicd  '•  '**'«"''■'  '*'•»«"'.  i'- 15- 
to  the  jmp  by  tlic  nnibilical  cord  for  twenty-four  hours  or  oven  more 
after  birtli,  w<Hild  show  tiie  iiiipossibility  ot  a(iuati('  birtli.  I  have  seen 
pups  dra}rj>ing  the  caul  over  tiu>  yroiirid  on  tiie  third  day  after  birth. 
Evenc<mld  the  ]H!p  stand  tiie  biilVetinj;'  of  tlie  waves  it  would  not  sur- 
vive such  an  anclior.  No  puj)  could  be  born  in  the  water  and  live. 
Doubtless  the  habits  of  the  sea-otter  have  become  confused  with  those 
of  the  fur-seal. 

Cow  seals  can  not  {jive  birth  to  their  youngs  in  the  water  or  on  the 
kelp  and  have  them  live.  1  hav(^  never  seen  nor 
known  of  any  Dups  aloiif;-  the  coast  tliat  were  born  '  ^'^  ^'■""'"'  ^-  **'*'■ 
in  the  same  year,  ami  I  iiave  never  known  any  cow  seals  to  be  caujiht 
along  the  coast  that  had  j^iven  Itirth  to  their  youn<i',  and  in  whose  breast 
there  was  milk,  and  it  is  very  seldom  that  we  catch  a  full  grown  cow 
that  does  not  have  a  pup  in  her. 

During  this  period  the  pup  is  in  no  sense  an  amphibian,  being  as 
helpless  in  the  water  as  a  young  chicken;  it  <'an 
not  swim,  and  when  thrown  in  the  water  would    chaa.  Brtjant,p.  5. 
inevitably  drown  if  not  rescued  by  its  motlicr  or 
by  man.    Therefore,  :f  a  pup  was  born  in  the  water  it  would  certainly 
perish.    I  have  seen  cases  wliere  a  mother,  being  taken  by  the  ])ainsof 
parturition,  sought  the  nearest  beach  ratlierthan  a  rookery,not  having 
time  to  reacii  the  latter  before  tlie  birth  other  pup.     If  pujt  >  could  be 
born  in  the  water  such  cases  as  the  last  stated  would  not  occur. 

If  a  pup  should  be  born  in  the  water  it  would  uuquestiomibly  be 
drowned;  but  I  believe  that  it  is  an  absolute  im- 
possibility for  successful  birth  to  take  place  in  the    s.  N.  Buynitbky,  p.  21. 
water,  for  the  reason  that  the  mother  would  die  of 
exhaustion  belore  or  while  bringing  forth  her  young. 

Once  I  killed  a  cow  in  milk,  the  only  one  of  the    Landis  CaUapa,p.  379. 
kind  I  have  ever  known  being  caught  on  the 

coast. 

Have  never  known  any  seal  pup  born  in  the    chas.  Campbell, p. 'I^:.. 
water,  nor  on  the  coast  anywhere  outside  of  the 
Pribilof  Islands. 


jn  the 


We  have  never  seen  fur-seal  pups  of  the  same  season's  birth  in  the 
water  at  sea,  and  do  not  believe  it  ])ossible  for  ,/-,•,,»■ 

for  them  to  be  successfully  reared  except  on  a  '2I9  '     '''  " 

rookery. 

Have  never  known  or  heard  of  pup  seals  being  S.  Chinl-oo-tin,p.  257. 
born  in  the  water,  nor  on  the  laud  anywhere  iu 
Alaska. 

I  never  knew  of  fur-seal  i)ups  being  born  anywhere  except  on  a  rook- 
ery, and  do  not  believe  they  cau  be  successfully  ^^^i„^cfcri8«a,«e»,j,.  219. 
raised  under  other  conditions. 


112 


THE    PUPS. 


Peter  Church,  p.  257. 


Never  have  known   any  pups  to  be  born  in 
the  water. 


Have  never  known  or  heard  of  any  fnr-seal  pups  being  born  in  the 
Wm.  Clark  p  293  water  or  on  tiie  land  in  any  part  of  Ala^ska  or 

'      '         British  Columbia. 

Q.  Have  you  over  seen  any  seals  born  in  the  water,  and  is  it  your  opin- 
ion that  it  isix)  sible  for  them  to  be  born  in  the 

Danl.  ClauHten,  p.  il2.  water"? — A.  No,  sir;  they  would  drown  if  born  iu 
the  water. 


Never  have  known  or  heard  of  pups  beinff  born 
Jno.  C.  Clement,  p.  258.  in  the  water  or  elsewhere  outside  the  Pribilof  Is- 
lands. 

A  pup  born  in  the  water  or  on  a  bed  of  kelp  would  certainly  be 


Geo.  Comer, 2>.5[)0  {Ant- 
arctic). 


drowned,  and  during  all  my  experience  1  never 
saw  a  black  jmp  seal  on  kelj)  or  in  the  water. 


From  my  knowledge  of  natural  history  and  from  my  observations  of 

seal  life  I  am  of  the  opinion  that  it  would  be  im- 

W.  B.  Dall,  p.  23.  possible  for  the  young  seals  to  be  brought  forth 

and  kept  alive  in  the  water.     When  it  is  the  habit 

of  an  animal  to  give  birth  to  its  young  upon  the  land  it  is  contrary  to 

biologic  tearhing  and  common  sense  to  suppose  they  could  successfully 

bring  them  foith  iu  the  water. 


Jcjtf.Daria,p.38L 


Eooidah  Dkk,  p.  258. 


I  never  saw  a  black  pup  on  the  coast,  and  this 
year  1  have  seen  but  very  few  yearlings. 

I  have  never  known  of  a  pup  seal  being  born  in 
the  water  or  on  the  land  iinywhere  iu  Alaska  out- 
side of  the  Pribilof  Islands. 


Have  never  known  any  pups  to  be  born  in  the  water,  nor  on  the  land 

,,      ,,.  .    ..      QOQ        ou  tlie  coast  of  Alaska  any  wiiere  outside  of  the 
Geo.  Dishow,  p.  6i6.        t»    i  -i    i- i  i       i 
Pribilot  Islands. 

I  have  never  known  of  any  fur-se.al  pups  being  born  in  the  water  or 

on  the  land  in   British  CoUimbia  or  Alaska,  but 

(Vm.  Duncan,  p.  279.       have  heard  they  are  born  on  the  Pribilof  Islands. 

The  Indians  have  always  leported  to  me  when 

they  returned  from  hunting  that  the  seal  had  all  goue  north  to  have 

their  young. 


Echon,p.  280. 


Chief  Frank,  p.  280. 


Have  never  known  any  pup  seal  to  be  born  in 
the  water  or  anywhere  else  in  this  part  of  Alaska. 

I  have  never  heard  of  seal  pups  being  born  in 
the  water. 


Q.  Have  you  ever  seen  any  seals  born  in  the  water? — A.  No,  sir. 
Luther  T.  Franklin,  p.      Q-  Iu  your  opinion,  is  it  possible  for  them  to  be 
425.  born  in  the  water t — A.  No,  sir;  it  is  not  possible. 


AQUATIC   BIRTH   IMPOSSIBLE. 


113 


Q.  Have  yoa  over  seen  any  seals  born  in  the  water,  and  is  it  your 
opinion  tliat  it  Ih  possible  for  them  to  be  born  in  ,  „r   ,. 

tiie  wat«'r?— A.  I  do  not  thiulc  it  is  possible  for  .i;.4        '         '"""*■"' ^• 
them  to  be  born  in  water;  no,  sir. 

Nor  have  I  over  lieard  of  any  pup  seal  ')eing  born  in  the  water  or 
anywh(!re  else  in  Alaska,  and  had  they  ever  l)een 
born  in  the  water  or  on  the  islands  or  rocks  of     NiooH  Gadou)en,i).2o0, 
Alaska  some  of  my  tribe  would  have  known  it  and 
it  ^''ould  have  been  reported  to  me. 

Have  never  known  or  heard  of  pups  beinjf  born  in  the  water  or  any- 
where else  on  the  eoast  outside  of  the  Pribilof  Is- 


lands. 


Otiad.  Ucorye,  p.  30G. 


I  have  never  known  of  pups  being  born  in  the     Chaa.  Gibson,  p.  281. 
water  or  on  the  land  anywhere  around  Alaska. 

I  have  never  heard  of  nor  known  of  seals  being      Thos.  Gibson,p.  132. 
born  in  the  water. 

Never  have  heard  of  any  pup  seals  being  born      Gonastut,p.2^. 
in  the  water. 

Have  never  known  any  i)ups  to  be  born  in  the     «/««•  Gondowen, p.2b0. 
water  or  on  the  land  around  the  coast  of  Alaska. 

I  have  never  seen  a  mother  seal  or  a  black  i)up     Kaaaian  Gorloi,  p.  213. 
in  this  region. 

Have  never  heard  of  pups  being  born  in  the      Jaa.  Griffin,  pA33. 
water  or  anywhere  else  on  the  coast  outside  of 
the  Tribilof  Islands. 


Q.  In  your  opinion,  are  any  of  the  pup?  born  in  the  water,  or  any- 
where outside  of  the  seal  islands? — A.  It   has 
never  come  under  my  observation.    I  have  never    (jhaa.G.nagman,  p.  435, 
seen  a  seal  on  shore.    I  have  never  seen  tlie  seal 
islands  yet;  that  is,  St.  George  and  St.  Paul,  I  have  neve '  seen.    I 
have  seen  the  Copper  Islands,  on  the  itussian  side. 

Have  never  known  any  pups  to  be  born  in  the     Henry  Haldane, p.  281. 
water  or  on  the  land  anywhere  in  Alaska. 

Have  never  known  of  any  pups  to  be  born  in     Martin  Hannon,  p.  445. 
the  water  or  on  the  land  outside  of  the  Pril)ilof 
Islands. 

Q.  In  your  opinion,  are  any  of  the  pups  born  in  the  water  or  any- 


where else  outside  of  the  sea  islands? — A.  No, 
sir;  I  don't  think  it. 


H.  Harmaen,  p.  442. 


Nor  have  I 
land  in  any  pi 
Islands  in  13ei 

ever  heard  of 
irt  of  Alaska, 
•ing  Sea. 

pups 
except 

being  born  in 
on  the  Pribilof 

the  water,  or  on 

Sam  Hayikahtla,  p 

the 

239. 

8  B  s 

w 

114 


THE   PUPS. 


i|: 


in' 


And  I  have  no  reason  to  believe  that  the  pups  are  born  in  the  water 
or  that  tliey  cjin  be  saved  in  the  water  if  acci- 
dentally born  there. 


M.A.nealcij,p.29. 


Q.  Have  you  ever  seen  any  seals  born  in  the  wntor,  and  is  it  yonr 
opinion  that  it  is  possible  for  tiieni  to  be  born  in 

Wm.  iTenson, pA8L  the  water? — A.  I  tliink  it  impossible  for  seals  to 
be  born  in  the  water. 

Q.  Have  you  ever  seen  any  seals  born  in  the  water,  and  is  it  yonr 

opinion  that  it  is  possible  for  them  to  be  boni  in 

Andrew  J.  Hoffman,  p. ^:\^f^  ,.ater?— A.  No,  sir;  I  have  never  seen  any 

born  in  the  water,  and  I  think  it  is  impossible 

for  them  to  be  born  in  the  water. 


E.  Ho fstad,  p.  260. 
0.  Holm,  p.  368. 


Have  never  known  a  pup  to  be  born  in  the  water 
or  anywhere  else  on  the  coast  of  Alaska. 

I  have  never  known  any  seal  ])upstobeborn  on 
the  water,  or  on  the  'mh.  juiywhere,  except  on  the 
Pribilof  Islands. 


Guatarersaacaon,  p.  iiO.  Q.  In  yonr  opinion,  are  any  of  the  pnps  born 
in  the  water? — A.  I  don't  tliink  so. 

Q.  Or  anywhere  else  except  on  the  seal  islands? — A.  I  don't  think 
so. 

Q.  Have  you  ever  seen  ;iny  seal  pnps  in  the  Pacific  that  were  yonniicr 
than  those  born  the  year  i»revions? — A.  Down  at  (ruadiilotip  Ishiiid 
abont  three  months  aj^o,  I  killed  a  cow  there  that  h;id  a  jtnp  tliat  was 
too  yonn}?  to  come  from  the  liering  Sea  and  evidently  had  been  born 
around  tlieie.     That  is  al)oat  the  only  case  I  have  seen. 

Q.  Tiie  pnps  that  yon  see  in  the  L'acilic  this  year  are  those  born  last 
year.     You  don't  see  those  born  this  year? — A.  No,  sir;  I  do  not. 

I  have  never  killed  a  cow  on  the  coast  that  had  given  birth  to  her  pup 
and  was  giving  milk,  nor  have  I  ever  seen  a  piij) 
Mka,  p.  387.  i^^j^.jj  t,jj3  same  year. 

Victor  JacliObsoK,  p.  329.  I  have  never  known  the  fur-seal  to  give  birfli 
to  their  young  in  the  water. 

And  I  have  never  known  of  anyone  taking  a  young  seal  on  the^'oast 
that  was  born  that  year,  nor  do  we  catch  iiny  cow 
Jaa.  JamUaon,  p.  331.  seals  on  the  coast  that  have  given  birth  to  their 
young  that  year. 

Q.  In  your  opinion,  are  any  of  the  i>ups  born  in  the  water,  or  any- 
where outside  of  the  seiil   islands? — A.  I  think 

Frank  Johnso,,,  p.  .111.    ^j^,.^,  .,j,g  ^,„j.„  ^^„  ,,,,,^i_ 


J.  Johnson,  p-  331. 


I  never  hav^e  seen  a  jmp  born  in  the  water,  nor 
have  I  ever  seen  one  born  oa  slioie  outside  of  the 
Pribih>f  Islands. 


8«Msh  Johnson,  p.  38°.  1  have  never  caught  a  cow  in  milk  along  the 
coast,  nor  a  small  pup  that  had  been  born  that 
year. 


AQUATIC   BIRTH   IMPOSSIBLE. 


115 


I 


Have  never  known  of  a  fur-seal  pup  being  born     p.  KaMktday,  p.  261. 
in  the  water,  or  along  this  coast. 

Never  have  seen  or  heard  of  pups  being  born     Philip  Kaihevaroff,  p, 
in  the  water  or  on  the  coast  outside  of  the  Pribi-  262. 
lof  Islands. 

Have  never  seen  fur-seal    pups  born  in  the      King  Ka8kwa,p.  295. 
water  or  on  the  laud  in  British  Columbia  or  Alaska. 

I  have  never  known  seal  pups  to  be  born  on  tlie     •'*'»  Kaaooh,  p.  296. 
land  anywhere  in    tlie  water    in  this    part  of 
Alaska. 

Have  never  known  any  pups  to  be  born  in  the     Mike  Kethuaduck,  p. 
water  or  on  the  coast  of  Alaska.  262. 

Have  never  heard  of  i>up8  being  born   in  the      Geo.  KetwooscMih,  p. 
water  anywhere  along  the  coast  of  Alaska  in  uiy  251. 
life. 

He  has  never  seen  baby  seals  in  the  vicinity  of     Eickiana,p.  306. 
Barclay  Sound.     He  never  knew  of  one  to  be  born 
in  the  water,  aud  never  heard  of  it. 

I  never  have  known  of  seals  being  born  in  the  water.    In  fact  I  do 
not  believe  they  are,  except  by  accident,  in  which 
cases  they  would  certainlj   die,  as  young  seals      Jaa.  Kieman, p.  i50. 
have  to  be  taught  to  swim  by  tiieir  mother,  just 
as  children  have  to  be  taught  to  walk. 

It  is  my  opinion  that  a  pup  born  in  the  water     LouiiEimmcl,p.  174. 
would  drown  in  a  very  few  minutes. 

Have  never  seen  or  hei:ru  of  a  fur-seal  pup  be-      Einkooga,p.  240. 
ing  born  in  the  water. 

Have  never  knowo  of  fur-seal  pups  being  born 
in  the  water  or  on  the  coast  of  Alaska  around      ^-  ^'«"««f'^^''.  P-  2C3. 
here. 

Have  never  known  any  pups  lo  be  born  in  the  water  or  on  the  land 
anywhere  in  Ahjska  or  British  Columbia,  aud  I 
don't  know  where  they  are  born.  •^««-  Klonacket,  p.  283. 

I  have  never  known  any  pups  to  be  born  in  the     Bobort  Eooko,  p.  296. 
water. 


or,  nor 
of  the 


II g  the 
i-u  that 


Have  never  known  any  pui)s  to  be  born  in  the  water,  or  anywhere 

else  on  the  coast,  but  haw.  heard  that  they  are  ,       „     .     , 

born  i)n  the  Pribilof  Islunds  aud  nowliere  else.  '^'"'-  ^"«""««^i'•  -^04. 

I  liave  never  seen  a  live  pup  of  the  same  sea-  ouf  Evam, p.  236. 
sou's  birth  ;n  the  water. 

Have  never  heard  of  pups  being  born   in  the  Geo.  Cadtcek,  p.  2G5. 
water  or  on  the  land  along  the  coast  of  Alaska. 


IF 


iu: 


116 


Andrew  Laing,  p.  335. 


THE    PUPS. 

Fur-seals  do  not  jjivis  birtli  to  their  young  ia 
tiie  water,  neither  will  the  pui)  seal  live  if  born  m 
the  water. 


I  have  never  known  of  any  pup  seals  being  caught  in  the  wnter  (ex- 
cept those  in  embryo)  that  were  less  than  several  niojiths  ohi.  nor  are 

any  such  ever  ottered  to  the  trade,  showing  con- 

laaac  Liebca,  p.  454.       clusively  to  mj  mind  that  they  are  not  born  at  sea. 

The  Indians  frequently  otter"  black  ])up8  "  for  sale, 

but  only  such  as  they  have  removed  fronr  the  womb  of  the  mother  seal. 


Tho8,  Lowe,  p.  371. 


I  have  never  killed  nor  saw  a  cow  in  milk,  along 
the  coast,  nor  one  that  had  recently  given  birth  to 
her  young. 


Q.  Have  you  ever  seen  any  seals  born  in  the  water,  and  is  it  your 
opinion  that  it  is  impossible  for  them  to  be  born 

Chae.  Lutjens,  p.  459.  in  the  water  ? — A.  Seals  can  not  be  born  in  the 
water. 

Have  never  known  pups  to  be  born  in  the  water  or  on  the  coast  of 
T  n  ,ir-,n„..-,;,;  „  >)t'7   Alaska  OF  ou  the  islands  adjacent  thereto,  and  I 
have  spent  o  years  on  the  coast  ol  Alaska. 

Have  never  known  any  pups  to  be  born  in  the 
water  or  elsewhere  outside  of  the  Pribiloft'  Is- 
lands. 


Jas.  McKeen,p.267. 


Q.  In  your  opinion,  is  it  feasible  that  pn])s  can  be  born  in  the  Avater 

and  live? — A.  I  don't  believe  they  can  be  born  in 
^^Alexander    McLean,  p.  ^,,^.  „,.,^^,.  .^^  .^^  ,,j,^|  ji^.^,_     j  i,,^^,^  j,^,.,^.,^  ^,.y^,^.,^l 

people  expi'ess  themselves  differently.  1  think 
myself  it  is  impossible.  iSeals  have  got  to  haul  up  on  laud  to  breed, 
and  leave  their  pups  on  sh(ue. 

Dan'l  McLean, p.Ui.  Q.  In  your  opinion,  are  any  of  the  pups  born  in 
the  water  or  anywhere  else  out  of  the  seal  is- 
lands!— A.  I  have  never  seen  any. 

Q.  Have  you  ever  found  any  seal  pups  in  the  I'aciific  that  were 
younger  than  those  born  the  year  previous? — A.  iso,  sir;  1  have  never 
seen  any. 

Pups,  if  boru  in  the  water,  are  sure  to  drown.    It  is  a  matter  of  ac- 
tual observation  tiiat  they  must  Hrst  learn  to  swim, 
^jfno.     Malowansky,    p.   .,,,^j  ^^^  ,,,j^  j^^,,^^^,  ^,,j,  ^,;^^j,g  „„^j|    ^,,j.^.  .„,^.  ^  ^,,.  ^ 

months  old.  I  have  often  seen  the  motlier  seals 
])ush  their  pups,  when  several  weeks  old,  into  the  water  and  watched 
them  tl(»un({er  about  awkwardly  and  scramble  ashore,  seeming  (U'lightcd 
to  g(!t  back. 

I  have  never  known  any  fur-seal  pups  to  be  born  in  the  water  or  ou 
the  land  around  this  part  of  Alaska  or  lUitish 
Chan.  Martin,  p.  297.       CoUuubia 

I  have  never  seei  a  puj)  born  in  the  water,  nor  have  I  ever  heard  of 

Fred   Mason  u   '84        "^  '*"!*  ^^'*"y'  '^'^^'"  ^^  ^^*^  ^^'^^  around  this  part  of 
*      Alaska. 


4  or  5 


AQUATIC    BIRTH    IMPOSSIBLE.  117 

I  liavc  never  known  any  pnps  to  be  born  in  the      ^mo$  Mill,  p.  2S5. 
water  or  any  on  the  land  in  tins  part  of  Alaska. 

Have  never  known  of  pnps  being  born  in  tlie  water  or  anywhere 
else  on  the  coast  of  Alaska  ontside  of  the  Pribiloff      ^  j^  Miner  v  466 
islands.  "    '         '^* 

(}.  Have  you  ever  seen  any  seals  born  in  the  water  and  is  it  your 
ojiinion  that  it  is  possible  for  them  to  be  born  in 
the  wati-i  ? — A.  They  are  not  born  in  the  water.      Frank  Moreau, p.iQii. 
A  seal  (-an  not  swim  when  it  is  tirst  born. 


I  never  saw  nor  heard  of  any  young  pups  being 
born  in  the  water. 


Eddie  Morehead.  p.  467. 


If  a  pu])  was  born  in  the  water  it  could  not  possibly  live  and  I  have 
never  heard  ot  such  a  case.     A  further  fact  in  this 
connection  is  that  the  females  never  come  to  the      t.  F.  Morgan,  p.  62. 
islands  accompanied  by  a  pup. 

The  statement  that  the  fni'-seal  may  boar  and  rear  its  young  at  sea 
as  well  as  on  land  is,  in  my  opinion,  wholly  jjia- 
t.iitous.    I  am  unable  to  conceive  of  any  ground     j.  m.  Morton,  p.  67. 
s  i  .itever  upon  whiidi  to  base  snch  an  asserticm. 

V\  lien  born  the  "pup"  is  an  exceedingly  stupid  animal,  with  an  abnor- 
mal development  of  iiead,  and  is  apparently  incapable  of  any  exertion, 
except  in  the  way  of  exercising  its  lungs.  At  this  time  it  is  certainly 
not  an  amphibious  animal,  for  it  does  not  attempt  to  approach  the 
water  for  a  month  or  two  after  its  birth,  and  in  its  tirst  natatorial 
efforts  not  only  does  it  seem  to  recpiire  instruction  from  the  older  seals, 
but  considerable  practice  is  ahso  necessary  in  the  shallow  waters  along 
tiic  beaches  betbre  it  dares  to  venture  away  from  the  shore  and  among 
the  turbulent  waves  of  Bering  Sea.  In  my  opinion,  the  seal  "pup" 
when  its  first  introduction  to  tlie  world  takes  place  at  sea  must  inevit- 
ably perish.  Assuming  that  it  might  float  <m  the  surface  of  the  water 
tor  a  while,  what  is  to  be(H)me  of  it  «luring  the  long  voyages  the  mother 
nuist  now  make  in  search  of  nourishment  for  it  and  herself?  The  sup- 
])osition  that  it  would  be  able  to  acccomj^any  her  on  such  Journeys  is 
ecjually  as  absurd  as  the  idea  of  its  being  left  unprotected  on  the  sur- 
face of  a  stormy  sea  wliile  aw^aiting  her  return. 

There  is  no  doubt  that  a  seal  born  in  the  water     j.  jj.  Moulton,p.  72. 
would  at  once  perish. 

Have  never  known  any  puj^s  to  be  born  in  the     smith  Natch,  p.  299. 
water  or  on  the  land    in    British  Columbia  or 
Alaska. 


I  have  never  seen  any  pup  seal  born  in  the 
water  or  on  the  land  anywhere  around  Biitish 
Columbia  or  Alaska. 


J>an  NalMan,p.  287. 


I  have  never  known  any  pups  to  be  born  in  the  water  or  on  the  land 
around  this  partof  Alaska.     I  am  a  very  ohl  uuin, 
and  i  have  never  even  heard  of  it.  <fo».  Neithkaitk,  p.  287. 


118 


THE   PUPS. 


I  have  never  seen  a  pnp  in  the  water,  and  Ho  not  believe  they  can 

be  bcnn  in  tlie  water.     If  tl. jy  are  born  in  the 
Nilea  Nelson,  p.  470.     water  tli<'.y  would  (Irown. 

If  for  any  reason  the  cow  shonld  not  be  able  to  reach  the  rookery  in 
time  to  }>ive  birtli  to  her  ]»ni)  and  it  slionld  be 

S.R.Nettleton, p.  75.  born  in  the  water,  the  pnp  would  of  necessity  be 
drowned. 


I  have  never  known  or  heard  of  pups  beinj?  born  in  the  water  or  on 
tlie  land  anywliere  in  British  Columbia,  Queen 
Cliarlotte  Islands,  or  Alaska. 


Xtkla-ah,  p.  288. 
John  Olsen,  p.  471. 

Peter  Olson,  p.  288. 


I  do  not  believe  mothers  give  birth  to  their 
young  in  the  water. 

I  have  never  known  of  any  fur-seal  pup  to  be 
born  in  the  water  or  haul  up  on  the  laud  anywhere 
in  Alaska. 


I  have  never  killed  an  old  bull  or  barren  cow  along  the  coast,  neither 
have  I  killed  a  cow  in  milk  along  tlie  coast,  (u-  any- 

Osly,  p.  391.  where  else  tlian  in  the  Hering  Sea.     Small  black 

pups  are  not  seen  in  the  water  along  the  coast. 

I  have  visited  the  different  islands  in  the  sound,  and  never  knew  any 
fur-seal  to  be  born  in  the  water  or  on  any  of  the 
Eesth  Riley,  p.  252.         islands  iu  southeastern  Alaska. 

Pups  are  not  born  in  water.  In  some  cases  females  far  advanced 
in  iirt'giiaiicy  hiiul  np   on  coast  to  give  birth; 

W.lioherta,  p.  2i2.  but  otlierwise  seals  do  not  stop,  except  at  Pribilof 
Islands. 

I  have  never  seen  nor  heard  of  a  fur-seal  pup  being  born  in  the 
water,  or  on  the  rocks,  on  any  part  of  the  coast 

Rondtua,  p.2^,  of  Alaska,  but  have  heard  that  seal  are  born  on 

the  Pribilof  Islands. 

Never  knew  any  fur-seal  pups  to  be  born  in  the  water  or  anywhere 
else  in  Alaska,    Have  heard  that  they  are  born 
Sohkatatin,  p.  243.         OH  the  Pribilof  Islands. 

In  my  judgment,  and  from  my  knowledge  of  the  habits  and  conditions 

of  seal  life,  I  would  state  that  a  pup  born  in  the 

B.  F.  Scribner,  p.  89.      water  would  certainly  perish,  and  I  never  saw 

during  my  experience  a  pup  land  on  the  island 

Avith  the  females  when  they  arrived  in  the  early  summer,  and  I  never 

heard  of  such  a  case. 


It  is  my  belief  that  a  pup  born  in  the  water  would  drown,  for  I 

am  convinced  IVom  statements  mr.de  me  by  the 

L.  O.  Shepard, p.  189.    natives     and    those    thoroughly    familiar   with 

seal  habits  that  a  pup  for  the  first  weeks  of  its 

life  is  unable  to  swim. 


AQUATIC    BIKTH    IMPOSSIBLE. 


119 


Never  known  of  jnips  boing  born  ir  the  water      Jack  Shuchj,  p.  289. 
or  aiiywLere  in  this  })art  of  Alaska. 

I  liave  never  seen  a  fnrseal  ]inp  in  tliis  rej^ion,  and  know  that  tliey 
are  not  born  ontside  the  rookeries   on  tlie   seal 

islands  in  the  Bering  Sea,.  Alexander Shyha, p. 22C). 

Never  known  or  lieard  of  pnps  bein  j;  born  in  the      Martin  Sinyay,  p.  2G8. 
water,  but  have  heard  of  them  being  born  ou  the 
Pribilof  Islands. 

Have  never  known  pups  to  be  born  in  the  water      Jack  Sitka,  p.  209, 
or  anywhere  else  on  the  coast. 

Have  never  known  or  heard  of  a  fur-seal  pup      Skanong,  p.  214. 
being  born  in  the  water. 

Have  never  known  any  pni)s  to  be  born  in  the      Thomas  Skowl,  p.  SOO. 
water  or  on  the  land  in  British  Columbia  or  Alaska. 

JS'or  have  I  heard  of  any  fur-seal  pup  being  born      Yuan  Slanoch,p.  253. 
in  the  water  nor  on  the  land  in  or  around  Chatham 
Bound. 


I  do  not  believe  a  peal  can  be  born  iu  the  water     James  Sloan,  p.ilS. 
and  live. 

Have  never  known  aiiy  pups  to  be  born  in  the      Fred.  Smith,  p.  24d. 
water  nor  on  the  coast  elsewhere  than  ou  the  Pribi- 
lof Islands. 


T  have  never  known  of  fur  seal  pups  being  born      Jno.  W.  Smith,  p.  233. 
elsewhere  than  on  the  aforesaid  rookeries. 

Have  never  known  of  pup  seals  being  born  in      TTm.  H.Smith, p. A78. 
the  water,  nor  anywhere  else  on  the  coast  outside 
of  the  Pribilof  Islands. 

I  have  never  seen  any  young  pupa  in  the  water.     Cyrus  Stephens,  p.  479. 
1  do  not  think  they  breed  in  the  watei'. 

Have  never  known  or  heard  of  pups  being  born    jfoshua    Stickland,   jp. 
in  the  water  or  on  the  land  anywhere  outside  of  ^^^• 
tiie  Pribilof  Islands. 


Q.  Have  you  ever  seen  seals  born  in  (he  water,  and  is  it  your  opinion 
that  it  is  possible  for  tliciu   to  be  born   iu   the 
water? — A,  It  is  impossible  for  seals  to  be  born    Jiuitave    SundvaU,  p. 
in  the  water. 


481. 


for  I 
ly  the 

with 
of  its 


Pups  can  not  swim  at  birth,  henoo  the  female     Z.L,  Tanner,p.S15. 
can  not  givt'  biitli  to  luu- young  in  the  water  with- 
out sacriii(!ing  its  life. 

TTavo  never  known  ]>ups  tobciiorn  in  t1(e  water,      J^-  mkahdaynahk«e,p. 
or  ou  the  land  elsewhere  than  the  L*ribilof  iBluud,  '^^^- 


120 


THE   PUPS. 


Have  never  known  any  pnpa  being  born  in  the  water  or  on  the  land 
^  ^  ,„,         on  tlie  coast  of  Alaska  outside  of  the  Pribilof 

W.ThomnB,p.i85.        Islands. 


I:  i 


Thunk,  p.  245. 


Have  never  known  or  beard  of  any  fur-seal  pups 
being  born  in  the  water. 


Charlie  Tlaicsafav,p.  270.    Never  knew  of  pups  beiTig  born  in  the  water. 

Toodays  Charlie, p. 249.  Have  never  heard,  nor  do  I  believe  there  ever 
was,  any  pups  born  in  the  Avater. 

Peter  Trear8heii,p.  271.  Never  heard  of  nor  seen  pups  born  in  the  water 
or  on  the  coast  of  Alaska,  outside  of  Pribilof 
Islands. 


TwongJiwak,  p.  246. 


P 


P  if 


>4 


Have  never  hoard  of  seal  pups  being  born  in 
the  water  nor  anvwhere  else  in  Alaska. 


Have  never  seen  or  hoard  of  pups  being  born  in  the  water  or  on  the 
land  on  tlio  eoast  of  Alaska,    Have  hoard  that 
Jaa.  Umtajim,p.  272.      ^^^^^  .^^.^^  j^jj  ^^^^^.^  ^^,,  ^^m  Pribih)f  Islands. 

George  r8her,p.29i.        Have  never  seen  any  pups  born  in  the  water. 

Have  never  known  a  pui^  to  be  born  in  the  water.    I  have  Tiever 
T>.„7. /..),     nv,7/..>      .,   known  (»1"  a  pup  seal  being  born  on  th*^  rocks  ot 

the  coast  anywhere.    Have  iieaid  they  are  born 

on  the  Pribilof  Islands. 

Never  have  known  of  pups  being  born  in  the 
water,  nor  elsewhere  on  the  coast  of  Alaska. 

Nor  can  they  give  birth  to  their  young  in  the 
water  or  thf;  kelp  and  have  theui  live. 


272. 


Charlie  Wank,p.213. 
Waikiua,  p.  395. 


P.  s.   WcittenhiUer,  p.      I  have  never  known  any  pu]>s  to  be  born  in  the 
274.  water  or  anywhere  else  except  on  the  Pribilof 

Islands. 

From  my  experionco  iuid  obwrvation  relativ*'  to  the  fur  seal  I  am 

tiruilv  of  the  opii'io'    tlmt  il  is  a  jdiysical  iini)os- 

Mii-hiw!  ivhite,  fi.:m.    .'iibility  for  the  v        •     seal  to  4rive  birth  to  her 

young  in  rlto  wai»*i  and  ]>resen«i?  it;  but  that  it  is 

necessary  for  lier  ^»  li;iul  up  on  the  iand  to  give  birth   and  rear   her 

young.     I  have  n^ver  known  <-«•  h<'ard  of  tlieir  giving  biath  to  their 

ycmng  other  than  «ki  their  regular  liaaling  grounds. 


Billy  JVUIiamg,p 'SOI ^ 


Have  nev*'r  kiM>wn  any  pnps  tn  l)e  born  in  tks 
wat<=r  n  .- I ;ni(I  in  any  psirt  of  British  Colum- 
bia or       a.sk.. 


Fred  Wihon.  /»  301.  T  kav*'  uevoT  ho.ird  of  pups  Iwng  >*«m  in  the 

wai't^'  or  on  the  loud   au^  vhere   ou  oiie  uuast  o( 
Britiaib  Ouhmibia  or  AUwuiiin. 


Mi. 

.fill 


BIRTH    ON    KELP    BEDS    IMPOSSIBLE. 


121 


in  the 


Tliey  do  not  give  birth  to  their  i)nps  in  the  water  nor  on  the  kelp. 
Have  never  seen  a  blaclc  pup  in  the  water  along 
the  eot\st,  but  used  to  capture  a  great  many  gray      Wiapoo,  p.  300. 
pups,  l>ut  this  year  I  have  not  seen  one. 

Have  neverknownor heard  of  pups beingborn  in     Michael    nooskoot,   p. 
the  water  nor  on  the  coast  of  Ahiska  outside  of  iJ75. 
the  Pribilof  Islands. 

I  go  from  Icy  Bay  to  Sitka  Sound  and  come  in  contact  with  the  peo- 
ple of  ditt'erent  tribes  of  Indians,  and  have  never 
seen  myself  nor  heard  other  Indians    say  that      Tahkah,  p.  2iG. 
they  had  seen  fur-seal  pups  born  in  tiie  water. 

******* 

Wlien  I  was  a  small  boy,  a  few  pup  seals  used  to  be  driven  into  the 
bays  by  hard  stor:ns  on  the  coast. 

Have  never  seen  or  henrd  of  any  pups  being    Billy  Yeliachy,  p.  302. 
born  in  the  water  or  on  tlie  land  around  this  part 
of  Alaska. 

Have  never  known  any  pups  to  be  born  in  the  iiaatinga  Tethnow,p.  303. 
water  or  on  the  land  anywhere  in  Britisli  Columbia 
or  Alaska. 

I  have  never  seen  any  pups  born  in  the  water.    ^V  Yohanaen,  p. 309. 

Nor  hav  3 1  ever  seen  or  heard  of  pups  being   Paul  Young,  p.  292. 
born  in  the  water. 

Have  never  seen  any  pups  boru  in  the  water    Walter  Young,  p.  303. 
or  ojt  the  land  anywhere  on  the  coast  of  Alaska 
or  British  Columbia. 

I  have  never  seen  a  young  black  pup  along  the    -ffis^  Yuila,p.  398. 

coast. 

*  *  *  *  * 

I  never  killed  a  cow  in  milk  along  the  coast. 

I  never  have  seen  any  pups  born  the  same  year,    Thomas  Zolnoks,  p.  398. 
nor  have  I  ever  canght  any  cow  seals  on  the 
coast  that  were  in  milk. 

BIRTH  ON  KELP  BEDS  IMPOSSIBLE. 

Pago  104  of  The  Case. 
(See  "Aquatic  Birth  Impossible.") 

T  have  never  seen  young  seals  born  at  sea,  nor     jy.  w.  Anderson, p.  223. 
on  kelp;  nor  do   I  believe  they  can  live  on  kelp 
beds. 


Nor  do  they  ever  give  birth  to  their  young  on     Jiernhardt  nieidner,  p. 
tiie  kelp.  81&. 


Ii  i 


m 


l!!?r'! 


122 

Bowa-chup,  j>.  376. 


Tlioa.  Broten  (Xo.  l),p. 
319. 


Landii  (i'ixUapa,p.  379. 
Charlie,  p.  304. 


THE   PUPS. 

Soals  do  not  give  birth  to  tlioir  yoiiiifj  in  the 
Wiiter  nor  on  tlie  kelp;  if  they  did  they  would  be 
drowned  and  die. 

I  do  not  think  that   seals  give  birth  to  their 
young  on  the  kelj). 

Nor  do  I  tliink  that  they  give  birth  to  their 
young  upon  the  kelp. 

Seals  do  not  give  birth  to  tlieir  young  in  the 
water  nor  on  the  k(Ux). 


Nor  do  they  give  birth  to  their  young  on  the  water  or  on  the  kcld. 

I  never  caught  any  little  black  pups  along  the 
Circus  Jim,  p.  380.  coast.     I  used  to  catch  a  great  many  gray  ones  on 

the  coast,  but  caught  but  one  this  year. 


Louis  Culler,  p.  321. 


The  seals  do  not  give  birth  to  their  young  iu 
the  water,  nor  upon  tlie  kelp. 


I  have  never  seen  seals  born  in  the  water  or  on  b(>ds  of  kelp,  nor  do 
1  believe  a  young  pui)  could  live  if  brought  forth 
Jas.  Dahjardiio,  p.  364.    at  sea. 


Frank  Davis,  p.  383. 
Jeff  Davis,  p.  384. 


Did;   or   Ehenchesnt, 
p.  306. 


Ellahusli,  p.  385. 
F.  F.  Feemj,p.  220. 
Wm.  Foster,  p.  220. 


Nor  do  they  give  birth  to  their  young  in  the 
water  nor  on  the  kelp. 

They  do  not  give  birth  to  their  young  in  the 
wfiter  or  on  the  kel]). 

He  states  that  there  are  no  kelp  patches  outside, 
where  seals  resort  or  where  they  breed. 

I  have  never  known  pups  to  be  born  in  the 
water  nor  on  the  kelp. 

I  have  never  seen  nor  heard  of  a  seal  born  at 
sea  nor  on  kelp. 

I  have  never  seen  pups  born  on  kelp  beds,  and 
I  am  certain  they  can  not  live  and  thrive  on  kelp 
beds. 


We  have  never  seen  fur-seal  pups  of  the  same  season's  birth  in  the 
■KT-  1-  n  ir  t  1  water  or  on  patches  of  floating  kelj),  and  do  not 
mcoh  Gregoroffet  ai.,    ^j^j^,,.  ^j^^^  ^^^^^  ^^  successfully  raised  under  such 

conditions. 


p.  234 

Arthur  Griffin,  p.  32G 


Nor  do  they  give  birth  to  their  young  on  the 
kelp. 


It  is  asserted  that  the  fur-seals  give  birth  to  their  young  also  on  kelp 

patches,  ami  lie  asleep  on  their  backs,  with  their 

W.  S.  Hereford, p.  34.     oftspring  in  their  embrace,  clasped  to  their  breasts. 

This  is  descriptive  of  the  sea-otter,  but  is  not 

true  of  the  fur-seal. 


BIRTH    ON    KELP   BEDS    IMrOSSIRLE. 


123 


I  liave  never  seen  a  younjj  fur  seal  j^ip  of  tlic  same  season's  birth  in 
the  water  at  sea  nor  ou  a  patch  of  (loatiiijj;'  kelp, 
and  in  fact  never  knew  of  their  boiii}^  born  any-  Korman  fTody son, p. 3G7. 
where  save  on  a  rookery.  I  have,  however,  (;nt 
upon  a  gravid  cow  and  taken  the  youiij^  one  from  its  mother's  womb, 
alive  and  crying.  I  do  not  believe  it  p(»ssible  for  a  fur-seal  pup  to  bo 
snceessfuUy  raised  unless  born  and  nursed  on  a  rookery.  1  have  seen 
fur-seals  resting  on  ])atehes  of  tio:iting  kelp  at  sea.  but  do  not  believe 
they  ever  haul  up  for  breeding  ])urposes  anywhere  except  ou  rookeries. 

Jfor  neither  do  I  believe  it  to  be  possible  for     Alfred  Irving,  p.  3S7. 
them  to  have  their  young  in  the  water  or  on  the 
kelp  and  have  their  pups  live. 

Nor  do  they  give  birth  to  their  young  in  the  water  or  upon  the  kelp. 
I  think  a  i)up  born  in  water  or  upon  kelp  would     ishka,j).3»-. 
sink  and  die. 

Nor  [do  seals]  give  birth  to  their  young  in  the     Seiwish  Johnson, p.  388. 
water  or  ou  the  kelps. 

I  have  no  knowledge  of  fur-seal  pups  being  born  in  the  water  or  on 
patches  of  floating  kelp,  and  do  not  believe  they  i.  k    h       oqs 

could  be  8U(!cessfully  raised  under  such  conditions.      ^'■<»'''=  horth,  p.  L35. 

I  never  saw  a  pup  seal  in  the  water  nor  on  beds     e.  L.  Lawaon,  p.  221. 
of  kelj),  and  I  do  not  believe  it  possible  for  them 
to  be  raised  there. 

I  have  never  known  of  fiir-seal  pups  being  born  on  patches  of  floating 
kelp  or  in  the  water,  at  sea,  or  anywhere  in  fact, 
save  on  regular  rookeries;  neither  do  1  believe  it     James E.Lennan,p.370 
possible  for  them  to  be  reared  successfully  under 
any  other  circumstances. 

Nor  do  I  believe  that  they  give  birth  to  their    James  Lighthouse,  p.389. 
young  in  the  water  or  ou  the  kelp. 


Nor  do  I  believe  they  give  birth  to  their  young      jiiomas  Lowe,  p.  371. 
in  the  water  or  ou  the  kelp. 

Seals  do  not  give  birth  to  their  young  in  the     Moses,  p.  309. 
water  nor  on  the  kelp. 


I  have  never  seen  any  pups  born  on  kelp. 


P.  C.  MitUer,  p.  223. 


I  do  not  believe  that  pups  born  on  kelp  could  be  properly  nursed  and 
brought  up.     1  do  believe  that  it  is  necessary  to 
their  successful  existence  that  they  be  born  on      Arthur  Xetvman, p.  210. 
laud,  since  they  can  not  swim  at  birth. 

Seals  do  not  give  birth  to  their  young  in  the      Osiy,  p.  390. 
water  nor  on  the  kelp. 


124 


THE   PUPS. 


K 


m  ^^ 

f  mu   ''i 

liHH^''ki 

Seals  do  not  give  birth  to  their  yomij;  in  the  water  nor  on  the  kelp. 

J  never  saw  any  black  i)ni).s  in  the  water,  l)ut  we 

Wilnon  Parker, p.  392.    used  to  eateh  a  gieat  many  more  fiiay  pnps  than 

we  do  now,  ami  1  have  never  eai)tiire«l  any  cows 

alonj;  the  coast  that  were  giving  milk  and  that  had  given  birtli  to  their 

young  that  year. 

Seals  do  not  haul  out  upon  the  land  along  the  coast  and  give  birth  to 

their  yonng;  nor  do  tliey  breed  op  tlie  kelj).     If 

Chas.  Peterson,  p.  346.  ever  there  was  su(;h  an  ocenrrence  it  mast  have 

been  a  prenmture  birth  eansed  by  some  accident 

to  the  female  seal,  and  would  result  in  the  death  of  her  young. 


I  never  hunted  fur  seals,  but  I  have  a  knowledge  of  their  habits  and 
movements,  and  I  never  saw  a  pu])  seal  in  the 
water  or  on  a  bed  of  kelp,  and  I  kiK)w  a  pup 
seal  could  not  live  and  thrive  on  a  kelp  bed. 


Wm.  Rohde,  p.  222. 


William  Short,  p.   348. 

John  A.  Swain,  p.  350. 

John  Tysum,  p.  394. 
Charley  White,  p.  396. 

Wispoo,  p.  397. 


Nor  do  I  know  of  any  instances  where  the  seals 
give  birth  to  their  young  on  the  kelp. 

Nor  do  they  give  birth  to  their  young  on  the 
kelp. 

Nor  do  they  breed  on  the  kelp  or  in  the  water. 

Nor  do  I  think  they  give  birth  to  the  young  in 
the  water  on  the  kelp. 

Seals  do  not  give  birth  to  their  young  in  the 
water  nor  on  the  kelp. 


PODDING. 
Page  105  of  The  Case. 

When  the  pups  grow  to  be  6  or  8  weeks  old  they  form  in  "  pods  "  and 

work  down  to  the  shore,  and  they  try  the  water  at 
K.  Artomanoff,  p.  100.     ^^^  ^.j^g  ^^^^^  j-jj^^  ^^^^^^  ^^  ^^^^^ 

By  the  middle  of  July  the  mothers  were  going  constantly  back  and 

forth  to  sea;  the  pups,  left  more  to  themselves, 

J.  StauleuBroipn,p.l6.  Collected  in  groups— "  pods,"  as  they  are  called— 

and  by  the  last  of  July  they  worked  their  way 

down  to  the  shore  and  began  learning  to  swim. 

The  pups  remain  upon  the  rookeries  at  or  near  where  they  are  born 
until  about  5  or  6  weeks  old,  when  they  congre- 
H.  H.  Mclntyre,  p.  4x.    ^.^^^  ^^  groups  or  "pods." 

At  that  age  [6  or  8  weeks]  they  form  themselves  into  "pods"  and 
work  themselves  down  to  the  water's  edge.    After 

8.  B.  Netlleton,  p.l5.  several  days  of  repeated  trials  and  failures  they 
finally  learu  to  swim. 


LOCOMOTION    ON    LAND 


125 


At  about  5  weeks  old  the  pnps  befjin  to  rnii  iiliout  sind  coiiffregateiu 
Inmches  or  "pods;"  and  at(»  to  8  weeks  ol<l  tluy 
<fo  into  the  shallow  water  and  gradually  learn  to     j,  v.  ncdiniih,^.  U8. 
swim. 

LOCOMOTION  ON  LAND. 

Page  105  of  The  Case. 

It  moves  in  a  gait  more  like  going  on  "all  fours,"  while  the  adult 
seal  moves  by  drawing  up  the  hind  (jiiarters  as  a 
whole  and  then  throwing  itself  forward  its  own     J.atanley  Uiowii,p.iQ. 
length. 

A  black  pup  walks  on  all  fours,  raising  his  body  more  from  the  ground 
than  an  older  seal,  and  api)ears  to  be  more  of  a 

land  animal  than  his  elders.     All  seals  can  move     /,;'[^^^''^,J'"""""'  ^'"   ^"^ 
very  rapidly  on  laud  when  forced  to  <lo  so,  and  ^'  "  ""  "'^' 
seem  to  have  renmrkable  powers  of  land  locomotion  when  the  forma- 
tion of  their  jllippers  and  body  are  taken  into  consideration. 


During  this  period,  also,  a  pup  moves  very 
much  like  a  young  kitten,  using  its  hind  flippers 
as  feet. 


Samuel  Falconur, p.  ICl. 


;^1 


Another  point  that  shows  a  pup  is  a  land  animal  during  the  first 
weeks  of  its  existence  is,  that  it  uses  its   hind 
flippers  as  feet,  running  on  them  in  nuich  the  same      j.  u.  Moulton,  p.  72. 
manner  as  other  land  animals,  while  a  seal  that 
has  leurned  to  swim  drags  his  hind  flippers,  using  his  front  tiii)i)ers  to 
pull  himself  along. 

LEABNINa  TO  SWIM. 


i 


Page  106  of  Tlio  Case. 

When  about  4  weeks  old  the  pups  get  together  in  groups  or  iiods  and 
api)roach  nearer  and  nearer  to  the  shore;  after  a 
week  or  so  they  are  down  near  the  surf,  but  lun      chas. Bryant, p.Q. 
back  terrified  whenever  a  wave  comes  in.    They 
then  begin  to  get  acquainted  with  the  sea,  and  little  by  little  overcome 
their  terror  and  learn  to  use  their  fli|)pers.     I  have  seen  a  fennile  some- 
times pick  her  pup  up  by  the  back  of  the  neck  ami  carry  it  out  into  the 
water  and  let  go  of  the  little  animal,  catching  it  befoie  it  drowne<l  and 
holditig  it  above  the  waves;  this  she  would  repeat  time  and  again  until 
the  little  fellow  got  over  his  terror  and  began  to  use  his  flippers.     Jiy 
the  1st  of  September  nearly  all  the  pups  have  learned  to  swim,  and 
until  the  time  of  their  departure  from  the  islands  spend  their  time  both 
on  land  and  in  the  water,  but  by  far  the  greater  j^ortion  of  this  i)eriod 
is  spent  on  land. 

The  pups  are  born  in  June  and  July,  and  they  learn  to  swim  in  Sep- 
tember.    They  can    not   swim  when   they  are      ,,       .       . 
\y^^^^^  J^uiJP  Butenn,  p.  104. 


When  6  or  8  weeks  of  age  the  older  seals,  gener;»lly  the  mothers,  force 

the  vouug  seals  into  the  water  and  teach  them      ,        .  ,,  . 

to  swim  Samuel  hilvoner, p.  Ibi. 


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126 


THE  PUPS. 


tv 


li 


I 

'    ii 


I  have  seen  a  mother  seal  carry  her  pup  out  a  little  way  into  the 

water  iuid  force  the  little  aiiiniiil  to  use  its  flippers. 

Samuel  Falconer, p.  165.  Finally,  after  repeated  trials,  the  pup  learns  to 

swim,  and  from  that  time  on  spends  a  good  deal 

of  time  in  the  water;  but  still  the  greater  portion  of  these  first  months 

of  its  life  are  spent  on  land  sleeping  and  nursing. 

At  7  or  8  weeks  old  the  pups  learn  to  swim  by  first  paddling  in  the 
the  shallow  water,  but  after  learning  to  swim  they 
AntonMelovedoff,p.Ui.»mieav  to  prefer  to  stay  on  land  until  the  cold 
weather  drives  them  off  in  November. 

When  the  pups  are  about  six  or  eight  weeks  old  they  begin  to  herd 
together  in  groups  called  "  pods ;"  these  by  degrees 
T.  F.  Morgan,  p.  Q2.       Work  down  toward  the  shore  and  after  several 
trials  and  failures  at  last  find  the  use  of  their  flip- 
pers and  learn  to  swim;  ftom  this  time,  the  Ist  of  August  or  there- 
abouts, the  pup  goes  into  the  water  at  intervals,  but  renuiius  most  of 
the  time  on  the  rookeries  until  about  November,  the  time  which  the 
pup  spends  in  the  water  depending  a  great  deal  on  the  weather. 

In  the  winter  of  1871-'72, 1  made  one  of  an  expedition  from  San 
Francisco  to  the  Antarctic  fur-seal  rookeries  of 
Arthur Xewman,  p.  210.  Staten  Land, and speutaltogether,abouta  month's 
time  cm  tlie  rookeries  during  the  months  of  No- 
vember and  December,  1871, and  January,  1872,  which  is  their  breeding 
season.    I  there  observed  that  a  i)up  is  fully  a  month  old  beftue  ven- 
turing in  the  water  at  all,  and  I  do  not  believe  they  are  expert  until 
bfctweuu  three  and  four  months  of  age. 

When  five  or  six  weeks  old  the  pups  begin  to  run  around  and  form 
buiMhes  or  "pods;"  at  seven  to  eight  weeks  old 
L.  A.Xoyca,p.82.  they  try  the  water  at  the  edge,  where,  after  pad- 

dling in  the  shallows,  they  gradually  learn  to 
swim.  And  after  becoming  expert  swimnjers  they  continue  to  show  a 
preference  for  hind,  where  tiiey  generally  remain  if  not  lUiveu  into  the 
water  by  heavy  rain  or  warm  sunshine. 

I  have  seen  thousands  of  pups  learning  to  swim  at  the  rookeries  on 

St.  Patil,  and  their  early  ellbrts  were  quite  as 

Z.  L.  Tanner, p.2,1^.       awkward  as  those  of  a  boy  when  taking  his  first 

dip.    Theii'  trouble  seems  to  be  to  keep  their 

heads  above  water. 

During  the  rutting  season  the  bulls  generally  remain  upon  land, 
while  the  females  are  constantly  going  to  and 
Geo.  H'animan,p.n8.    from  the  water,  feeding  and  bathing,  and  teach- 
ing their  pups  to  swim,  as  T  believe,  which  the 
pups  are  unable  to  do  for  the  first  six  weeks  of  their  existence.   In  fact, 
a  pup  is  afraid  of  tlie  water  during  these  six  weeks  and  needs  a  good 
deal  of  coaxing  at  first  to  get  liim  to  go  into  it.    Young  pups  can  not 
be  driven  into  the  water  by  men,  and  when  I  tried  to  drive  them  in  be- 
fore they  had  learned  to  swim  they  would  iuvaiiably  run  back  from  the 
water. 


DEPARTURE   PROM   THE   ISLANDS. 


127 


into  the 

flippers. 

learns  to 

00(1  deal 

t  months 


ng  in  the 

wim  they 

the  cold 


1  to  herd 
y  degrees 
sr  several 
their  flip- 
or  there- 
8  most  of 
rhich  the 
er. 

from  San 
jkeries  of 
a  month's 
IS  of  No- 
breeding 
jfore  ven- 
pert  until 


and  form 
veeks  old 
fter  pad- 
learn  to 
;o  show  a 
into  the 


series  on 
quite  as 
his  first 
ep  their 


ion  land, 
J  to  and 
d  teach- 
rhich  the 
In  fact, 
s  a  good 
!i  can  not 
em  ill  be- 
frum  the 


DEPARTURE  FROM  THE  ISLANDS. 

Page  106  of  The  Case. 

They  will  remain  on  the  island  until  November,  and,  if  not  too  cold, 
will  stay  till  December.    I  have  seen  them  swim-    ^    ,  .         _      ,„ 
ming  around  the  island  late  in  January.  ^-  ^rtomamff,  p.  lOO. 

The  pups  leave  in  November  and  all  seals  are  gone  about  the  mid- 
dle of  Dcitember,  exoejit  when  the  weatlicr  is  very    „      Bt   i         104 
fine,  and  then  we  often  kill  seals  in  January.  '"^    utrn,  p. 

On  leaving  the  island  the  pup  goes  soutliward  with  his  mother  and 
companions  through  the  Aleutian  passes  into  the   ^^^^^j  Falconer,  «.  165. 
Pacihc  Ocean. 

And  I  think  they  would  not  leave  the  islands  only  for  the  cold 
weather,  or  it  may  be  they  follow  the  cows  to  sea   j^^^^  Fraiia  p  109 
after  being  weaned.  >P'      • 

Toward  the  first  or  middle  of  November  the  pups  leave  the  islands; 

they  instinctively  turn  southward  toward   the    ^  „  w^„^„  „  «.„ 
.,•',.,,,*'  I.  J>.  Morgan,  p.  oJ. 

Aleutian  Islands. 

DEPENDENCE  UPON  ITS  MOTHER. 


Page  106  of  The  Case. 
(See  also  "  Death  of  cow  causes  death  of  pnp.*^ 


The  row  is  3  years  old  before  she  bears  young. 
45  days  old  b«'fore  they  can  go  into  the  water,  but 
tliey  nurse  the  mother  as  long  as  they  stay  on  359"'"""* 
the  island., 


The  pups  are  about 
Brennan,    p. 


In  the  first  weeks  of  its  life  the  pup  does  not  seem  to  recognize  its 
mother,  but  the  latter  will  recognize  and  select 
her  oflspriiig  among  hundreds.  J.  Stanley  Broivn, p.  15. 

The  young  seals  require  the  nourishing  care  of  their  mother  for  at 
least  four  months,  and  juijis  have  been  killed  on 
the  island  hite  in  November  the  stonuichsof  which      J,  Stanley  Brown,  p. Vi. 
were  filled  with  milk. 

The  pup  is  nursed  by  its  mother  from  its  birth  so  long  as  it  remains 
on  the  isliinds,  the  mother  leaving  the  islands  jit 
difierent  intervals  of  time  after  the  imp  is  3  or  4      Chaa.  Bryant,  p.  6. 
(lays  old.    I  have  seen  jtups,  which  1   had  pre- 
viously marked  by  a  ribbon,  left  for  three  or  four  days  consecutively, 
the  mothers  g«)ing  into  the  water  to  feed  or  bathe.    A  mother  seal  will 
instantly  recognize  her  oflsjiring  from  a  large  group  of  pups  on  the 
rookery,  distinguishing  it  by  its  cry  and  by  smell;  but  I  do  not  think 
a  pup  can  tell  it8  own  mother,  as  it  will  nose  about  any  cow  which 
comes  near  it. 

1  don't  think  a  pup  is  weaned  till  he  is  4  months     J<"-  ^-  HwUngton,  p. 
Q'y^  SOS.     {Antarvtio), 


I 


111 

If 


128 

Oeortje  Comer, 
{Antarctic). 


THE   PUPS. 

698      Until  the  pnp  sheds  his  b1a<!;k  hair  lie  is  entirely 
dependent  on  his  mother's  milk  for  sustenuuce. 


Pups  require  the  nourishment  from  their  mothers  for  at  least  three 
or  four  months  after  their  birth,  and  would  perish 
if  deprived  of  the  same. 


W.U.DaU,p.2i. 


The  only  means  of  sustenance  for  a  pup  while  it  remains  on  the  island 
is  nursing,  which  it  continues  till  it  lakes  its  de- 
Saml.  Falconer,  p.  165.  parture  sometime  in  November,  as  a  rule ;  but  dur- 
ing one  exceptionally  warm  winter  some  seals  re- 
mained about  the  island  during  the  whole  winter. 


The  pups  have  no  sustenance  except  what  the  cows  furnish  and  no 
cow  suckles  any  pup  but  her  own.  The  i)up8 
would  suck  any  cow  if  the  cow  would  let  them. 


Jno.  tVatis,  p.  165. 


The  difference  between  a  well  nourished  pup  and  one  starving  to 
death  is  also  easily  recognized;  one  being  plump 

W.S.Hereford, p. 33.  and  lively,  growing  extremely  rapidly,  the  other 
slowly  dwindling  away,  its  body  becoming  lean, 
long,  and  lanky,  the  head  being  the  largest  and  most  conspicuous  part. 
The  poor  little  thing  finally  drops  from  sheer  exhaustion  in  its  tracks, 
being  only  a  matter  of  time  before  it  succumbs  to  starvation.  In  refer- 
ence to  the  ti  le  a  newly-born  seal  could  live  without  its  mother's  care, 
I  can  say  that  I  have  known  one  particular  pup  seal  to  have  i)08i- 
tively  existed  for  a  period  of  at  least  two  weeks  or  more  from  the 
moment  of  birth  with  not  over  a  pint  or  so  of  cow's  milk,  at  the  most, 
which  had  to  be  forced  down  its  throat.  Perhaps  this  will  be  best 
understood  by  explaining  the  circumstances. 

Little  "  Jimmie,"  as  this  particular  pup  was  called,  was  the  child  of 
adverse  circumstances,  as  his  motherhappened  accidentally  to  be  caught 
in  a  large  drive  and  could  not  be  separated  from  the  herd  until  the 
killing  ground  was  reached.  Shortly  after  being  parted  out  and  al- 
lowed to  go  tree,  on  her  way  to  the  water  she  hurriedly  ga  v^e  birth  to 
this  pup  and  continued  on  her  journey.  The  pup  was  witched  care- 
fully for  a  few  days,  and  when  it  was  thought  to  have  been  deserted  a 
kind-hearted  employe  of  the  company,  Mr.  Allis,  brought  it  into  the 
village  with  a  double  view  of  trying  to  save  its  life  as  well  as  to  make 
a  pet  of  it.  For  the  tirst  few  days,  as  nobody  could  manage  to  make 
him  eat  and  as  he  would  generally  get  the  best  of  some  fiiendly  finger 
in  these  attempts  at  feeding,  he  was  let  severely  alone.  Then  followed 
various  contrivances,  mechanical  and  otherwise,  for  holding  his  head 
so  as  to  feed  him  with  a  spoon  or  a  nursing  bottle,  but  all  to  no  pur- 
pose, for  he  would  get  most  of  tiie  milk  everywhere  but  where  it  was 
intended  to  go.  This  went  on  for  all  of  two  weeks  or  more.  I  then 
equipped  myself  with  a  large  syringe  and  a  flexible  tube,  and  about  a 
pint  or  so  of  warm,  Iresh  cow's  milk.  Little  "Jimmie's"  mouth  was 
kept  open,  the  tube  was  passed  down  his  throat  into  his  stomach,  the 
syringe  filled  with  milk,  in  quantity  as  before  stated,  and  which  was 
unanimously  agreed  was  not  too  nnich  for  him  at  one  feeding,  was 
slowly  injected  down  the  tube  into  his  stomach.  After  the  operation 
the  tube  was  carefully  withdrawn  and  "Jimmie"  was  left  to  his  own 
devices.  The  j)up,  much  to  the  gratification  and  amusement  of  all 
present,  immediately  began  to  show  in  the  most  unmistakable  manner 
the  greatest  of  seal  delight,  i.  e.,  to  lie  down  in  the  vai-ious  positions 


DEPENDENCE   UPON   ITS  MOTHER. 


129 


entirely 
nunce. 

ist  three 
Id  perish 


iie  island 
Bs  its  de- 
but diir- 
seals  re- 


i  and  no 
?he  i)up8 
b  them. 

irving  to 
\g  plump 
he  other 
ing  lean, 
ous  part. 
s  tracks, 
In  refer- 
er's  care, 
ave  posi- 
from  the 
he  most, 
be  best 

child  of 
»e  caught 
lutil  the 
and  al- 
birth  to 
ed  care- 
serted  a 
into  the 
to  make 
a  make 
y  linger 
olio  wed 
lis  head 
no  pur- 
it  was 
I  then 
about  a 
uth  was 
acli,  the 
lich  was 
ing,  was 
peration 
his  own 
t  of  all 
manner 
»08itioua 


of  seal  comfort,  on  his  back  and  side,  and  wave  and  fan  himself  with  his 
flippers,  scratch  himself,  bleat,  etc.  As  these  signs  were  unmistak- 
able to  all  present  who  were  familiar  with  the  habits  of  seals,  the  op- 
eration was  thought  to  be  a  success.  Up  to  the  last  time  the  pup  was 
seen,  late  that  night,  he  was  doing  finely,  but  next  morning  he  was 
found  dead,  and  I  attributed  his  sudden  taking  oil'  either  to  the  small 
boy  or  an  accident  during  the  night. 

Another  instance  is  that  of  a  young  pup  seal  born  under  almost  sim- 
ilar circumstances  some  yej'rs  previous,  and  deserted  by  his  mother.  It 
was  placed  near  the  water's  edge  to  see  if  in  a  few  days  its  motlier  would 
not  return  to  it,  or  maybe  it  might  take  to  the  water  naturally  and 
swim  across  to  an  adjoining  rookery  a  few  yards  distant,  and  possibly 
there  be  found  by  its  mother  and  its  life  thus  be  saved.  Day  after  day 
this  pup  was  watched,  but  it  would  not  go  near  the  water  and  neither 
did  its  mother  return.  After  several  days  or  so  a  new  employ*^  of  that 
season  only,  and  knowing  nothing  whatever  of  fur-seal  life  and  liabits, 
coming  along  that  way  and  finding  the  pup  in  the  grass,  thinkingprob- 
ably  that  he  had  gotten  lost  from  the  otlier  side,  took  him  up  and  tiirew 
him  into  the  water,  with  a  view  of  giving  him  a  chance  of  swimming 
back  home.  It  was  a  mistaken  kindness,  however,  for  he  was  inunedi- 
ately  drowned,  as  he  was  too  young  to  swim,  his  head  being  too  heavy 
for  his  body. 

These  cases  demonstrate  two  points,  t.  c,  that  a  very  young  fur-seal 
can  live  a  considerable  time  without  nourishment,  several  days  or  more; 
also  that  they  can  not  swim,  and  any  and  all  fur-seals  born  in  the  water 
must  necessarily  perish. 

I  remember  these  two  instances  distinctly,  as  I  was  very  much  im- 
pressed by  them  at  the  time.  Others  might  possibly  be  cited,  but  I 
think  these  will  suflBce.  These  two  isolated  instances  show  that  a  young 
fur-seal  can  live  without  its  mother's  care  for  a  week  or  so,  and  that 
the  little  fellows  on  the  rookeries,  who  i?robably  have  been  nursed  to 
their  heart's  content  before  the  mother  seals  took  their  departure,  stand 
at  least  an  equal,  if  not  superior,  chance  of  life,  until  their  mother's 
return  from  the  feeding  grounds,  even  giving  them  wide  margins  for 
delays. 

The  pups  driven  up  for  native  use  in  the  fall  were  always  full  to 
overflowing  with  milk,  their  stomachs  containing 
nothing  else.    These  pups  are  as  round  and  jdump      W.  s.  iTercford,  p.  35. 
as  partridges,  while  those  dead  on  the  rookeries, 
unless  killed  by  accidents  of  some  kind,  are  never,  of  the  plump  and 
well  nourished  looking  order,  but  are  generally  lean  and  thin,  bearing 
all  the  external  signs  of  neglect  and  starvation. 


They  do  not  eat  or  drink  anything  except  the 
milk  they  get  from  the  cows. 


Mcoli  Krukoff,  p.  133. 


They  are  nursed  by  the  mother,  who,  after  copulation  has  taken  place, 
is  permitted  by  the  old  male  to  go  at  will  in  quest 
of  food.   At  about  six  weeks  old  the  young  gather     h.  w.  Mcintyre,  p.  136. 
in  groups  and  shortly  after  learn  to  swim,  but 
depend  for  a  long  period  upon  the  mother  for  sustenance,  hence  her 
destruction  must  result  in  the  death  of  the  young  through  starvation. 


ii 


f 


Until   1891  we  were  allowed    to  kill  several 
thousand  pup  seals  for  food  in  November,  about 

9  BS 


Anton  MelovedofftP,  144. 


w 


130 


THE    PUPS. 


ii 


the  time  '/hey  were  ready  to  leave  the  island.  We  generally  killed  ten 
or  twelve  for  every  i)er8oii  on  the  island,  and  when  we  killed  them 
they  were  always  found  to  be  full  of  milk. 

The  pup,  however,  seems  to  make  no  distinction  between  the  cows, 

endeavoring  to  nurse  from  any  which  come  near 

J.  n.  Moiilton,  p.  72.     it.    Then,  too,  a  pup  is  not  weaned  till  it  is  four 

or  more  mouths  old,  depending  eutirely  ou  its 

mother  for  sustenance. 

The  pup  is  entirely  dependent  on  its  dam  for  sustenance,  and  when 

it  is  a  few  days  old  she  goes  into  the  sea  to  feed, 

L,  A.  No!ica,p.  82.        returning  at  intervals  of  a  few  hours  at  tirst,  and 

gradually  lengthening  the  time  as  the  pups  grow 

older  and  stronger,  until  she  will  be,  sometimes,  away  for  a  whole  week. 

•  •••••* 

They  make  no  ettbrt  to  secure  sustenance  of  any  sort  beyond  that 
furnlsiied  by  their  dams. 

1  have  examined  many  pups  at  the  food  killings  in  November,  and  I 
never  found  anything  but  milk  in  their  stomachs. 

At  birth  and  ibr  several  weeks  after  the  pup  is  utterly  helpless  and 
entirely  dependent  on  its  dam  for  sustenance,  and 
J.  c.  Redpath,  p.  148.     should  anything  prevent  her  return  during  this 
period,  it  dies  on  the  rookery.    This  has  been 
demonstrated  beyond  a  doubt  since  the  sealing  vessels  have  operated 
largely  in  Bering  Sea  <luring  the  months  of  July,  August,  and  Septem- 
ber, and  which,  killing  the  cows  at  the  feeding  grounds,  left  the  pups 
to  die  on  the  islands. 

After  learning  to  swim,  the  pups  still  draw  their  sustenance  from 
the  cows,  and  I  have  noticed  at  the  animal  killing 
J.  C.  itedpath,  p.  149.     of  pups  for  food  in  November,  that  their  stomachs 
were  always  full  of  milk  and  nothing  else,  al- 
though the  cows  had  left  the  island  some  days  before.    I  have  no 
knowledge  of  the  pu])s  obtaining  sustenance  of  any  kind  except  that 
furnished  by  the  cows;  nor  have  I  ever  seen  anything  but  milk  in  a 
dead  pup's  stomach. 

The  death  of  every  such  mother  seal  at  sea  means  the  death  of  her 
puj)  on  shore,  because  it  is  absolutely  and  entirely 
Danl.  Webster,  p.  183.    dependent  on  her  for  its  daily  sustenance. 

VITALITY. 


Page  107  of  The  Case. 
(8e«  "The  Cows— Feeding  ExcnrsionH.") 

S.  Artomanoff,  p.  100.      When  the  pup  is  2  or  3  weeks  old  the  mother 
often  stays  away  for  five  or  six  days  at  a  time. 

Ho  also  said  that  the  pups  could  live  on  land  at  least  seven  or  eight 
Jno.   Malowanaky    p.  days  without  snstonance  and  that  those  born  in 


198. 


the  water  would  immediately  drown. 


THE  BULLS — ARRIVAL  AT  THE  ISLANDS. 


131 


I  have  noticed  in  the  killing  of  young  seals  (pupa)  for  food,  in  Noveni' 
ber,  that  their  stomachs  were  full  of  milk,  although 
apparently  the  mothers  had  not  been  on  the  is-     Danl.  WebBtm;  p.  WO. 
lauds  for  several  days  previous. 


THE  BULLS. 

ABBIYAL  AT  l.HE  ISLANDS. 

Page  108  of  The  Case. 

In  May,  the  bull  seals  commence  to  haul  upon     William  BreHnan,p.  639. 
the  rookeries,  and  the  cows  come  three  or  four 
weeks  later. 

Old  bulls  and  nmle  seals  appear  to  enter  Bering   Henry  Broum,  p.  318. 
Sea  before  the  cows  leave  the  coast. 


al- 


The  records  kept  upon  the  islands  concerning  the  arrival  of  seals 
show  that  in  the  last  days  of  April  or  first  days 
of  May  the  bulls  begin  to  make  their  appearance.  J-  Stanley  Brown,  p.  13. 
The  first  arrival  on  St.  Paul  in  1871  was  on  May 
4,  ill  1890  on  April  20.  In  the  year  1876  the  unusual  fact  appears  in 
the  record  that  a  large  number  of  bulls  were  in  the  waters  about  the 
island  on  February  15. 

I  have  further  observed  the  fact  that  the  bulls  have  a  tendency  to 
return  to  the  same  place  on  the  same  rookery  year 
after  year.    One  bull  in  particular,  which  1  knew     Chat.  Bryant,  p.  7. 
from  his  peculiarities,  returned  to  the  same  rock 
for  five  seasons. 

In  the  spring,  as  early  as  February  or  March,     ButhBurdukoftkietal., 
the  big  bulls  first  came.  p-  206. 

The  "  wigs"  (the  old  male  seals)  are  the  first  seals  to  arrive  on  the  rook- 
eries ;  coming  about  the  middle  of  October.    They 
fight  for  advantageous  places  on  the  beaches  and     Jaa.  W.  Budington,  p. 
never  leave  their  positions  after  once  being  estab-  ^^^-  (.-^ntarotio). 
lished.        *    »    ♦ 

Seals  always  go  back  to  the  same  rookery  after  a  migration  and  gen- 
erally endeavor  to  get  the  same  position  on  a  beach. 

The  full  grown  male  seals  commence  to  appear  about  the  islands 
during  the  latter  part  of  April  or  first  of  May. 
They  come  from  the  southeast  through  the  passes     8.  N.  Buynitaky. 
between   the  Aleutian    Islands.    The  bulls,  as 
these  seals  are  called,  do  not  immediately  land,  but  swim  about  survey- 
ing the  coast;  finally,  they  come  on  shore  at  the  breeding  rookeries, 
invariably  selecting  a  shore  covered  with  bowlders  and  avoiding  sand 
beaches,  for  the  reason,  I  believe,  that  when  the  pups  are  born  on  these 
rookeries  they  may  not  be  swept  away  by  the  surf.    I  believe  also  that 
a  bull  comes  back  to  tlie  same  rookery  every  season.    This  belief  was 
formed  tiom  information  I  received  &'om  several  oi  the  natives  of  the 


;1- 


i 


w 


I 


Ifil 


I 


132 


THE   BULLS. 


island  s,  who  told  me  that  they  had  at  one  time  cnt  the  ears  of  some 
pups  so  tluit  tliey  could  be  readily  diHtin^uished ;  that  when  the  pups 
were  grown  they  had  noticed  each  one  on  a  i)articnlar  rookery,  and  that 
in  the  years  following  the  rookery  had  the  same  occupant. 

Toward  the  latter  part  of  October  the  "  wigs,"  or  full-grown  males, 

begin  to  congregate  on  the  breeding  rookeries. 

Geo.    Comer,  p.    597  A  "wig"  weiglis  anywhere  from  250  to  500  pounds, 

{Antarctic).  jj|,q  umt^t  1,^  fym-  yj.  gye  years  old  before  he  has 

strength  and  endurance  enough  to  maintain  a 
place  on  the  rookery. 

The  battles  for  position  between  the  rival  "  wigs "  are  most  fierce, 
but  at  last  they  all  get  their  places,  and  await  the  coming  of  the  "clap 
matches,"  or  females. 

0.  L.  FotcJer,  p.  26.         The  bull  seals  arrive  on  the  islands  from  the 
latter  part  of  April  to  June  15. 

John  Fratia,  p.  108.         The  seals  came  to  the  islands  in  spring  ana  they 

came  from  the  southward. 
The  first  bulls  arrive  late  in  April  or  very  early  in  May,  and  they  are 
coming  along  till  June. 

W.  s.  Hereford,  p.  36.  The  first  arrival  of  bulls  is  about  the  same  time 
as  formerly,  but  after  that  they  fill  in  very  much 
slower. 


L.  Kimmel,  p.  173. 


The  bulls  (males  6  years  old  and  upwards)  be- 
gan to  come  to  the  island  the  first  pait  of  May. 


The  seals  came  to  the  islands  in  the  spring  and  they  come  from  the 

»r.   ..  ^   >  «     ,oo     south  througn  the  passes  of  the  Aleutian  Islands. 
Nicoh  Krakoff,p.  133.     rpj^^  jj^n^  ^.^^^  ^^.^^  j^  ^^.^^ 

The  bull  seal  arrives  at  the  island  early  in  May,  and  takes  his  place 
^   r-       in«      on  the  breeding  rookery,  and  he  stays  there  until 
Affgci  Ku»hm,p.  129.      ^ug^st  or  September  without  food. 

The  seals  come  to  the  islands  every  year  from  the  southward,  through 
the  passes  of  the  Aleutian  Islands;  and  the  bulls 
j»<oBif«Jopedo/,p.  144.  reach  the  islands  late  in  April  or  early  in  May, 
and  they  continue  to  haul  out  till  June.    They 
select  their  stations  on  the  rookeries,  and  I  believe  they  generally  re- 
turn to  the  spot  they  occupied  the  previous  year. 

I  have  observed  certain  bull  seals  return  year  after  year  to  the  same 

place  on  the  rookeries,  and  I  have  been  informed 

T. F.Morgan, p. Qi.        by  natives,  that  have  lived  on  the  islands,  that 

this  is  a  well-known  fact  and  has  been  observed 

by  them  so  often  that  they  stated  it  as  an  absolute  fact. 

The  first  arrivalsof  seals  at  the  islands  usually  take  place  early  in  May. 
These  are  of  the  class  of  large  bulls  which  oo- 
Jno.  M.  Morton,  p.  66,     ^^^y  positions  on  the  rookeries. 


ARRIVAL  OP   THE   COWR. 


133 


Upon  thoir  return  to  the  islands  in  the  sprinp  the  seals  approach  the 
land  confidently  and  their  occupancy  of  tliu  roolc- 
eries  is  rcfjular  and  systematic.    That  the  male     Jno. M.Morton, p. 70. 
seal  returns  year  by  year  to  the  same  familiar  spot 
or  i;round  on  the  rookeries,  when  it  is  ])()ssible  for  him  to  do  so,  appears 
to  be  probable.    I  have  seen  this  fact  dcinonstrat4'd  in  certain  instances 
without  any  possibility  of  error;  and  wlien  this  is  considered,  and  his 
well-known  systematic  and  methodic  habits  are  taken  into  considera- 
tion, the  theory  that  such  is  the  prevailing  practice,  at  least  among  the 
rookery  bulls,  seems  a  most  natural  and  plausible  one. 

I  do  not  know  by  what  instinct  they  were  led  to  this  remote  region  to 
which  they  yearly  return.    The  bulls  begin  to  ar- 
rive upon  the  breeding  rookeries  about  the  Ist  to     a.  E.  yettleton,p.T5. 
the  10th  of  May;  they  then  select  their  locations, 
which  they  hold  during  the  season. 

Early  in  May  the  bulls  ap])roach  the  islands  and  after  cautiously 
and    carefully  reconnoitering  the   surroundings 
haul  out  .and  select  their  stations  on  the  rookeries,     J-  C.  Redpath,p.  148. 
where  they  patiently  await  the  coming  of  the  cows. 
•    •    *    In  my  opinion,  the  bull  seal  returns  to  the  sjwt  he  occupied 
the  preceding  years,  and  I  know  of  several  instances  where  he  could  be 
distinguished  by  the  loss  of  an  eye  or  flipper,  in  which  he  actually  did 
return  for  a  series  of  years  to  the  same  simt. 


The  bulls  generally  begin  to  arrive  on  the  island 
during  the  that  part  of  the  month  of  May. 

ARRIVAL  OP  THE  COWS. 


Thomuu  F.  Ryan,  p.  174. 


Page  108  of  The  Case. 

About  one  month  after  the  arrival  of  the  bulls  or  in  the  first  days  of 
June  the  females  begin  to  appear.    In  1891  the 
maximum  of  daily  arrivals  was  reached  from  June     j.  Stanley  Broum,p.  13. 

24  to  28. 

•  •••••• 

The  time  of  the  arrival  of  the  virgin  cows  is  not  easy  to  determine, 
but  from  my  observation  my  present  conclusion  is  that  they  arrive 
with  the  cows  and  for  a  while  spend  their  time  in  the  water  or  on  the 
land  adjacent  to  the  rookery  margin. 

The  females  or  "  clap-matches  "  come  a  month 
later  and  are  captured  by  the  "  wigs  "  who  get  as     Jas.  W.  Budington,  p. 
many  as  they  can  take  care  of.    We  never  killed  595(JM<a»c«c). 
the  seals  until  the  females  had  arrived. 


Last  of  all  in  early  June  came  the  mothers  or 


"  matkie  "  which  were  in  haste  to  reach  the  land  ^j  ^  2O6. 
to  be  delivered  of  their  young. 


Ruth   BurdukofsJci     et 


The  female  seals  begin  to  arrive  the  latter  part 
of  May,  going  directly  to  the  breeding  rookeries. 


<S.  N.  Buynitaky. 


About  the  10th  of  November  the  females  begin     Oeo.    Comer,   p.   598 
to  arrive,  and  land  on  the  breeding  rookeries.        iAntarotio). 


I, 


If 


134  THE   BULLS. 

C.  L.  FowJer,  p.  25.  The  COWS  come  to  jhe  islands  between  June  1 

audJuly^O. 

Jno.  Fraiia,  p.  108.  The  COWS  appear  about  the  10th  of  June,  and 

tliey  are  all  ou  the  ruokuries  about  the  middle  ot 
July. 

W.  S.  Ucre/ord,  p.  36.      The  females  for  the  last  few  years  have  be^n 
somewhat  later  [than  the  bulls]  in  their  arrival. 


L.  Kimmel,  p.  173. 
NicoU  Krukoff,  p.  133. 


The  cows  did  not  come  till  the  latter  part  of  the 
mouth  and  the  first  part  of  June. 

The  cows  begin  to  haul  out  in  June  and  they 
are  all  on  the  rookeries  about  the  middle  of  July. 


If' 


The  cows  begin  to  haul  out  in  June  and  take  their  places  on  the 
breeding  rookeries  beside  the  bulls,  where  the 

AggciKu8hcn,p.  129.  young  pups  are  born,  in  from  one  to  three  days 
after  the  arrival  of  the  cows. 

My  observation  has  also  been  that  while  male  seals  are  sometimes 
timid  about  coming  aslKire,  the  fem<ales  being 
Jno.  Malowanaky,  p.    about  ready  to  pup,  haul  up  on  the  land,  even  in 
^^'  spite  of  unusual  or  unfavorable  conditions. 

Anton  Melovedoff,  p.      The  COWS  begin  to  haul  out  early  in  June,  and 
144.  they  continue  to  haul  out  until  about  the  middle 

of  July. 

The  females,  as  a  class,  begin  to  appear  in  June,  and  by  the  middle 
of  July  the  whole  of  the  vast  herd  may  be  said  to 
Jno.  M.  Morton,p.66.   have  arrived  and  established  itself. 

During  the  latter  part  of  June  and  the  early  part  of  July  the  cows 
begin  to  arrive  heavy  with  young,  of  which  they 

S.  s.  Netileton, p.  75.  are  delivered,  usually,  forty-eight  hours  after  their 
arrival. 

The  mother  seals  or  cows  commence  to  haul  out  about  June  10,  and 
nearly  all  of  them  are  on  the  rookeries  by  July 
J.  C.  Eedpath,  p.  148.      15th. 

Thovicu  F.Ryan, p.  174.     The  COWS  begin  to  appear  about  Juneu 

ORGANIZATION  OF  THE  HABEMS. 

Pafeel09ofTheCB8O. 

The  male  seal  establishes  himself  on  the  breeding  rookery  in  May  or 
June,  when  he  is  7  or  8  years  old,  and  he  fights 
^f^o^  ^riomanoff,    j^p  jij;,  cows,  and  does  not  leave  the  place  he  has 
*■  selected  until  August  or  September. 


ORGANIZATION   OF    HAREMS. 


135 


The  bullH  clioose  snch  {jroniHl  as  tlu'.v  moan  to  I  Did  tlirough  the  sum- 
mer, tight  savagely,  and  the  strongest  wins.    Kacli 

haK  his  own  family,  and  shouhl  a  stnuigei"  aj>-    "  (7/trtm //»t«nan,  j».  350. 
proach  there  is  war.    On  the  rookeries  one  may 
see  all  classes  of  seals  apart  from  each  other,  the  bulls  and  breeding 
cows  in  one  place  and  the  young  in  another. 

Upon  reaching  the  islands  in  early  tlune  I  found  that  the  bulls,  in 
accordance  with  their  habit,  had  not  «»nly  pre 

empted  their  claims  upon  the  breeding  grounds  J.  Stanley  Brown, p.  15. 
but  were  well   established   in    their  possession. 

Heing  polj'gamous  each  bull  seeks  to  gather  around  himself  as  many 
cows  as  jiossible  to  form  what  has  appropriately  been  called  his  "har- 
em." Here  and  there  at  wide  intervals  a  few  cows  were  already  to 
be  seen  beside  them  but  at  no  time  during  the  season  were  the  rook' 
eries  free  from  the  contention  of  the' males  that  songht  by  ccKixing  or 
theft  to  procure  females  with  which  to  increase  their  harems,  and  from 
the  time  I  landed  until  the  close  of  .July  no  master  of  a  harem  aban- 
doned his  position  to  procure  either  food  or  water.  These  bulls  during 
the  breeding  season  were  the  embodiment  of  ferocity  and  at  no  time 
did  I  see  one  of  them  that  would  not  instantly  and  liercely  resist  any 
encroachment  upon  his  territory  whetlier  it  were  made  by  his  neighbor 
or  by  man.  At  no  time  would  a  bull  fail  to  scramble  across  the  rocks 
or  course  rapidly  around  his  harem  to  coerce  a  rebellious  or  deserting 
consort.  The  creature  that  can  exist  without  nourishment  for  eighty 
or  ninety  days  while  subject  to  the  greatest  physical  exertion  and  strain 
must  possess  a  vitality  unsurpassed  by  any  otluT  member  of  the  ani- 
mal kingdom  and  must  bequeath  to  its  oflspriug  even  in  their  imma- 
turity an  unusual  cai)acity  for  endurance. 

•  •  •  •  •  •  • 

The  number  of  females  which  a  bull  is  able  to  gather  around  him  to 
form  his  harem,  depending  as  it  does  in  some  measure  up(m  topographic 
conditions,  may  be  represented  by  the  extremes  of  one  and  seventy-live. 
The  average  number  of  last  year  w^as  about  twenty  or  tweuty-ttve.  Un- 
usually large  harems  were  iufrequeut. 

When  the  male  seal  returns  after  his  sixth  or  seventh  migration  he 
goes  to  the  breeding  rookeries,  and,  if  he  is  able, 
becomes  master  of  a  harem  witli  the  title  of  "•  see-    chas.  Bryant,  p.  6. 
catch."    He  arrives  now  at  the  islands  during  the 
month  of  May,  and  after  repeated  battles  obtains  a  place  upon  the  breed 
ing  grounds. 

Here  he  gathers  about  him  as  many  cows  as  he  is  able  to  place  with- 
in the  radius  of  the  area  controlled  by  him;  the  average  seen  at  one 
time  while  I  was  on  the  islands  was  from  15  to  20  to  a  bull;  but  as  the 
cows  were  constantly  going  to  and  coming  from  the  water  it  is  im- 
possible to  calculate  accurately  the  nund)er  to  a  harem.  Probably  not 
all  the  cows  belonging  to  a  bull  were  on  shore  at  any  one  time. 

When  I  first  went  to  these  regions  a  "  pod"  or  family  consisted  of  a- 
"wig"  and  12  or  15  "clap-matches,"  but  tliis  year 
everything  was  disorganized  and  not  more  than  2  595 '^'^,,7^,.^^;")^'""'  ^' 
or  3  seals  were  together;  sometimes  there  being 
1  " clap-match "aud2  "wigs."  There  were  in  1891  about  as  many  " wigs " 


i  4 


'i 

|n1 


136 


THE   DULLS. 


ii 


as  "olap  matclioa."  Tliis  pqnnlity  of  iminhors  of  the  sexoa  on  thf  rook- 
cries  is  imiiaturiil,  as  tliu  seals  are  poly^^aiiious.  Tliu  cause  (f  the 
){r('at  railing  otl'  in  the  number  of  '^chip-niatehes"  18  we  used  to  kill  a 
(lo/en  I'einaU's  to  one  male,  and  so  not  only  the  males  are  in  excess  but 
the  species  has  been  destroyed  by  killing  the  producers. 

Ea«'h  "  wig"  gets  about  him  as  many  "clap matches"  as  he  can,  the 
average  vumber,  I  should  say,  being  tVom  ten  to 


(ifo.     Comer, 
(AiilurclU:) 


598. 


twenty.    The  "wig"  never    allows  the  "clap- 
match'^  to  leave  his  harem  for  some  time,  always 
seizing  her  and  dragging  her  buck  if  she  attempts  to  go  into  the  water. 

When  the  male  reaches  the  age  of  7  or  8  years  he  seeks  the  rooker- 
ies, and  is  then   able  to  maintain  his  position 
Saml.  Falconer,  pA&i.    against  his  fellows.    He  has  come  earlier  than 
formerly  to  the  islands,  having  arrived  in  May, 
and  after  a  little  investigation  has  landed  upon  the  breeding  grounds, 
giving  battle  to  all  who  endeavor  to  usurp  his  place.    1  have  seen 
twenty  cows  or  more  about  a  bull,  but  of  course  the  exact  number  in 
a  hareuj  is  a  matter  of  conjecture,  as  many  cows  are  absent  in  the 
ivater  at  all  times  after  the  season  has  fairly  conimeuced. 

A  male  seal  is  over  5  years  of  age  before  he  is  able  to  maintain  him- 
self on  the  breeding  rookeries  against  the  attacks 
Louiit  Kimmet,  p.  173.       of  his  fellows. 

The  seals  are  polygamous  in  their  habits  as  to  breeding,  and  each  full- 
grown  and  vigorous  male  animal  endeavors  to 

E.  W.  Mclntiire,p.  135.  gather  around  himself  the  largest  possible  number 
of  females,  and  to  appropriate  and  hold  by  force 
the  space  necessary  for  them  and  the  ^  young.  Accordingly,  when  the 
males  return  to  the  islands,  beginning  in  May  of  each  year  (in  favora- 
able  seasons  some  may  be  seen  in  April),  the  most  desirable  locations 
on  the  breeding  grounds  are  appropriated  by  the  strongest  and  most 
vigorous  males,  while  the  weaker  or  half-grown,  or  young,  are  forced 
to  take  places  more  remote  from  well-defined  centers  of  population. 

In  June  the  femalesdriven  by  the  near  approach  of  maternity  arrive, 
and  on  landing  are  forced  by  the  nearest  male  to  remain  near  himself 
as  long  as  possible,  but  as  the  space  he  can  hold  is  limited  and  soon 
filled,  his  neighbors  attemi)t  to  steal  from  his  harem,  which  gives  rise 
to  tierce  contests,  in  which,  not  infrequently,  the  female  is  the  victim 
and  is  maimed  or  killed,  and  the  young  (pups),  perhaps  just  born,  are 
trampled  and  crushed;  hence  it  is  evident  that  a  superabundance  of 
males  on  the  breeding  grounds  is  not  desirable,  and  it  is  also  evident 
that  an  intelligent  and  carefully  applied  system  of  killing  males  only 
must  result  favorably  to  seal  life,  by  preventing  overcrowding,  and 
thus  removing  the  cause  of  a  constant  warfare  which  could  not  fail  of 
being  fatal  to  vast  numbers  of  females  and  young  of  both  sexes. 

After  the  fifth  or  sixth  migration  the  male  seal,  now  called  a  bull, 

returns  to  the  islands  about  the  first  of  May  and 

T.  F.  Morgan,  p.  63.      hauls  up  ou  the  breeding  rookeries,  provided  he 

is  able  to  maintain  himself  there,  which  takes 

many  bloody  conflicts.    There  he  gathers  about  him  as  many  females 

as  he  is  able. 


POWERS   OP   PERTILTZATTON. 


137 


In  about  tho  Rnnie  leiiKtli  of  tiino*  iiftcr  the  birth  of  their  ono  pup 
they  have  coitiuii  witli  tlie  iiiiile,  upon  the  r(M)kcr- 
ien,  and  tliun  return  to  tlie  water  to  Iced.    Tlie   s.  n.  NettUion,  p.n. 
bull — tlie  K)rd  of  the  harem — reniainHon  tlie  rook- 
ery during;  the  entire  seivHon  of  about  four  ntonthn,  protentinf;  the 
young  and  preventing  the  invasion  of  his  domain  by  neighboring  bullH 
and  from  the  young  and  vigorous  bachelors  who  have  not  yet  rea4'hed 
the  age  and  condition  of  strength  to  enable  them  to  cope  successfully 
with  the  older  males,  who,  by  reason  of  their  superior  strength,  are  able 
to  hold  their  position  against  all  comers. 

The  male  breeding  seals,  or  bulls,  begin  to  haul  out  on  the  breeding 
rookeries  early  in  May,  and  they  come  in  more 
and  moie  rapidly  as  the  month  advances,  and  se-    l.  a.  Koyet,  p.  81. 
lecting  their    respective  stations   lie  down  and 
sleep  almost  contimnmsly  until  within  a  few  (V,ys  of  the  coming  of  the 
females  or  cows,  when  they  assume  a  sitting  ])(-:^ wire  and  set  up  a  bel- 
lowing noise  peculiar  to  themselves,  which  I  sur»|>ose  to  be  a  ^^call"  to 
the  ap])roaching  herd  of  cows.    It  is  at  this  tiuie  the  bull  appears  at  his 
best  an<l  in  his  most  aggressive  mood.  ■  id  nuae  but  tiie  physically 
strong  and  successful  are  allowed  to  remciin  within  striking  distance 
of  the  veterans. 

Tiic  cows  begin  to  haul  out  in  June,  and  p'  actically  they  are  all  on 
the  breeding  rookeries  by  July  15.  Immediately  on  arriving  they  are 
taken  ]>ossession  of  by  the  bulls,  the  strongest  and  most  aggressive  se* 
curing  the  greatest  number,  and  guarding  with  jealous  care  and  in- 
creasing vigilance. 

The  bulls  maintain  their  positions  on  the  rookeries  firom  the  time 
they  arrive  till  the  cows  come  by  most  bloody  bat- 
tles, and  after  the  cows  commence  arriving  they    Dani.  Web$ter,p.  183. 
are  continually  contending  for  their  possessions. 
During  these  conitlcts  they  are  often  seriously  wonnded,  and  their  ex- 
ertions are  far  more  violent  than  any  efibrt  made  by  a  young  male  dur* 
ing  a  "  drive." 

We  find  some  barren  female  seals — female  seals  too  old  to  breed, 
or  that  for  some  reason  have  not  bred.    I  have 
often  wondered  that  there  are  not  more  barren  ^„^J.*";  o£  pW""*" 
seals.    The  males  on    the  islands  will    secure     ''    P'         '^" 
twenty  or  twenty-tive  females,  and  the  male  being  constantly  engaged 
in  fighting,  it  is  likely  that  many  of  the  females  are  neglected. 

POWEES  OF  FERTILIZATION. 


'    ■■■[% 


i 


bull, 
ly  and 
ed  he 

takes 
uuales 


Page  109  of  The  Case. 

From  my  observation  as  to  th»  vitality  of  male  seals  I  believe  that  it 
is  difficult  to  determine  with  absolute  accuracy 
the  capacity  of  the  bull  for  rookery  service,,  as  it   j.  Stanley  Brown,  p.  U. 
must  in  large  measure  depend  upon  the  personal 
equasion  of  the  individual,  but  I  am  nevertheless  of  the  opinion  that 
a  conservative  estimate  would  be  that  he  could  serve  without  difti(!ulty 
at  least  one  cow  per  day  during  his  stay  upon  the  rookery.    Possibly 

*  Forty-eight  hoars. 


>« 


W: 


188 


THE   BULLS. 


the  best  resnlt"?  wtrald  not  be  achieved  thereby,  bntthia  capacity,  talceri 
in  connection  with  tlie  fact  that  young  males  persistently  seek  their 
opportunities  upon  the  rookery  margins  and  at  the  water's  edge  during 
the  entire  season,  leaves  no  doubt  in  my  mind  that  nf»  breeding  female 
leaves  the  island  unimpregnated.  This  view  is  further  borne  out  by 
the  fact  that  in  the  first  days  of  rookery  life  I  repeatedly  counted  groups 
of  fiemale  seals  by  the  side  of  each  of  which  lay  her  pup. 


Chas.  Bryant,  p.  6. 


And  I  am  of  the  opinion  that  a  bull  could,  if  nec- 
essary, serve  seventy-five  to  a  hundred  cows  dur- 
ing a  season. 


I  am  of  the  opinion  a  bull  can  easily  and  effectively  serve  fifty  or  more 
Saml.  Falconer,  p.  166.  ^^f »  ^^  »  Season,  and  I  think  at  first  he  will  fer- 
tilize SIX  to  eight  a  day. 

I  believe  one  bull  capable  of  serving  at  least 
fifteen  or  twenty  cows,  Mith  most  desirable  results. 


C.F.E.  Krebs,  p.  195. 


It  is  my  opinion  that  a  bull  is  able  to  fertilize  a  hundred  or  more 
cows,  and  this  fact  based  upon  my  observations 

B.F.Scnhncr, p.  89.  of  the  habits  and  conditions  of  the  males  while 
located  in  the  rookeries. 

It  is  my  opinion  that  9  bull  is  able  to  vserve  from  three  to  five  cows  a 
day,  and  certainly  over  a  hundred  ii  a  season.    I 

W.  B.  Taylor, p.  177.  have  seen  over  forty  cows  at  one  time  in  a  harem, 
and  the  bull  who  possessed  this  harem  was  con- 
tinually striving  to  obtain  more  cows. 

Then,  too,  the  male  seal  must  have  great  vitality  to  remain  on  the 
rookeries  for  three  nionths  without  eating  or  drink- 

Dani.  Websier,p.l9,Z.  ing  and  with  very  little  sleep.  In  spite  of  this  drain 
on  his  vital  force  he  is  able  to  fertilize  all  tho 
cows  which  he  can  get  possession  of,  and  a  barren  cow  is  a  rarity.  I  be- 
lieve that  a  bull  can  serve  one  hundred  or  more  cows,  and  it  is  an  absurd- 
ity to  think  that  an  animal  possessing  such  remarkable  vigor  could  be 
made  imiwtent  by  being  driven  or  redriven  when  a  "  Bachelor."  An 
inipotent  bull  would  have  neither  the  inclination  or  vigor  to  maintain 
himself  on  the  rookeries  against  the  fierce  and  vigorous  possessors  of 
harems.  The  only  bulls  hauling  up  away  from  the  breeding  rookeries 
are  those  whose  extreme  old  age  and  long  service  have  made  them  impo- 
tent and  useless,  and  I  have  never  seen  or  heard  tell  of  anything  that 
would  make  an  exception  to  this  rule. 

COITION. 

Page  110  of  The  Casft. 

I  am  asked  whether  the  seals  copulate  in  the  water.    It  is  a  ques- 
tion that  is  often  discussed  at  the  islands,  and 
Jno.  Armstrong,  p.  2.     neither  the  scientific  observers  nor  the  unscientific 
are  able  to  agree  about  it.    I  have  seen  seals  in 
position  when  it  seemed  to  be  attempted,  but  doubt  whether  it  is  ef- 
fectually accomplished.    If  it  were,  1  think  we  should  see  pups  soiue- 
tinics  born  late  and  out  of  season,  but  such  is  not  the  case. 


COITION. 


ity,  taken 
eek  their 
^tularin  jj 
i^f  female 
le  out  by 
id  groups 


ld,if  nec- 
iows  dur- 


Y  or  more 
B  will  fer- 


:  at  least 
le  results. 

.  or  more 
ervations 
lies  while 


ve  cows  a 

.eason.    I 

a  liarem, 

was  con- 


m  ou  tlie 
ortlriiik- 
this  drain 
e  all  tlio 
ty.    I  be- 
ll absurd- 
could  be 
or."    An 
maintain 
essors  of 
ook  cries 
em  impo- 
iiug  that 


139 


Pelagic  coition  I  believe  to  be  impossible.  The  process  upon  land 
by  reason  of  the  formation  of  the  genital  organs 
is  that  of  a  mammal;  is  violent  in  character,  and  j.  Stanley  Brown, p.  u. 
consumes  from  live  to  eight  minutes.  The  relative 
sizes  of  the  male  and  female  are  so  disproportionate  that  coitus  in  the 
water  would  inevitably  submerge  the  female  and  require  that  she  re- 
main under  water  longer  than  would  be  possible  to  such  an  amphibian. 
I  have  sat  upon  the  clitt's  for  hours  and  watched  seals  beneath  me  at 
play  in  the  clear  water.  It  is  true  that  many  of  their  antics  might  be 
taken  for  copulation  by  a  careless  observer,  and  this  may  have  given 
rise  to  the  theory  of  pelagic  coition.  I  have  never  seen  a  case  of  the 
many  observed  which  upon  the  facts  could  properly  be  so  construed. 

In  watching  the  seals  while  swimming  about  the  islands  I  have  seen 
cases  where  they  appeared  to  be  copulating  in 
the  water,  but  I  am  certain,  even  if  this  was  the    chaa.  Bryant,  p.  6. 
cfise,  that  the  propagation  of  the  species  is  not  as 
a  rule  effected  in  this  way,  the  natural  and  usual  manner  of  coition 
being  upon  land. 


I  am  also  convinced  that  copulation  takes  place  on  land  before  they 
migrate;   the  period  of  gestation  being    about   j^,.   jp.  Badington.p. 

595  (Antarolio). 


eleven  months. 


The  female  this  season  [second]  is  probably  fertilized.    As  a  general 
rule  the  impregnation  is  by  the  bull,  to  whose 
harem  she  belongs,  and  not  by  the  young  males,  as    Saml  Falconer,  p.  165. 
has  sometimes  been  stated.    These  j'oung  males 
always  pursue  a  female  when  she  is  allowed  to  leave  the  harem  and  go 
in  the  water,  but  she  refuses  them.    I  am  positive  from  my  observa- 
tions that  copulation  in  the  water  could  not  be  effectual,  and  would  be 
a  most  unnaturai  occurrence. 


I  do  not  beUeve  it  possible  for  fur  seals  to  breed  or  copulate  in  the 
water  at  sea,  and  never  saw  nor  heard  of  the  ac- 
tion taking  place  on  a  patch  of  floating  kelp. 


Norman  Hodgson,  p.  367. 


It  has  been  said  that  copulation  also  takes  place  in  the  water  between 
these  young  females  and  the  so  called  "  nonbreed- 
ing  males,"  but  with  the  closest  scrutiny  of  the   n.H.Mclntyre,p.i2. 
animals  when  both  sexes  were  swimming  and  play- 
ing tos:('ther  under  conditions  the  most  favorable  in  which  they  are 
ever  found  for  observation,  I  have  been  unable  to  verily  the  truth  of 
this  assertion. 


i 


•J,; 


i 


a  quoa- 

nds,  and 

scieiitittc 

seals  in 

it  is  ef- 

K)s  some- 


I  desire  also  to  express  my  belief  concerning  the  seal  life  that  the 
act  of  copulation  can  not  be  successfully  per- 
formed in  the  water.    Those  who  have  witnessed     j.  m.  Morton,  p.  67. 
its  acconiplislraeuton  the  rookeries  must  coincide 
with  such  opinion.    A  firm  foundation  for  the  support  of  the  animals, 
which  the  ground  supplies,  and  the  water  does  not,  is  indispensable  to 
oppose  the  pushing  motion  and  forceful  action  of  the  posterior  parts  of 
the  male  which  he  exerts  during  coition.    The  closest  observation 
which  I  have  been  able  to  give  to  the  movements  and  habits  of  the 
seals  in  the  water  has  furnished  no  evidence  to  coatrovert  the  above 
opinion. 


140 


THE   BULLS. 


Sefemng  to  the  question  as  to  whetlier  pelagic  coition  is  possible,  I 
have  to  say  that  I  have  never  seen  it  attempted, 

S.  R.  Neitleton,  p.  75.  but  from  my  observations  I  have  come  to  the 
conclusion  that  pelagic  coition  is  a  physical  im- 
possibility. 

Arthur Nevman,  p.  210.  I  have  seen  seals  sleeping  on  kelp  and  feeding 
about  it,  but  have  never  seen  them  copulate  any* 
where  except  on  a  rookery. 


FASTING. 

Page  111  of  The  Case. 
(See  «lgo  "  The  Cows— Food.") 

He  remains  there  about  three  months,  that  is,  during  the  rutting 

Chaa  Bryant  »  6     reason,  without  eating  or  drinking,  never  leaving 

"     '^'   '     his  position.    •    •    * 

I  do  not  think  the  male  seals  of  any  class  feed  to  any  extent  while 

located  at  the  islands,  but  the  females  are  absent  more  or  less  of  the 

time  in  search  of  food. 


About  the  20th  of  Ifovember  we  used  to  begin  killing,  and  up  to  that 
time  the  "  wigs"  had  never  left  their  positions  to 

(^uirotio)"^'  ^'  ^^'^^ ^^ drink.    I  do  not  know  how  much  longer 

^   "  "    '°  they  would  have  staid  there  fasting  if  we  had  not 

molested  them. 


From  their  arrival  in  May  for  three  or  four  months  the  bulls  remain 
constantly  upon  the  rookeries,  never  leaving  their 
Saml.  Falconer,  p.  166.  positions,  and  never  eating  or  drinking,  and  sleep- 
ing very  little.    When  they  arrive  they  are  enor- 
mously fat,  weighing  from  500  to  700  ])ouuds,  but  when  they  depart  in 
August  or  September  they  are  very  lean  and  lank. 


Jno.  Fratia,  p.  108. 


I  know  the  bulls  do  not  eat  during  their  four 
months'  stay  on  the  islands. 


A  bull  never  leaves  the  breeding  rookery  during  the  entire  breed- 
ing season,  which  is  a  period  of  fiom  two  to  three 
Louis  Kimmel,  p.  74.    months. 

Anton    Meiovedoff,  p.      And  they  stay  there  till  August  or  September 
144.  without  food  or  water,  and  without  much  rest  or 

sleep. 

I  believe  the  bulls  do  not  eat  or  drink  during  their  three  to  four 
month's  sojourn  on  the  island,  and  I  know  they 
a.  Melovidov,  p.  147.    take  little  if  any  rest  or  sleep. 

From  the  time  of  his  landing  until  the  close  of  the  rutting  season  or 
about  the  first  of  August  he  remains  continuously 
T.  F.  Morgan,  p.  SS.      on  the  breeding  grounds,  never  eating  and  sleep- 
ing very  little,  if  at  all.    About  August  1  he 
again  takes  to  the  water,  after  having  fertilized  all  the  cows  in  his  harem, 


DISORGANIZATION   OF   ROOKERIES. 


141 


ossibTe,  I 
tempted, 
16  to  the 
sical  im- 


i  feeding 
date  auy- 


e  mtting 
sr  leaving 

ent  while 
sss  of  the 


ip  to  that 
sitions  to 
sh  longer 
e  had  not 


Is  remain 
ring  their 
ind  sleep- 
are  enor- 
depart  in 


;heir  fonr 


re  breed- 
)  to  three 


jptember 
sh  rest  or 


e  to  four 
low  they 


season  or 
inuously 
nd  sleep- 
ust  1  he 
is  harem, 


very  lean  and  lank,  and  his  harem  becomes  disorganized,  the  pnps 
gathering  into  pods,  the  females  going  and  coming  from  the  water,  and 
the  bachelors  mingling  with  the  cows  and  pups. 

From  the  time  the  bulls  haul  out  in  May  till  they  leave  in  Septem- 
ber they  neither  eat  nor  drink,  and  their  lean  and 
lanky  appearance  in  September  is  in  striking  cOn-   x.  A.  Noyet,p.  81. 
trast  with  their  rotund  form  and  sleek  and  glossy 
coats  in  May. 

When  they  first  appear  upon  the  rookeries  the  bulls  are  fat  and  sleek 
and  very  aggressive,  but  after  a  stay  of  from 
three  to  four  months,  without  food,  they  crawl   j.c.liedpath,p.us. 
away  from  the  rookeries  in  a  very  lean  condition. 


The  bulls  do  not  eat  at  all  while  on  the  breed- 
ing rookeries. 


T.  F.  Ryan,  p.  175. 


I  gather,  too,  from  ftirther  research  that  the  nature  of  their  food  and 
the  source  wlien<!e  it  is  obtained  are  better  under- 
stood than  formerly.    It  is  well  known  that  the    c.M.Scam7aon,p.Vl5. 
bulls  eat  nothing  during  the  rutting  season  and 
while  taking  care  of  their  harems  on  the  islands. 

DISORGANIZATION   OF  THE  ROOKERIES. 
Page  112  of  The  Case. 

The  latter  steps  in  the  history  of  rookery  life  all  facilitate,  if  indeed 
they  do  not  play  an  important  part  in,  the  disor- 
ganization of  the  harem  system.  Just  as  soon  as  j.  Stanley  Broun,  p.  16. 
the  pup  has  reached  the  age  of  forming  pods  and 
making  little  excursions  hither  and  thither,  the  bull's  authority  dimin- 
ishes, for  his  control  over  the  mother  is  lost  in  the  presence  of  the  bleat 
of  the  hungry  offspring. 

Up  to  the  20th  of  July  the  breeding  grounds  present  a  compact, 
orderly  arrangement  of  harems,  but  under  the  combined  influence  of 
the  completion  of  the  serving  of  the  females  and  the  wandering  of  the 
pups,  disintegration  begun  at  that  date  rapidly  progresses.  It  is  at 
this  time  that  the  virgin  cows  of  2  years  of  age,  or  not  older  than  3, 
mingle  more  freely  with  the  females  and  probably  enter  the  maternal 
ranks,  for  the  unsuccessful  males  and  maturer  bachelors,  no  longer 
deterred  by  the  old  males,  also  freely  wander  over  the  breeding  grounds. 


In  August  the  fan.ilies,  or  harems,  break  up  and 
the  cows  scatter  all  over  the  rookeries. 


John  Fratis,  p.  108. 


The  rutting  season  among  the  seals  continues  through  the  months  of 
June  and  July  and  into  the  early  part  of  August, 
and  upon  its  subsidence  the  rookery  bulls,  after     j.  m.  Morton,  p.  67. 
their  long  fasting  of  two  or  three  months,  after 
many  sanguinary  battles,  worn,  starved,  and  emaciated,  return  to  the 
water.    Younger  males  now  make  their  appearance  on  the  rookeries, 
coming  and  going  at  will;  and  now  thousands  and  tens  of  thousands 
of  "pups,"  "podded"  together  ueai*  the  beaches  or  pluuging  and  roll- 


■Bi 


142 


THE  BULLS. 


ing  in  the  surf,  may  be  seen.  By  the  middle  of  September  the  system- 
atic  organization  of  the  rookeries  is  entirely  broken  up,  and  the  major 
part  of  the  seals  have  left  the  land. 

By  the  middle  of  August  the  cows  have  be<iii  fertilized  for  the  next 
year,  after  which  the  harems  are  abandoned,  and 
L.  A.  Xoye$,  p.  81.        the  bulls  begin  to  leave  the  islands,  and  the  fe- 
males and  bachelors  (or  young  males)  intermin- 
gle indiscriminately  on  the  rookeries. 

DEPARTURE  FROM  THE  ISLANDS. 

Page  112  of  The  Case. 

J.  Stanley  Brown,  p.  15.  When  the  season  is  over  the  bulls,  now  reduced 
in  weight,  find  their  way  to  the  sv^a  for  recuiiera- 
tion. 

When  they  arrive  they  are  enormously  fat,  weighing  from  600  to  700 
pounds^  but  when  they  depart  in  August  or  Sep- 
Samuei  Falconer,  p.166.  tember  they  are  very  lean  and  lank. 


C.  L.  Fowler,  p.  25. 


John  Fratia,  p.  108. 


And  most  all  of  them  leave  in  August  and  Sep- 
tember, and  I  have  seen  a  few  as  late  as  October, 

And  the  bulls  begin  to  go  away  late  in  August 
and  all  through  September,  so  that  very  few  are 
left  in  October. 


I 


The  bull  real  arrives  at  the  island  early  in  May,  and  takes  his  place 
on  the  breeding  rookery,  and  he  stays  there  until 
Aggei  Kuahen,  p.  129.     August  or  September  without  tbod. 

When  the  season  ends  and  the  compact  family  organization  breaks 
up,  the  bulls  begin  to  leave  the  islands,  going 
Anton  Meiovedoff,p.  144.  ^way  slowly  through  September  and  early  Octo- 
ber before  they  are  all  gone. 

VITALITY. 

Page  112  of  The  Case. 

<See  "Fowers  of  Fortilization"  and  "Faating.") 

THE  COWS. 


AGE. 

Page  113  of  The  Case. 
(See  also  "Kumber  of  Pups  at  a  Birth.") 

Under  my  direction  microscopic  examinations  were  made  of  the  fe- 
male   reproductive  organs,  which  showed    that 

Cluu.  Bryantfp.  6.  some  of  the  older  females  hud  borne  at  least  eleven 
to  tlurleen  pups. 


NUMBER   OF   PUPS   AT  A   BIRTH. 


143 


HABEM  LIFE. 


J.  Stanley  Drown,  p.  15. 


Page  113  of  The  Case. 
The  period  of  gestatiou  is  between  eleven  and     Report  of  the  American 

twelve  months.  CommJHmoncrs,  p.  326  of 

My  observation  has  been  that  the  female  seal,  '*  '^^ 
prompted  by  the  maternal  instinct,  lands,  chooses 
by  preference  the  rocky  shore,  and  is  permitted  a 
certain  amount  of  freedom  in  going  her  way  untli  just  the  place  most  to 
her  liking  is  found,  but  when  once  parturition  is  completed  she  tlien,  be- 
irg  of  necessity  tied  to  the  spot,  becomes  subject  to  the  control  of  the 
male,  which  control  is  exercised  with  rigor.  Should  the  point  of  access 
to  a  rookery  be  through  a  break  in  the  cKff  that  offers  only  a  steep  in- 
cline the  chances  are  the  bulls  located  near  will  be  favored  by  large 
harems. 

The  frequency  with  which  I  saw  females  select  aflat  stone,  over  the 
edge  of  which  the  posterior  portion  of  the  body  could  hang  previ- 
ous to  delivery,  suggests  an  explanation  of  why  the  rocky  margins  are 
preferred  to  the  sandy  shores.  It  is  not  possible  to  determine  how  soon 
after  the  arrival  of  the  mother  the  pup  is  born,  for  slie  may  have  been 
in  the  water  adjacent  to  the  island  several  days  before  finding  it  neces- 
sary to  come  ashore.  But  the  accouchement  follows  quickly  upon  the 
landing.  Very  soon  thereafter  the  females  receive  the  males,  and  there 
is  uo  doubt  that  the  master  of  the  harem  has  knowledge  of  the  fe- 
male's condition  as  regards  pregnancy,  for,  while  some  of  his  consorts, 
the  latest  arrivals,  are  jealously  guarded,  others  are  permitted  greater 
freedom. 


i:    ■■  t- 


?r 


Within  a  few  days  after  the  birth  of  the  pup  the  "clap  match"  is 
served  by  the  "  wig."     After  being  served  the 
"  wig"  lets  her  go  into  the  water  to  feed,  as  she  has  tfntZltio)^'^' 
to  do  in  order  that  she  may  nurse  her  pup. 

The  cow  after  bringing  forth  her  young  remains  on  the  rookery  until 
again  fertilized  by  the  bull,  which  is,  I  believe, 
witliin  two  weeks.    Tlie  period  of  gestation  is  be-     Sam'l  Falconer,  p.  165. 
tween  eleven  and  twelve  mouths. 

NUMBER  OF  PUPS  AT  A  BIRTH. 


Page  113  of  The  Case. 

Tlie  female  seal  gives  birth  to  but  one  [)up  every 
year,  and  she  has  her  first  pup  when  she  is  3  years 
old. 


Kerrick  Artomanoff,  p. 
100. 


The  female  gives  birth  to  but  a  single  pup.  The 
labor  is  of  short  duration,  and  seems  not  to  pro- 
duce great  pain. 


J.  Stanley  Brown,  p.  15. 


On  returning  the  third  year  the  young  male  goes  again  upon  the 
hauling  grounds  and  the  female  to  the  rookeries, 
where  she  brings  forth  one  pup.    From  this  time      Cluu.  Brjfant,  p.9. 
until  she  is  between  12  and  10  years  of  age  she 
continues  to  bear  one  pup  annually. 


144 


THE  COWS. 


U; 


s.  N.  Buyniuky,  p.  21.  Very  soon  after  a  female  lamds  she  gives  birth 
to  a  pup;  I  think  that  she  never  gives  birth  to 
more  than  one. 

Almost  immediately  on  landing  the  female  drops  her  pup,  it  seldom 
^     /^  coo  /  ^  i    being  more  than  a  day  after  they  come  on  shore. 

arcS         '^  ^  "clap  match"  gives  birth  to   only  one  pup, 

excei)t  in  rare  instances  when  she  has  two.    I 

never  saw  but  one  case  where  a  "clap  match"  had  more  than  one  pup 

at  a  birth. 

After  this  season  and  the  migration  following  the  three-year-old  cow 
lands  ag^in  on  tlie  breeding  rookery  and  gives 
Saml.  Falconer, p,l(&.    birth  to  one  pup;  two  at  a  birth  is  as  rare  an  oc- 
currence as  a  cow  bringing  forth  two  calves,  and 
during  my  entire  experience  I  never  heard  of  this  happening  but  once. 

The  females  soon  after  their  arrival  give  birth  to  their  young,  and  are 
limited,  as  far  as  I  have  been  able  to  observe  from 

J.  M.  Morton,  p.  67.  long  and  close  observation  of  the  rookeries  during 
tlie  breeding  season,  to  a  single  "pup." 

Adoiphua  Sayers,p,  478.    A  seal  never  bears  but  one  pup  at  a  time. 

NOURISHES  ONLY  HEE  OWN  PUP. 
Page  114  of  The  Case. 


K.  Artomanofffp.  100. 


Chas.  Bryant,  p.  5. 


The  mother  seals  know  their  own  pups  by  smell- 
ing them,  and  no  seal  will  allow  any  but  her  own 
pup  to  suck  her. 

A  female  seal  does  not  suckle  any  pup  save  her 
own,  and  will  drive  away  any  other  pups  which  ap- 
proach her. 


8.  N.  Buynitaicy,p.  21.        She  only  suckles  her  own  pup. 


I  have  never  seen  a  "  clap  match  "  suckling  more  than  one  pupj  and  it 
is  my  impression  that  a  "  clap  match  "  would  not 

Geo  Comer, p.  598 {Ant-  „mse  any  pup  except  her  own,  for  I  have  seen  her 
'*'*'  "'^'  throw  other  pups  aside  and  pick  out  one  particu- 

lar one  from  the  whole  number  on  the  rookery. 

And  they  can  not  help  themselves,  and  they  do  not  eat  or  drink 
only  as  they  suck  the  cows.    No  cow  will  let  an- 

Karp  ButeHn,p.l(}i.  other  pup  suck  her;  every  cow  feeds  her  own 
pup. 

It  does  not  seem  to  me  at  nil  likely  that  a  mother  would  suckle  any 
pup  other  tlian  own,  for  1  have  repeatedly  seen 

W.  U.  Dall,p.  23.  a  female  select  one  pup  from  a  large  group  and 

pay  no  attention  to  the  solicitations  of  other 


NOURISHES  ONLY  HER  OWN  PUPS. 


145 


ves  birth 
\  biith  to 


b  seldom 
m  shore, 
one  pup, 
I  two.  I 
one  pup 


r-old  cow 
nd  gives 
ire  an  oc- 
Ives,  and 
but  once. 

r,  and  are 
erve  from 
es  during 


ime. 


by  smell- 
her  own 


save  her 
nrhich  ap- 


ipj  and  it 
oukl  not 
seen  her 
particu- 


or  drink 
11  let  an- 
her  own 


klo  any 
dly  seen 
oup  and 
;her 


A  mother  seal  will  at  once  recognize  her  pup  by  its  cry,  hobbling 
over  a  thousand  bleating  pups  to  reach  her  own, 
and  every  other  approaching  her  save  this  one    Samuel  falconer,  p.  164. 
little  animal  she  will  drive  away.    From  this  fact 
it  is  my  opinion  that  if  a  pup  lost  its  mother  by  any  accident  it  would 
certainly  die  of  starvation,  for  it  would  not  be  allowed  to  derive  nour- 
ishment from  any  other  female.    A  pup,  however,  seems  not  to  distin- 
guish its  mother  from  the  other  females  about  it. 

The  old  mother  seal  will  not  nurse  any  but  its  own  offspring,  and 
can  single  it  out  of  a  band  of  thousands  even     r^  o  it    e  ^ 
after  an  absence  of  days  from  the  islands.  ty.s.He,ejord,j,.dA. 

A  cow  never  suckles  any  but  her  own  pup.    When  a  strange  pup 
approaches  a  cow  she  will  drive  it  away  from  her; 
and  out  of  thousands  of  pups  huddled  together    Louia  Kimmel,p.ni. 
she  will  single  her  own. 


No  cow  will  suckle  any  pup  but  her  own. 


NicoU  Krukoff,  p.  133. 


No  COW  will  suckle  any  pup  but  her  own,  and  I  have  often  watched  a 
cow  driving  pups  from  her  until  she  found  her  own. 
She  knows  her  pup  by  smeUiug  it.  ^^i'"  ^'"'^'''' »'  ^^^ 

Tlie  pups  do  not  appear  to  recognize  their  own  dams,  but  the  mother 
distinguislies  her  own  offspring  with  unerring  ac- 
curacy, and  allows  no  other  to  draw  her  milk.  ^-  ^-  ^"^"'y'"'  P-  *i- 

When  the  cows  return  they  go  to  their  own  pups,  nor  will  a  cow 
suckle  any  pup  but  her  own.    The  pups  would 
suck  any  cow  that  would  let  them,  for  they  do   AntonMelovedoff,p.iu. 
not  seem  to  know  one  cow  from  another. 

The  pup  does  not  appear  to  recognize  its  mother,  attempting  to  draw 
milk  from  any  cow  it  comes  in  contact  with ;  but 
a  mother  will  at  once  recognize  her  own  pup  and    t.  F.  Morgan,  p.  62. 
will  allow  no  other  to  nurse  her.    This  I  know 
from  often  observing  a  cow  fight  off  other  pups  who  approached  her, 
and  seavcli  out  her  own  pup  from  among  them,  which  I  think  she  re- 
cognizes by  its  smell  and  its  cry. 

» 

Eeturned  to  the  rookery,  the  cow  goes  straight  to  the  spot  where  she 
left  her  pup,  and  it  seems  she  instantly  recognizes 
it  by  smelling;  and  it  is  equally  certain  that  the   l.  A.  Noyea,  p. 82. 
pup  can  not  recognize  its  dam.    I  have  often  seen 
pups  attempt  to  suck  cows  promiscuously,  yet  no  cow  will  suckle  any 
pup  but  her  own. 

No  cow  will  nurse  any  pup  but  her  own,  and  I  have  often  watched  the 
pups  attempt  to  suck  cows,  but  they  were  always 
driven  off;  and  this  fact  convinces  me  that  the   j.  c.  Bedpath,  p.  148. 
cow  recognizes  her  own  pup  and  that  the  pup  does 
not  know '  "^^s  dam. 

And  I  think  a  cow  never  gives  suck  to  any  pup 
save  her  own;  I  judge  this  from  my  owuobserva-    2%«»'  B]ian,p.  174. 
tion. 

lU  us 


m 


11 


I! 


146 


THE   COWS. 


A  COW  will  not  suckle  any  pup  but  her  own.  Of  this  I  am  convinced, 
because  I  have  seen  cows  drive  ott"  other  lups 

Geo.  }Fardman,  p.  178.  when  they  approached  them,  and  wait  until  tuey 
appeared  to  recognize  their  own. 

The  mother  seal  readily  distinguishes  her  own  oflFspring  from  that  of 
^    .  T,r ,  ,o^     others,  nor  will  she  permit  the  young  of  any  other 

Danl.  WehBtcr,  p.  180.     ggal  to  suclile  her. 

DEATH  OP  COW  CAUSES  DEATH  OF  PUP. 

Page  115  of  The  Case. 

[Seo  also  "The  Pup's  Dopomlence  upon  its  Mother."] 


Oeo.  Ball,  p.  483. 


Q.  Do  the  pups  jierish  with  the  cows  that  you 
kill  ? — ^A.  Certainly,  they  do. 


363 


As  I  have  said  before,  the  pups  are  not  able  to  take  care  of  themselves 
until  they  are  several  weeks  old,  and  tlie  cows  must  go  off  into  the 

water  to  get  food  for  themselves.  It  stands  to 
William  Brennan,  p.  leasou  that  if  the  mothers  are  killed  while  away 
from  the  island,  and  the  pups  are  left  there  alone, 
they  will  surely  diej  and  it  is  a  fact  that  many  mothers  are  killed  in 
Bering  tSea. 

Nearly  every  seal  captured  causes  the  death  of  either  an  unborn 
pup,  or  the  death  of  a  ^ouug  pup  by  starvation 
Henry  B,v  vu,  p.  318.      ^^  ^^^  islands. 

I  am  positive  that  if  a  mother  seal  was  killed  ber  pup  must  inevita- 
bly perish  by  starvation.    As  evidence  of  this  fact 
Chas.  Bryant,  p.  5.         I  wiU  State  that  I  have  taken  stray,  motherless 
pui)8  found  on  the  sand  beaches  and  placed  them 
upon  the  breeding  rookeries  beside  milking  females,  and  in  all  instancs 
these  pups  have  finally  died  of  starvation. 


Dati'l  Clausaen,  p.  412. 


Luther  T.  Franklin,  p. 
426. 

Edward  W,  Funoke,p. 

428. 


Q.  Do  the  pups  perish  with  the  cows  that  you 
kill?— A.  Certainly. 

Q.  Do  the  pups  perish  with  the  cows  that  you 
kill  ? — A.  Naturally  they  must. 

Q.  Do  the  pups  perish  with  the  cows  that  you 
kill? — A.  Invariably  they  do;  yes,  sir. 

The  mother  does  not  leave  tlie  rookery  in  search  of  food  until  she 
has  dropped  her  young  and  become  pregnant 
Jaa.  Kiernan,  p.  451.      again,  hence  when  she  has  been  slain,  it  means 
the  loss  of  three,  as  the  young  pup  will  unques- 
tionably die  for  lack  of  sustenance. 

Louis  Kimmei,  p.  174.        It  is  my  opinion  that  if  a  mother  is  killed  her 
offspring  dies  of  starvation. 

Q.  Do  the  pups  perish  with  the  cows  that  you  kill? — A.  Certainly. 

Not  alone  that,  but  they  generally  leave,  while 
Choi.  Lumens,  p.  459.     they  go  into  the  Bering  Sea,  a  pup  on  shore,  which 

also  dies,  from  not  being  able  to  get  any  suite- 


DEATH  OP  COW  CAUSES  DEATH  OF  PUP. 


147 


^led  her 


frtainly. 

while 
J,  which 

su'ste- 


nance.  The  seal  which  is  killed  in  the  Bering  Sea  may  be  with  pup, 
and  also  has  a  pup  on  shore,  which  make  the  killing  of  three  seals  to 
one. 

Q.  Killing  the  females,  of  course,  destroys  the  pup  and  the  female, 
and  makes  one  less  breed? — A.  Yes, sir;  when  you  Alexander  McLean,  p. 
kill  the  female  seal  you  kill  the  pup  with  her.         437. 


Q.  Do  the  pups  perish  with  the  cows  that  you 
kill! — A.  Certainly.  That  is,  if  the  cows  happen 
to  be  with  pup. 


Frank  Moreau,  p.  468. 


I  have  cut  the  young  seal  out  of  its  dead  mother  and  kept  it  alive  for 
several  weeks  by  feeding  it  on  milk,  but  it  would 
eventually  die.    I  have  known  them  to  live  days      Wm.  Parker,  p.  344. 
without  eating  anything.    I  have  put  pups  cut 
out  of  dead  seals  to  the  breast  of  dead  female  seals  when  milk  was  run- 
ning out  of  their  teats,  but  they  would  not  touch  it. 

In  the  forepart  of  the  season  the  pup  is  small,  but  in  May  and  June, 
when  they  are  taken  off  the  Queen  Charlotte  and 
Kodiac  Islands,  the  unborn  pup  is  quite  huge,     EdmnP.  Porter,p.M7. 
and  we  frequently  take  them  out  of  the  motliers 
alive.    I  have  kept  some  of  them  alive  for  six  weeks  that  were  cut  out 
of  their  mothers,  by  feeding  them  condensed  milk. 

I  am  confident  that  if  a  mother  seal  was  killed  while  absent  fiom  the 
island  her  pup  would  die  of  starvation  in  a  few 
days,  for  the  female  seal  will  not  suckle  any  pup     ^'  ^'  ^<»'^^»«r>  p-  89. 
but  her  own. 


Q.  Do  the  pups  perish  with  the  cows  that  you     Guatave 
kill? — A.  The  pups  always  perish  with  the  cows  ^^^• 
that  are  killed;  yes,  sir. 


Sundvall,   p. 


Fourth.  The  female  killed,  the  death  of  the 
unborn  pup  follows,  entailing  a  double  loss. 


Z.  L.  Tanner,  p.  374. 


A  female  when  she  returns  from  the  feeding  grounds  will  always  so 
lect  hey  own  pup  from  all  those  on  the  rookeries, 
and  will  give  suck  to  no  other.    It  is  therefore      W.  B,  Taijlor,  p.  176. 
my  opiiiion  that  if  a  mother  seal  is  killed  the  pup 
will  certainly  die  of  starvation. 

That  does  not  take  into  consideration  the  unborn  pup,  or  the  pup  of 
the  mother  that  dies  on  the  rookery.     I  have 
taken  unborn  pups  from  their  mothers  and  fed     jdolph  W.  Thompson, 
them  on  condensed  milk,  and  kept  them  for  quite  p.  486. 
a  time.  I  refer  to  cases  where  the  mother  is  about 
ready  to  deliver  her  pup. 

I  further  think  that  if  a  mother  were  killed  her  pup  would  starve  to 
death,  for  she  suckles  the  pup  during  the  time  it 
remains  on  the  island,  and  it  has  no  other  means     o«o.  Wardman,  p.  178 
of  subsistence. 


M 


'ii 


148 


THE  COWS. 


And  the  killing  of  females  shortly  after  the  delivery  of  their  yonng 
can  not  but  have  the  effect  of  cansiiijr  tlie  death 
O.  A.  William,  p.638.  of  their  ofi'sprinj^  through  lack  of  uouiisluueut. 

FEEDING. 
Page  115  of  The  Case. 
(Sm  "Feeding  Exouraiona.") 

FOOD. 


Page  116  of  The  Casa. 

[See  *'  Feeding  Exouralons."] 

I  have  noticed  that  the  stomachs  of  the  majority  of  seals  cayjtnred, 

provided  they  were  young  females  or  immature 

A. B.Alexander, p. 355.  males,  were  empty,   wliile  the  stomachs  of  the 

old  bulls  were  well  filled  as  though  preparing 

themselves  for  the  demand  of  the  breeding  grounds.    Their  diet  was 

made  up  of  salmon,  red  rock  fish,  and  squid. 

William  Brennan,p.  359.  They  live  on  flsh  and  seawood. 

I  am  satisfied  the  principal  food  of  the  fur-seal  is  flsh.    During  the 
summer  fish  are  practically  unknown  about  the 
Chat.  Bryant, p.  6.         islands,  but  they  abound  in  great  quantities  in  all 
parts  of  Bering  Sea,  30  to  40  miles  from  the  isl- 
ands.   This  fact  came  to  my  knowledge  during  my  eighteen  years* 
whaling  experience  in  that  locality. 

The  principal  food  of  the  fur-seal  is  flsh,  which  abonnd  in  all  parts 

of  Bering  Sea,  except  in  the  neighborhood  of  the 

Sam'l  Falconer,  p.  166.    Pribilof  Islands  during  the  season  the  seals  are 

on  land.    I  have  seen  a  fish  in  the  mouth  of  a  seal 

in  the  water,  and  have  also  seen  fish  in  their  stomachs  when  cut  open. 

It  is  my  belief  they  eat  some  kelp  also. 


Of  the  female  fur-seal  stomach  I  know  nothing,  as  they  are  not 
allowed  to  be  killed  on  the  islands,  but  I  think  it  would  be  safe  to  say 

remnants  of  a  flsh  and  kelp  diet  would  frequently 

W.  S.  Hereford, p.  35.    be  found,  as  that  is  their  natural  food,  and  they  do 

considerable  traveling  backwards  and  forwards 

from  the  flshing  banks  while  nursing  their  young  after  having  received 

the  attention  of  the  bulls. 

I  examined  the  stomachs  of  the  fur-seals  taken  in  Bering  Sea  during 

the  month  of  July,  1887,  and  found  the  greater 

Jos.  E.  Lennan,  p.  370.  number  to  contain  Alaska  mackerel.    This  goes 

to  show  clearly  that  at  that  season  of  the  year 

this  flsh  constitutes  an  important  item  in  the  diet  of  the  fur-seal. 

Nursing  fur-setil  cows  were  found  in  July  as  far  as  100  miles  to  the 

southward  of  the  Pribilof  Islands  in  Berihg  Sea,  feeding  on  mackerel 

as  above. 


FEEDING   EXCURSIONS. 


149 


The  food  of  the  fur-seal  I  believe  to  consist  mainly  of  flsh,  and  prob- 
ably chiefly,  wiiile  in  Bering  Sea,  at  least,  of  cod- 
fish, the  partially  digested  veitebrui  of  tliis  spetries    tl-  H.  Mdntyre,  p.  43. 
having  been  foun:l  in  the  stonuichs  of  slaughtered 
animals  more  frequently  than  any  other  food.    Hquid  and  crustaceans 
have  also  been  found  in  some  instances,  but  the  supply  of  these  is  com- 
paratively limited,  while  it  is  a  well-known  fact  that  the  waters  of  Ber- 
ing Sea  at  nearly  all  points,  and  particularly  in  that  zone,  from  20  to 
60  miles  soutli  of  the  Pribilof  Gioup  abound  in  cod.    The  presumption 
is  well  grounded  that  the  old  male,  at  least,  made  good  use  of  his  op- 
portunity in  the  off  season,  for  he  leaves  the  islands  in  August,  after  an 
absolute  fast  of  three  to  four  months,  very  lank  and  lean,  and  again 
takes  his  place  upon  the  breeding  groumls  in  April  or  May  well 
rounded  out  with  a  thick  envelope  of  blubber. 

I  have  seen  the  stomachs  of  several  seals  after  they  were  killed  and 
they  ccmtained  only  pieces  of  fish,  whi(;h  seemed 
to  be  their  sole  food.    I  do  not  know  whether  they      T.  F.  Ryan,  p.  175. 
eat  kelp  or  not. 

Their  food  is  mainly  flsh,  and  they  are  naturally  found  where  that  is 
most  abundant.    Seal-hunters  say  and  statistics 
show  that  where  flsh  are  most  plentiful,  as  in  lati-    C.  M.  Soammon,  p.  475. 
tude  55°  to  50°  north,  in  Bering  Sea,  on  the 
Shumagin  Banks  off  the  Alaskan  Peninsula,  and  off  the  entrance  to 
the  Straits  of  Fuca,  there  the  best  catches  of  seals  are  made. 

FEEDING  EXCUKSIONS. 

Page  116  of  Tho  Case. 
[Seeolao  "Food"  and  "Pelapio  Sealing— Destruction  of  Nursing  Females."] 

Have  taken  females  that  were  ftill  of  milk  GO      Peter  Anderson,  p.  313. 
miles  from  the  Pribilof  Islands. 


I  observed  that  very  few  seals  go  out  to  sea  to  feed  during  June, 
July,  and  August,  except  females  and  some  of 
the  younger  males. 


Jno.  Armstrong,  p.  1. 


The  females  go  and  come  after  the  flrst  few  dfiys  of  their  stay  at  the 
island.    I  have  seen  rookeries,  and  particularly 
the  one  on  the  reef,  plainly  in  sight  from  St.  Paul     Jno.  Armstrong,  p.  2. 
village,  swarming  with  pups  and  comparatively 
few  mothers  in  sight,  and  it  has  sometimes  remained  so  for  twenty  or 
thirty  hours  at  a  time,  convincing  mo  that  they  must  have  gone  a  con- 
siderable distance  from  the  islands  for  food. 


s  goes 
e  year 
ir-seal. 
to  the 
ukerel 


In  four  or  flve  days  after  it  is  born  the  mother     Kerrick  Artomanoff,  p. 
seal  leaves  her  pup  and  goes  away  in  the  sea  to  ^^• 
feed. 

Most  of  the  seal  taken  in  Bering  Sea  by  me  were  cows  with  milk. 
Oows  with  milk  have  been  taken  by  me  100  miles  wnton  c.  Bennttt,  p. 
from  the  Pribilof  Islands.  S57. 


160 


THE   COWS. 


There  is  nothing;  on  the  beach  for  tlie  oUl  ones  to  eat,  nnd  they  go 

^  .       „  ..  „  Mcvenil  miles  from  the  rookeries  out  to  Keii  to  ob- 

WUUamnrennan,p.So9.  (.^^i^  ^^^^^^ 

For  the  first  few  days,  and  possibly  for  a  week  or  even  ten  days,  the 
female  is  able  to  nonrisli  lier  yonnfy  or  ofl'sprin^, 

J.  Stanley  firown,  p.  15.  but  she  issoou  compelled  to  seek  the  sea  for  food, 
that  her  voriuious  yonnf;  fee<ler  may  be  juoperly 
nourished,  and  this  seems  to  be  permitted  on  the  i)art  of  the  male, 
even  thouj^rh  under  protestation.  The  whole  i)hysical  ei'onomy  of  the 
seal  seems  to  be  arraniured  for  alternate  feastiiijx  and  fastinj;,  and  it  is 
probable  that  in  the  early  days  of  its  life  the  younjif  seal  mijyht  be 
amply  nourished  by  such  milk  as  its  mother  might  be  able  to  furnish 
without  herself  resorting  to  the  sea  for  food. 

At  the  time  I  was  on  the  islands  I  do  not  think  there  were  any  fish 

at  all  within  'i  miles  of  the  islands,  aiul  that  the 

S.  N.  BunnitHlcy,  p.  21.   seals  to  feed  had  to  go  farther  tlian  that  from 

land.    This  belief  is  founded  on  statements  made 

me  by  natives  on  the  islands,  and  also  from  the  fact  thjit  fresh  flsh 

were  seldom  eaten  upon  the  islaiuls. 

I  have  also  observed  seals,  i)resumably  fishing,  at  distancos  vary- 
ing from  10  to  1.50  miles  from  the  islan     and  am 
John  C.  CantwM, pAOS.  of  the  opinion  that  most  of  the  seals  s     -i  at  dis- 
tances more  than  10  miles  from  land  duiing  the 
breeding  season  are  fenndes. 

About  80  per  cent  of  the  seals  T  caught  in  the  Bering  Sea  were  mothers 

in  milk,  and  were  feeding  around  the  fishing  banks 

J<u.  L.  Carthcnt,p.  409.  just  north  of  the  Aleutian  Islands,  and  I  got  most 

of  my  seals  from  50  to  250  miles  from  the  seal 

islands.    I  don't  think  I  ever  sealed  within  25  miles  of  the  Pribylov 

Islands. 

We  were  hunting  in  the  Bering  Sea  most  of  the  time  oflF  Seventy-two 

and  Unamak  Pass,  and  we  caught  the  seals  as 

Chas,  Chalall,  p.  410.     they  were  going  to  and  f  lom  the  Pribilof  Islands  to 

feed  on  the  fishing  gro\  'ids.    We  caught  a  great 

many  seals  on  the  fishing  banks  just  north  and  close  by  the  Aleutian 

Archipelago. 

It  is  my  experie  se  that  fully  85  per  cent  of  the  seals  I  took  in 

Bering  Sea  were  females  that  had  given  birth  to 

Christ.  Clausen, p.  S2\     their  pups,  and  their  teats  would  be  full  of  milk. 

I  have  caught  seals  of  this  kind  from  100  to  150 

miles  away  from  th    Pribilof  Ishiuds. 

Nearly  all  the  c<  vs  are  in  milk  during  the  months  of  July  and  Au- 
gust, while  they  are  out  seeking  for  food,  and  1 
Peter  Collins,  pAiS.      have  seen  mothers  with  their  breasts  full  of  milk 
killed  100  miles  or  more  from  the  seal  islands.    I 
know  they  go  great  distances  in  search  of  food. 

After  the  mother  seals  have  given  birth  to  their  young  on  the  islands, 
she  goes  to  th6  water  to  feed  and  bathe,  and  I 
w.  c.  Couison,p.  416.     have  observed  them,  not  only  around  the  islands, 
but  n'om  80  to  100  miles  out  at  sea. 


FEEDING   BXCURSION8. 


151 


In  <liflVi'«nt  yours  the  fetuliiig  grouiulH  or  Mie  location  where  the 
([[retiter  number  ot'sciUM  are  taken  by  ])(>ii(;herH  Heeni  to  <lit!er;  in  other 
words,  the  seals  tVetiuently  change  teedliij^'  ;>'ro(in(ls.  For  instance,  in 
1887,  the  gre.atest  number  of  seals  were  taken  by  poachers  between 
llnamak,  Akatan  L'asses,  and  tite  seal  island^.,  and  to  the  southwest- 
ward  of  St.  George  Island.  In  18H1>,  the  catcliiug  was  largely  done  to 
the  southward  and  eastward,  in  nuiny  cases  from  rAi  to  150  miles  dis- 
tant from  the  seal  islands.  In  the  season  of  l.Si)0,  to  the  southward 
an<l  southward  and  westward;  also  to  northwest  and  northeast  of  the 
islands,  showing  that  the  seals  have  been  scattered.  The  sexsoii  of 
181)1,  the  greatest  uumber  were  taken  to  northward  or  westward  oi' St. 
Paul,  and  at  various  distances  from  25  to  15U  miles  away. 

I  have  seen  seals  in  the  waters  of  Bering  Sea  distant  10()  miles  or 
more  from  theislands  at  various  times  between  the 
first  of  J  uly  and  October.    These  seals  were  doubt-      fv.  H.  Dall,  p.  23. 
less  in  search  of  food,  which  consists,  according 
to  my  observations,  of  fish,  squid,  crustaceans,  ami  even  mollusks. 

Most  of  the  seals  taken  in  Bering  Sea  are  females.  Have  taken  them 
70  miles  from  the  islands  that  were  full  of  milk.  George  lH»how,  p.  ;j23. 

We  entered  the  Bering  Sea  about  the  latter  part  of  April,  ami  got 
over  800  seals  in  there,  most  of  them  being  fe 
males  in  milk,  and  we  killed  them  from  20  to  100     juchard  Doian,  p,  419. 
miles  off  the  seal  islands.    I  saw  the  milk  running 
m  the  deck  when  we  were  skinning  them;  that  was  the  only  way  I 
could  tell  they  were  females. 


I 


;'    ifi 


id  Au- 
and  1 
f  milk 
ds.    I 


lands, 
and  I 


I  also  found  that  females  after  giving  birth  to  their  young  at  the  rook- 
eries seek  the  codfish  banks  at  various  points  at 
a  distance  of  from  40  to  125  miles  from  the  islands     jas.  M.  Douglas,  p.  420. 
for  food,  and  are  frequently  absent  one  or  more 
days  at  a  time,  when  they  return  to  find  their  young. 

We  entered  the  Bering  Sea  May  25th  and  we  got  703  seals  in  there, 
the  greater  quantity  of  which  were  females  with 
their  breasts  full  of  milk,  a  fact  which  I  know  by     Geo.  FairchUd,  p.  423. 
reason  of  having  seen  the  milk  flow  on  the  deck 
when  they  were  being  skinned. 

We  caught  them  from  10  to  60  miles  off  the  seal  islands. 

After  the  fertilization  she  is  allowed  to  go  to  and  from  the  water 
at  will,  in  search  of  food,  which  she  must  obtain 
so  she  can  nurse  her  pup.    She  g(  es  on  these     Sam'l.  Falconer,  p.  165. 
feeding  excursions  sometimes,  I  believe,  40  or  more 
miles  from  the  islands,  and,  as  she  swims  with  great  rapidity,  covers 
the  distance  in  a  short  time.    She  may  go  much  farther,  for  I  have 
known  a  cow  to  be  absent  from  her  pup  for  two  days,  leaving  it  with- 
out nourishment  for  this  period.    This  shows  how  tenacious  of  life  a 
young  seal  is  and  how  long  it  can  live  without  sustenance  of  any  sort. 

After  the  pup  is  a  few  days  old  the  cow  goes  into  the  sea  to  feed  and 
at  first  she  will  only  stay  away  for  a  few  hours, 
but  as  the  pup  grows  stronger  she  will  stay  away     J*o.  FratU,  p.  108. 
more  and  more  until  she  will  sometimes  be  away 
fora  wedc 


1 

W 

1 

w 

1 

m 

III- 

H\- 

ipi 

HI 

V '  ' 

1'^ 

h 

\\n. 


152 

Wm.  Prazer,  p.  427. 
John  Fyfe,  p.  429. 
Cliad.  George,  p.  366. 
Thot,  Gibson,  p.  432. 


THE   COWS. 

We  killed  females  giving  milk  more  than  100 
miles  from  the  seal  islands. 

We  killed  some  of  them  from  50  to  100  miles  off 
the  seal  islands,  and  were  very  tame. 

Have  killed  seals  200  miles  from  the  Fribilof 
Islands  that  were  full  of  milk. 

I  have  killed  mother  seals  in  milk  from  40  to  100 
miles  off  the  seal  islands. 


During  the  entire  sealing  season  males  of  all  classes  remain  on  the 

islands,  except  that  the  ba(!lielors  once  in  a  while 

H.  A.  GUdden,p.  110.    go  into  the  water,  but  remain  in  the  vicinity  of 

the  islands.    The  females,  on  the  contrary,  are 

going  and  coming  to  and  from  the  water  for  the  purpose  of  feeding.    I 

believe  it  is  wh'     the  females  are  thus  going  to  and  from  the  feeding 

grounds  and  througli  the  Aleutian  passes  that  they  are  intercepted  and 

shot  by  open-sea  sealers. 

I  have  also  learned  by  conversation  with  Bering  Sea  hunters  that 
thoy  kill  seal  cows  20  to  200  miles  from  the  breed- 
E.  M.  Greenleaf,  p.  321.  i\\g  grounds  and  that  these  cows   had  recently 
given  birth  to  young.    I  have  observed  in  the 
skins  that  the  size  of  the  teats  shows  either  an  advanced  state  of  preg- 
nancy or  of  recent  delivery  of  young. 


Arthur  Griffin,  p.  326. 


Jamea  Griffin,  p.  433. 


Those  they  shoot.    We  captured  females  in 
milk  from  20  to  100  miles  from  the  rookeries. 

Have  killed  female  seal  90  miles  from  the  seal 
islands  that  were  full  of  milk. 


Majority  of  the  seals  taken  in  Bering  Sea  are  females  with  milk  in 
them.    Have  killed  them  full  of  milk  100  miles 


Martin  Ilannon,  2?.  445. 


from  the  seal  islands. 


We  entered  the  Bering  Sea  about  the  1st  of  June,  and  caught  about 
200  seals  in  those  waters.    They  were  mostly 

Jamea  Han-iaon,  i>.  326.  mothers  that  had  given  birth  to  tiieir  young  and 
were  around  the  fishing  banks  feeding. 

Most  of  the  seals  killed  on  the  coast  are  pregnant  females,  while 

those  we  killed  in  the  Bering  Sea  after  the  1st  of 

James  Hayward,  p.  328.  July  were  females  that  had  given  birth  to  their 

yoniic"  on  the  seal  islands  and  come  out  into  the 

sea  to  feed.    Have  caught  them  150  miles  off  from  tlie  shore  of  the  seal 

islands,  and  have  skinned  them  when  their  breasts  were  full  of  milk. 

Seals  travel  very  fast  and  go  a  long  way  to  feed. 

It  is  known  and  currently  believed  among  the  natives  of  the  seal  is- 
lands, and  also  among  the  employ(58  of  tlie  sealing 
W.  S.  Hereford,  p.  34.     company,  past  and  present,  that  the  mother  seal 
will  go  great  distances  and  be  gone  for  long  pe- 
riod;; '>f  time  in  quest  of  food.    Such  is  also  my  observation  and  belief. 


while 

1st  of 

tbeir 

ito  the 

ic  seal 

milk. 


seal is- 
-sealing 
31'  seal 
mg  pe- 
belief. 


FEEDING   EXCURSIONS. 


153 


In  fact  it  is  a  common  thing  to  see  squads  or  herds  going  out  and  com- 
ing in  at  various  times  during  the  day.  Food  around  tlie  immediate 
vic'-iity  of  the  seal  islands  is  at  the  best  of  times  scarce,  and  as  the 
rookeries  increase  in  the  number  of  their  occupants  it  becomes  neces- 
sary for  them  each  day  to  go  farther  and  farther.  Distance,  however, 
is  no  particulsir  object  to  tliem,  as  they  are  very  speedy  travelers. 


After  the  young  is  a  few  days  old  the  mother 
travels  out  to  the  fishing  banks  to  feed. 


Wm.  Hermann,  p.  U6. 


I  observe  that  nursing  cows  range  from  60  to  80  miles  from  the  Pribi- 
lof  Islands  to  feed,  and  were  always  most  numer- 
ous in  a  southerly  and  westerly  direction  tiom     Norman Hodgsov, p. oGl. 
them. 

The  majority  of  seals  killed  in  Bering  Sea  are  females.     I  have 
killed  female  seals  75  miles  from  the  islands,  that 
were  full  of  milk.  J-  Johnson,  p.  331. 

I  think  many  of  the  mother  seals  go  from  their  breeding  grounds  on 
the  islands  many  njiles  into  the  Pacific  Ocean  in 
search  of  food,  often  to  a  distam-e  of  150  to  180     Jaa.  Kiernan,  v.  450. 
miles.    They  travel  very  fast,  and  it  is  on  these 
excursions  that  many  of  them  are  killed. 

Soon  after  a  cow  brings  forth  her  young  she  goes  into  the  water  to 
get  food.    I  know  from  actual  observation  that 
they  go  at  least  20  miles  from  the  islands,  but   Louis  Kivimel,  p.  m. 
how  much  farther  I  am  unable  to  state. 

As  soon  as  the  pups  are  a  few  days  old  the  cows  go  into  the  sea  to 
feed  and  they  stay  out  a  little  longer  every  time 
they  go  until  they  will  be  away  for  a  week  at  a     Nicoli  Krukoff,  p.  133. 
time. 

When  tl.e  cow  goes  into  the  sea  for  food  her  stay  there  becomes 
longer  and  longer  as  the  season  advances,  until 
at  times  she  will  be  away  for  three  or  four  days     Aggei  Eushen,  p.  129. 

at  a  time. 

• 

In  the  Bering  Sea  I  have  noticed  that  in  skinning  seals  milk  would 
run  out  of  the  teats  of  females  who  had   given 
birtl  recently  to  tlieir  young  on  the  islands.    I     Andrew  Laing,  p.  335. 
have  caught  tliib  class  of  females  from  75  to  100 
miles  from  the  Pribilof  Islands. 

In  killing  seals  in  the  Bering  Sea,  during  the  months  of  June,  July, 
August,  and  September,  I  noticed  that  a  large 
number  of  them  were  females  and  mothers  giving      Wm.  U.  Long,  p.  458. 
milk.    I  have  killed  mothers  in  milk  all  the  way 
from  10  to  200  miles  ott'  shore. 

In  1889  I  hunted  in  the  Bering  Sea  from  80  to  100  miles  off  the  Pribi- 
lof Islands.    Two-thirds  of  iiir  catch  were  cows      _ 


■■''■«■ 


ii 


I 


154 


THE   COWS. 


pi'' 


1- 


V  > 


We  went  into  the  Bering  Sea  about  the  2rith  o"^^  28th  of  June,  and 

wliile  in  there  we  caught  389  seals,  nearly  all  of 

ThoB.  Lyons,  p.  i60.       which  Were  mother  seals  in  milk,  which  fact  I 

know  from  seeing  the  milk  flow  on  the  deck  while 

we  were  skinning  them.    We  took  them  a  good  ways  from  the  island;., 

but  do  not  know  how  many  miles. 

When  the  pui)8  are  a  few  days  old  the  mothers  leave  them  (gen- 
erally soon  aftc  coitus  upon  the  rookeries  with 
H.  B.  Mvintyre,  p.  41.   the  old  male)  to  go  to  the  feeding  grounds,  re- 
turning at  intervals  of  one  to  three  or  four  days 
to  suckle  their  young. 

We  sailed  from  Victoria  in  June  and  went  due  north,  and  coi;  menced 
sealing  in  the  Bering  Sea,  catching  about  400 
Wm.  McLaughlin,  p.  462.  seals.    We  hunted  around  the  islands  there,  from 
50  to  60  miles  ottshore.    IVlost  of  those  were  fe- 
males that  had  given  birth  to  their  young  and  were  with  milk. 

Q.  How  far  from  the  islands  have  you  killed  those  mother  seals  that 
were  in  milk? — A.  I  have  killed  them  as  far  ofl:" 

Alex.  McLean,  p.  438.      as  150  miles  off  the  land. 

Q.  Is  that  in  the  Pacific  or  Bering  Sea? — A. 
Both  in  the  Pacific  and  Bering  Sea. 

Q.  They  were  evidently  the  mothers  that  had  young? — A.  Yes,  sir; 
they  had  their  young.  Some  of  the  seals  had  left  their  young  on  the  is- 
lands and  were  going  away,  and  were  through  with  them  or  going  to  feed. 
Sometimes  a  seal  goes  a  long  way  off  the  island  at  a  certain  time.  It 
depends  where  the  feed  is.  A  seal  does  not  think  very  much  of  trav- 
eling 100  miles;  they  travel  very  fast  when  they  want  to. 

Q.  Did  you  ever  kill  any  cow  seals  that  were  in  milk  that  had  given 
birth  to  young  and  were  in  milk? — A.  Yes,  sir;  I 
Dan'l  McLean,  p.  444.     have  in  Bering  Sea. 

Q.  How  far  from  the  seal  islands  were  they? — 
A.  Sixty  miles;  all  the  way  from  20  to  60  miles;  oft"  St.  George  and  St. 
Paul. 


Kohert  H.  MoManua  p 
338. 


Ic  may  safely  be  asserted  that  over  three  fourths  of  the  catch  of 
forty-eight  were  cows  in  milk.  This,  at  a  distance 
of  200  miles  from  the  rookeries,  shows  that  the 
nursing  cows  rami  le  all  over  the  Bering  Sea  in 
search  of  their  chief  food,  the  codfish,  whi(!h  are  to  be  found  on  the 
banks  along  the  coast  of  the  Aleutian  Islands.  During  the  migratory 
journey  north  in  the  spring  the  cows  with  young  become  the  easiest 
victims  to  the  hunter,  owing  to  being  more  fatigued,  and  consequently 
sleep  more  than  other  class  of  seals.  From  all  information  I  could 
glean  from  the  skipper,  when  I  pointed  out  the  circnmstance  of  cows 
in  milk  being  killed  so  far  from  the  islands,  leads  me  to  understand 
that  had  the  cruise  of  the  Otto  been  a  month  or  six  weeks  earlier,  the 
proportion  of  nursing  cows  iu  a  catch  would  be  still  greater  than  that 
herein  exhibited. 

Each  5'ear  we  would  enter  the  Bering  Sea  about  June,  and  we  sealed 
from  50  to  150  miles  from  the  islands.    The  first 

Thot.  Madden,  p.  463.  year  we  caught  about  700  seals  iu  the  sea,  and 
we  caught  very  big  catches  in  1888  and  1880,  but 


FEEDING   EXCURSIONS. 


155 


given 
3,  sir;  I 


sealed 
he  first 

a,  and 
89,  but 


last  year  we  only  caught  lf)0.  Most  of  them  were  cow  seals,  having 
given  birth  to  their  young,  and  their  breasts  had  milk  in  them.  I  saw 
the  milk  running  out  of  their  breasts  on  the  deck  as  they  were  being 
skinned. 

When  the  pup  is  a  few  days  old  the  cow  goes  into  the  sea  to  feed, 
and  as  the  pup  grows  older  the  cow  will  stay 
longer  and  longer,  until  sometimes  she  will  bo  AntonMeiovedoff,p.iU. 
away  for  a  week.  My  opinion,  therefore,  is  that 
none  but  the  mother  seals  go  out  in  the  sea  to  eat  during  the  time  the 
herds  are  on  the  islands,  and  this  accounts  for  the  great  nnniber  of 
cows  shot  by  tiie  sealing  schooners  in  Bering  Sea  during  July,  August, 
and  September. 

The  young  msdea  or  bachelors  that  are  killed  for  skins  are  found  to 
be  full  of  food  in  May  aad  early  in  June,  but  their 
stomachs  are  empty  when  killed  in  July  or  later,  ue""  Melovidov,  p. 
This  shows,  I  think,  that  none  go  out  to  feed  in 
the  sea  except  the  cows  during  tlie  time  they  are  nursing  their  young. 


Have  killed  seals  250  miles  from  the  Pribilof 
Island,  with  milk. 


G.  E.  Miner,  p.  466. 


After  birth  a  pup  at  once  begins  to  suckle  its  mother,  who  leaves  its 
oflspring  only  to  go  into  the  water  for  food,  which 
I  believe  from  my  observation  consists  mainly  of     T.  F.  Morgan,  p.  62. 
fish,  squids,  and  crustaceans.    In  her  seanth  for 
food  the  female,  in  my  opinion,  goes  40  miles  or  even  farther  from  the 
islands. 

The  bachelors  while  on  uhe  islands,  in  my  opinion,  feed  very  little, 
and  practically  it  is  only  the  female  seals  which  feed  while  located  on 
the  islands.  The  speed  of  a  seal  when  swimming  is  very  great,  cover- 
ing, I  should  say,  from  10  to  15  miles  an  hour.  Therefore  a  female  can 
easily  go  to  the  feeding  grounds  and  return  to  the  islands  in  a  day; 
and  that  so  far  as  I  am  able  to  ascertain  the  foregoing  facts  are  practi- 
cally corroborated  by  all  those  who  have  had  the  opportunity  to  study 
or  observe  seal  life  on  the  Pribilof  Islands  and  in  Bering  Sea. 

They  sometimes  go  out  from  100  to  200  miles  off  the  islands,  while 
the  young  ones  still  remain  on  the  islands.    After 
they  have  been  on  the  islands  they  contain  no  pup,     ^^let  Nelson,  p.  470. 
so  the  hunter  can  see  if  the  seal  has  been  on  the 
islands  or  not.    I  have  killed,  and  seen  killed,  mothers  in  milk  100  or 
more  miles  from  the  islands. 

During  these  journeys,  in  my  opinion,  she  goes  a  distance  of  from  40 
to  200  miles  from  the  islands  to  feed;  and  it  is  at 
tliis  time  she  falls  a  prey  to  the  pelagic  hunter.         L.  A.Noyes,  p.  82. 

In  my  opinion,  the  cows  are  the  only  seals  that 
go  into  the  sea  to  feed  from  the  time  they  haul  out  in  May  till  they 
leave  the  islands  in  November  or  December;  and  my  opinion  is  based 
on  the  fac*"  that  the  seals  killed  in  May  have  plenty  of  food  in  their 
stomachs,  nostly  codfish,  while  those  killed  in  July  have  no  signs  of 
anything  Uke  food  in  their  stomachs. 

Again,  the  males  killed  for  food  as  the  season  advances  are  found  to 
be  poorer  and  poorer,  and  in  all  cases  after  July  their  stomachs  are 


!! 


mi 


I ; 


bK  I 


ii  i 

31 1  t 


h 


I 


' 


156 


THE   COWS. 


empty.  I  am  convinced,  therefore,  that  none  but  mother  seals  go  into 
tlie  sea  to  feed  during  the  summer  montlis,  and  this  accounts  for  the 
sudden  decrease  in  tlie  herd  after  the  sealing  schoouery  became  so  nu- 
merous iu  Bering  Sea  about  1884. 


John  Olaetifp.ill. 


We  caught  these  mothers,  ftill  of  milk,  from  50 
to  150  miles  oil  the  seal  islands.  I  shot  twenty- 
eight  myself. 


When  the  pup  is  from  4  to  6  days  old,  the  mother  goes  into  the  water 

for  food  and,  as  time  passes,  her  stay  becomes 

J.  C.  Eedpafh,  p.U8.      longer,  until  finally  she  will  be  away  from  her  pup 

for  several  days  at  a  time,  and  sometimes  tor  a 

whole  week.    During  these  longer  migrations  she  often  goes  200  miles 

from  the  rookery,  and  I  have  been  informed  by  men  who  were  engaged 

in  the  trade  of  pelagic  hunting  that  theyjiad  taken  "  mothers  in  milk" 

at  a  distance  of  over  200  miles  from  the  seal  islands. 

The  cows,  however,  eat,  and  sometimes  go  60  miles  to  get  food,  and 


T.  F.  Ryan,  p.  175. 


perhaps  farther.  Old  experienced  i)oacher8  in- 
formed me  that  they  remained  that  distance  from 
the  islands  to  capture  the  seals  when  they  came 
to  feed. 


Sometimes  we  opened  tliem  and  found  young  pups  inside,  and  some- 
times they  were  motiiers  that  had  given  birth  to 

Adolphua Sayers,p ATS.  their  young  and  tlieir  breasts  were  full  of  milk, 
and  we  often  killed  them  100  miles  or  more  from 
the  seal  islands. 


The  cows,  however,  go  and  come  at  will  after  the  pups  are  dropped, 
and  may  be  found  in  large  numbers  with  the 

C.  M.  Scammon,p.  475.  mammary  glands  distended  with  milk  many  miles 
from  the  breeding  grounds. 


Of  the  females  taken  in  Bering  Sea  nearly  all  are  in  milk,  and  I  have 
seen,  the  milk  come  from  the  carcasses  of  dead 
L.  G.  Shepard,p.  189.      females  lying  on  the  decks  of  sealing  vessels  which 
were  more  than   100  miles  from  the  Pribilof  Is- 
lands.   From  this  fact,  and  from  the  further  fact  that  I  have  seen  seals 
in  the  water  over  ITA)  miles  from  the  islands  during  the  summer,  I  am 
convinced  that  the  female,  after  giving  birth  to  her  young  on  tlie  rook- 
eries, goes  at  least  150  miles,  in  many  cases,  from  the  islands  in  search 
of  food. 


TVm.H.  Smith,  pA78. 


Have  taken  female  seals  in  Bering  Sea  about 
145  miles  from  the  Pribilof  Islands. 


Seals  killed  in  Bering  Sea  after  the  birth  of  the  pups  are  largely 

mother    seals,  and  the  faither  they  are  found 

Z.L.  Tanner,  p.  S7i.        from  the  islands  the  greater  the  percentage  will 

be.    Tlie  reason  for  this  seeming  paradox  is  very 

simple.    The  young  males,  having  no  family  responsibilities,  can  afford 

to  hunt  nearer  home,  where  food  can  be  found  if  sufficient  time  is 

devoted  to  the  search.    The  mother  does  not  leave  her  young  except 

when  necessity  compels  her  to  seek  food  for  its  sustenance.    She  can 


SPEED   IN   SWIMMING. 


157 


8  go  into 
3  for  the 
le  80  nu- 


from  fiO 
twenty- 


he  water 
becomes 
I  her  pup 
nes  for  a 
500  miles 
engaged 
!  in  milk" 


food,  and 
chers  in- 
mce  from 
ley  came 


nd  some- 
1  birth  to 
1  of  milk, 
lore  from 


dropped, 
with  the 
my  miles 


id  I  have 
of  dead 
Is  which 
>ilof  Is- 

een  seals 

ler,  I  am 
le  rook- 

n  search 


ea  about 


largely 
e  found 
tage  will 

is  very 
in  aft'ord 

time  is 
g  except 
She  can 


not  afford  to  waste  time  on  feeding  grounds  already  occupied  by 
younger  and  more  active  feeders;  hence  she  makes  the  best  of  her  way 
to  richer  fields,  farther  away,  gorges  herself  with  food,  then  seeks  rest 
and  a  quiet  nap  on  the  surfiice.  Under  these  conditions  she  sleeps 
soundly,  and  becomes  an  easy  victim  to  the  watchful  hunter. 


Those  ^e  killed  in  the  Bering  Sea  were  mostly  females  in  milk.    We 
never  went  nearer  to  the  islands  than  between  25 
and  30  miles.     We  killed  most  of  them  while  they     ^^^  Thompton, 

were  going  to  or  returning  from  the  fishing  banks. 


The  mother  seals  go  out  to  sea  to  feed  soon  after  giving  birth  to 
their  young,  and  return  at  intervals  of  from  a  few 
hours  to  several  days  to  suckle  and  nourish  their     Daniel  Webster,  p.  180. 
young. 

I  have  never  hunted  within  15  miles  of  the  Pribilof  Islands;  but  I 
have  often  killed  seals  in  milk  at  distances  of  not 
less  than  100  to  200  miles  from  these  islands.  Michael  White,  p.  490. 

The  mother  seals,  while  rearing  their  young  on  the  Pribilof  Islands 
during  the  months  of  July,  August,  September, 
and  October  of  each  year,  leave  the  islands  and      w.  H.  Williama,  p.  94. 
go  out  to  sea  to  feed,  returning  at  intervals  to 
give  nourishment  to  tlieir  young.    That  tliey  traveled  long  distances  in 
pursuit  of  food  at  these  times  is  a  well  known  fact  and  substantiated 
by  the  statements  of  reputable  persons  who  have  been  on  sealing  ves- 
sels and  seen  them  killed  200  miles  or  more  from  the  islands  and  who 
say  they  have  seen  the  decks  of  vessels  slippery  with  milk  flowing  from 
the  carcasses  of  the  dead  females. 

SPEED  IN  SWIMMING-. 

Page  119  of  The  Case. 
[See  also  "  Feeding  Excursions."] 

By  my  observation  I  am  convinced  that  a  seal  can  swim  more  rapidly 
than  any  species  of  fish,  and  I  believe  that  a  fe- 
male could  leave  the  islands,  go  to  a  fishing  ground      chaa.  Bryant,  p.  6. 
100  miles  distant  and  easily  leturn  the  same  day. 
I  think  seals  can  without  ditliculty  swim  10,  15,  or  even  20  miles  an 
hour  for  several  hours  at  a  time. 

Food  aro"^d  the  immediate  vicinity  of  the  seal  islands  is  at  the  best 
of  times  scarce,  and  as  the  rookeries  increase  in 
the  number  of  their  occupants  it  becomes  neces-      w.  s.  Hereford,  p.  34. 
sary  for  them  each  day  to  go  farther  and  farther. 
Distance,  however,  is  no  particular  object  to  them,  as  they  are  very 
speedy  travelers. 

DEPARTURE  FROM  THE  ISLANDS. 

Page  119  of  The  Caae. 

And  commence  leaving  in  October,  and  but  few  are  found  on  the 
islands  as  late  as  December,  unless  it  should  be  a 
mild  winter.  C.  L.  Fowler,  p.  25. 


158 


Jno.  Fratis,  p.  108. 


r 


THE  BACHELORS. 

The  cows  and  bachelors  begin  to  leave  in  Octo- 
ber and  November,  but  their  going  is  regulated 
somewhat  by  the  weather. 


15' 


1 


Jno.  Armstrong,  p.  2. 


K.  Artomanoff,  p,  100. 


THE  BACHELORS. 

ARRIVAL  AT  THE  ISLANDS. 

Page  120  of  The  Case. 

The  large  bachelor  seals  arrive  on  the  islands 
from  the  Ist  to  the  15th  of  June  each  year,  sleek 
and  fat  as  they  can  be. 

Male  seals  from  2  to  6  years  old  do  not  go  on 
the  breeding  rookeries,  but  haul  out  by  them- 
selves. 


i  ! 


Between  the  arrivals  of  bulls  and  females,  but  rather  closely  follow- 
ing the  bulls,  come  the  liachelors ;  those  immature 
J.  Stanley  Brown,p.  13.  young  males  which  furnish  the  skins  of  commerce. 
The  natives  after  the  long  winter  are  eager  for 
fresh  meat,  and  it  is  usually  possible  to  make  drives  of  them  for  food 
not  later  than  May  15,  and  sometimes  from  a  week  to  ten  days  earlier. 

ButhBurduhofakietai.,      The  latter  part  of  March  came  the  "hollus- 
P-  206'  chickie,"  or  younger  bachelor  seals;  these  in  turn 

were  followed  by  smaller  males. 

The  young  male  seals  from  1  to  5  years  of  age,  called  "  bachelors," 
come  about  the  same  tin:    as  the  females,  but  do 
S.  N.  Buynitaky,  p.  21.    not  go  onto  the  breeding  rookeries,  evidently  fear- 
ing the  old  bulls.    These  bachelors  haul  up  by 
themselves  on  narrow  places  along  the  shore  left  between  the  breeding 
rookeries,  and  from  these  points  proceed  inland  much  farther  than  the 
breeding  rookeries. 


II  h 


Geo.    Comer, 
(Antarctic). 


598  The  young  "  wigs  "  or  nonbreeding  males,  not 
being  allowed  on  the  rookeries,  herd  by  them- 
selves, and  never  molest  the  harems. 


The  young  male  seals  from  2  to  5  years  old  come  in  May  or  June  and 
^      „    ,        „„  haul  out  by  themselves:  the  older  ones  usually 

a L. Fowler, p.25.  come  first. 


John  Fratia,  p.  108. 


The  bachelors  come  in  May,  the  older  ones  first, 
and  they  continue  coming  till  July,  when  the 
younger  ones  arrive. 


The  bachelors,  or  young  males,  began  to  arrive  abont  the  same  time 

as  the  cows.    The  bachelors  try  to  land  on  the 

Louta  Kimmei,p,  173.     breeding  rookeries  occupied  by  the  bulls,  but  are 

driven  off  by  the  older  males  and  are  compelled 

to  herd  together  by  themselves  separately  from  the  bulls  and  cows. 


in  Octo- 
igulated 


B  islands 
ar,  sleek 


lot  go  on 
)y  tliem- 


y  follow- 
mmature 
)mmerce. 
eager  tor 
I  for  food 
'8  earlier. 

«  hollus- 
sein  turn 


Lchelors," 
8,  but  do 
ntly  fear- 
Ill  up  by 
breeding 
than  tlie 


ales,  not 
jy  them- 


Tune  and 
usually 


[nes  first, 
Vhen  the 


lime  time 
on  the 
but  are 

i>Tnpellod 

)WS. 


FEEDING. 


159 


Then  the  oldest  of  the  bachelors  come,  after  the  bulls,  and  they  keep 
coming  till  July,  and  they  haul  out  by  themselves 
on  the  hauling  grounds;  and  the  bulls  and  cows     NicoU  Krukoff, p.  133. 
go  together  on  the  breeding  rookeries.     If  the 
bachelors  went  on  the  breeding  rookeries  the  bulls  would  kill  them. 

About  the  middle  of  May  the  young  males  begin  to  haul  out,  but  are 
driven  off  by  the  bulls,  who  M'ould  tear  them  to 
pieces  if  they  went  on  the  breeding  rookeries.     Aggei  Kushen,  p.  129. 
Consequently  the  bachelors  haul  out  by  them- 
selves and  are  easily  surrounded  and  driven  into  the  killing  ground 
without  disturbing  the  breeding  rookery. 

The  bachelors  commence  to  haul  out  in  May,  and  they  haul  out  till  late 
in  July,  the  older  ones  coming  early  and  the  .   , 

younger  ones  later.  ^^"'""  Melovedoff,p.  Ui. 

The  young  males,  or  bachelors,  whose  skins  are  taken  by  the  lessees, 
begin  to  haul  out  in  May,  and  they  continue  to 
haul  out  until  late  in  July,  the  older  ones  coming     l.  A.  Noyea,  p.  82. 
first  and  the  younger  ones  later;  and  they  herd  by 
themselves  during  May,  June,  and  «Tuly,  because  were  they  to  approach 
the  breeding  grounds  the  bulls  would  drive  them  off  or  destroy  them. 


The  young  males,  or  bachelor  seals  [begin  to 
appear  J,  about  the  same  time  [June  1], 


Thomas  F.  Ryan,  p.  174. 


THE  KILLABLE   CLASS. 


Page  120  of  The  Case. 
(See  "The  Eillable  Class,"  nnder  "  Management  of  the  Seal  Rookeries.") 

FEEDING. 

Page  121  of  The  Case. 
[See  also  "  The  Cows Feeding  Excnrslons."] 

The  greater  part  of  the  older  bachelors  appear  to   John  Armstrong,  p.  i. 
be  always  about  the  rookeries  after  the  cows  come. 

While  the  same  seals  [large  bachelors]  in  Sei)tember  are  very  thin  in 
flesh,  or  in  about  the  same  condition  as  the  bull 
seals  then  are,  which,  it  is  well  known,  do  not   John  Armstrong, p.  2. 
leave  the  rookeries  for  some  four  months,  on  the 
other  hand,  the  yearlings  and  2-year-old8  remain  in  good  condition  the 
entire  season,  and  must,  I  think,  go  off  to  the  feeding  grounds  occa- 
sionally during  the  summer. 

The  "  Holluschickie"  (bachelors)  do  not  go  out  to  feed.    When  they 
come  in  May  there  is  plenty  of  fish  in  their 
stomachs,  but  after  June  there  is  nothing.  ^«''-P  ^uterin,  p.  103. 

Young"  wigs  "go  into  the  water,  but  during  the     <?«o.   Comer,    p.   698 
breeding  season  hang  around  the  rookeries,  never  (-^^toictto). 
going  far  from  shore. 


;5ffl 


rM 


160 


THE   BACHELORS. 


11 


I  '! 


I  have  also  observed  that  the  male  seals  killed  soon  after  they 

come  to  the  islands  are  iut  ami  their  stomachs 

C.L.  Fowler,  p.  26.         filled  with  food,  while  those  killed  in  the  latter 

part  of  the  season  are  poor  aud  lean  and  without 

food  in  their  stomachs. 

I  do  not  think  the  bachelors  go  to  feed  from  the  time  they  haul  out 

until  they  leave  the  islands  in  November,  for  I 

Jno.  Fratit,  p.  108.        have  observed  tlni  males  killed  in  May  are  fat  and 

their  stomachs  full  of  fish,  mostly  codfish,  while 

the  males  killed  in  July  and  afterwards  are  poorer  and  poorer  aud  their 

stomachs  are  empty. 

Of  the  stomachs  of  the  kilLable  seals,  I  may  say  that  there  is  no  de- 
gree of  regularity  in  what  may  be  found  in  them; 
W.  S.  Hmefordfp.  35.     perhaps  oftener  nothing,  many  times  a  few  worms, 
frequently  a  few  small  stones,  sometimes  a  quan- 
tity of  i>ea-soup-looking  tiuid,  the  result  of  the  j)rocess  of  digestion, 
while  some  may  contain  the  remains  of  fish  bones,  kelp,  etc. 

I  think  the  bachelors  do  not  eat  from  the  time  they  arrive  till  they 

go  away,  and  I  think  so  because  the  seals  killed 

Nicoii  Krukoff,  p.  133.    in  May  and  early  June  are  fat  and  have  i)lenty  of 

food  in  their  stomachs,  while  those  killed  hiter  than 

June  are  poor  and  their  stomachs  are  empty,  and  they  get  poorer  and 

poorer  until  they  go  off  in  November. 

And  I  have  found  that  the  seals  killed  in  May  and  early  June  were  fat 

and  that  their  stomachs  were  full  of  food,  princi- 

Anton  Melovedoff,  p.  144.  pally  codtish,  and  that  later  in  the  season  they 

were  poor  and  had  nothing  in  their  stomachs. 

Young  males  killed  in  May  and  June  when  examined  are  found  to  be 

in  prime  condition,  and  their  stonmchs  are  filled 

J.  C.  Eedpath,  p.  149.    with  fish — principally  codfish — but  those  killed 

later  in  the  season  are  found  to  be  poor  and  lean 

and  their  stomachs  empty,  which  shows  that  the  males  rarely  leave  the 

islands  for  food  during  the  summer  months. 

I  have  observed  that  the  male  seals  taken  in  the  forepart  of  the  sea- 
son, or  within  a  few  days  after  their  arrival  at 
Dan'l  Webster,  p.  180.     the  islands,  are  fat  and  their  stomachs  contain 
quantities  of  undigested  fish  (mostly  cod),  while 
the  stomachs  of  those  killed  in  the  latter  part  of  the  season  are  empty; 
and  they  diminish  in  flesh  until  they  leave  the  islands  late  in  the  sea- 
son.   I  am  of  the  opinion  that  while  the  female  often  goes  long  dis- 
tances to  feed  while  giving  nourishment  to  her  young,  the  male  seals 
of  two  years  old  and  over  seldom,  if  ever,  leave  the  islands  for  that 
purpose  until  they  start  on  their  migration  southward. 


MINGLING  WITH  THE  COWS. 
Page  122  of  The  Case. 

From  my  observation  as  to  the  vitality  of  male  seals  I  believe  that 
it  is  difficult  to  determine  with  absolute  accuracy 

J.  Stanley  Brown, p.  14.  the  cai)acity  of  the  bull  seal  for  rookery  service, 
as  it  must  in  large  measure  depend  upon  the  per- 


er  thoy 
;omach8 
e  latter 
without 


laul  out 
er,  for  I 
)  fat  and 
h,  while 
bud  their 


is  no  de- 
iu  them; 
V  worm  8, 
i  a  quau- 
iyestion, 


till  they 
\]»  killed 
plenty  of 
ater  than 
)orer  and 


3  were  fat 
d,  princi- 
sou  they 
achs. 

md  to  be 
are  filled 
se  killed 
and  lean 
leave  the 


the  sea- 
Lrrival  at 

contain 
Id),  while 
|e  empty; 

the  sea- 
lion  g  dis- 
|ale  seals 

for  that 


DEPARTURE    FROM    ISLANDS. 


161 


lieve  that 

iccuracy 

service, 

the  per- 


sonal equation  of  the  individual;  but  T  am  nevertheless  of  the  opinion 
that  a  conservative  estimate  would  be  that  he  could  serve  witliout  dif- 
ficulty at  least  one  cow  per  day  during  his  stay  upon  the  rookery.  Pos- 
sibly the  best  results  would  not  be  achieved  thereby,  but  this  capacity, 
taken  in  connection  with  the  fact  that  young  males  persistently  seek 
their  opportunities  upon  the  rookery  margins  .and  at  the  water's  edge 
during  the  entire  season,  leaves  no  doubt  in  my  mind  that  no  breeding 
female  leaves  the  island  unimpregnated. 

dp  to  the  20th  of  July  the  breeding  grounds  present  a  compact, 
orderly  arrangement  of  harems;  but,  under  the 
combined  influence  of  the  completion  of  the  serv-  j.  sianhy  Brown,  p.  16. 
ing  of  the  females  and  the  wandering  of  the  pups, 
disintegration  begun  at  that  date  rapidly  progresses.  It  is  at  this  time 
that  the  virgin  cows  of  2  years  of  age,  or  not  older  than  3,  mingle  moni 
freely  with  the  females  and  probably  enter  the  maternal  ranks,  for  the 
unsuccessful  males  and  nijiturer  bachelors,  no  longer  deterred  by  the 
old  males,  also  freely  wander  over  the  breeding  grounds. 

DEPARTURE  FROM  TUE  ISLANDS. 

Page  122  of  The  Case. 

And  they  (the  bachelors)  remain  on  or  about  the  islands  until  the 
inclemency  of  the  weather  compels  them  to  leave, 
which  is  usually  late  in  the  fall  or  early  winter,    a.  L.  Fowler,  p.  25. 
Occasionally  some  remain  till  late  in  January. 

The  bachelors,  cows,  and  pups  go  in  November,  the  older  bache^  i  a 
leaving  late  in  October  and  the  pups  in  Novem- 
ber.   Sometimes  in  good,  mild  weather  bachelors    AntonMelovedoff,2).Ui. 
are  found  and  killed  for  food  late  in  January. 

MIGRATION  OF  THE  HERD. 

CAUSES. 

Page  123  of  The  Case. 

All  the  seals,  when  they  leave  the  island,  go  off     Kerriok  Artomanoff,  p. 
south,  but  I  think  they  would  stay  around  here  all  lOO. 
winter  if  the  weather  was  not  so  cold. 

The  gi'eater  part  of  the  seals  that  we  find  in  the  North  Pacific  Ocean 
are  born  on  the  islands  in  Bering  Sea.  Most  of 
them  leave  there  in  October  and  November.  If  ggg  ""'"'  ^'■^""«'''  »• 
the  weather  is  mild  they  stay  longer,  but  when 
the  snow  falls  they  leave  the  rookery  and  take  to  the  water.  Here  they 
swim  around  for  some  days,  and  if  it  grows  milder  and  the  snow  melts 
a  great  many  will  haul  up  again,  but  if  the  weather  remains  very  cold 
all  leave  and  start  for  the  south. 

The  time  they*  leave  the  islands  is  generally  the  middle  of  November, 
but  the  weather  is  the  true  mark  of  such  depart- 
ure, they  seeming  to  be  unwilling  to  stay  after  chas.  Bryant,  p.  5. 
the  first  snow  or  sleet  comes.    On  departing  from 


f! 


U  B  S 


*  The  pups. 


li 


162 


MIGRATION   OF   THE   HERD. 


their  island  home  they  proceed  southward  through  the  Aleutian  passes, 
the  majority  going  through  «u'  to  the  eastward  of  the  pass  of  longitude 
172°.  Tlie  cause  of  tlieir  departure  is  doubtless  the  approach  of  cold 
weather  and  the  lack  of  sufficient  food. 

Providing  tlie  conditions  were  the  same  on  tlie  islaiuls  the  year  round 
as  they  are  in  tiie  summer,  and  providing  the  food  supply  was  sutfleient 
in  the  immediate  vicinity  of  the  islands,  I  think  the  seals  w(mld  remain 
on  or  about  the  islands  during  the  entire  year.  Tlie  seals  evidently 
consider  these  islamls  their  lioiiie  and  only  leave  them  by  reason  of  lack 
of  food  and  inclement  weatlier.  Some  seals  remain  about  the  islands 
until  the  first  of  January,  and  the  winters  of  1874  and  I.S75  being  excep- 
tionally mild,  seals  remained  on  or  iu  the  vicinity  of  the  islands  during 
the  whole  year. 


inn 


5 

I 


The  seals  leave  the  rookeries  iu  March  when  ice  begins  to  form  around 

-       ir^  »  ;•    ,  tlie  islands  ajul  the  snow  commences  to  fall.    The 

m\'Antmxtic)!        '  ^'  '^"^^'^''^  ^lel  Fuego  and  Patagonian  seals,  however, 

never  leave  the  rookeries  or  the  waters  in  the  vi- 
cinity, only  going  out  into  the  inland  waters  in  search  of  food.  About 
Terra  del  Fuego  no  iceibrms  and  no  snow  falls  that  remains.  The  tem- 
perature remains  about  the  same  sununer  and  winter.  1  tiiink  if  ice 
formed  tiiere  ami  there  was  nuich  change  in  the  temperature  the  seals 
would  migrate  northward  to  warmer  waters. 

The  seals  inhabiting  these  shores  do  not  migrate,  but  always  remain 
on  or  near  the  land,  only  going  a  short  distance 
Geo.    Comer,  p.    51)7  in  seai'ch  of  food,  and  at  all  seasons  and  in  every 
{AntarcUo).  mouth  of  the  year  seals  can  be  found  on  shore. 

I  am  of  the  opinion  that,  provided  the  weather  remained  the  same 

the  year  round  as  it  is  in  the  sununer,  that  tlie 

Sam'i  Falconer,}).  165.    seal  herd  would  stay  in  the  vicinity  of  the  Tribi- 

lof  Islands  during  tlie  entire  year,  for  the  seal 

evidently  considers  these  islands  its  sole  home.    Tlie  cause  of  leaving 

is,  as  I  believe,  tlie  ap[>ioach  of  cold  weather,  with  snow  and  ice,  and 

l)erhaps  a  lack  of  food  supply. 

Cold  stormy  weather,  with  sudden  heavy  frost,  will  drive  them  off 

sooner,  so  that  the  islands  will  be  deserted  by 

Jno.  Fratis,  j).  108.         December  15,  while  warm  weatlier  will  keep  plenty 

of  bachelors  here  until  late  iu  January,  when  I 

have  known  them  to  be  driven  and  killed  for  food. 

I  think  the  duration  of  the  winter  season  has  a  direct  bearing  on  the 

northward  migration  of  the  fur-seal  species,  as  I 

Norman  Hod(/aon, 2).  dGG.  have  observed  that  they  move  that  way  earlier 

after  an  opeu  winter  than  an  unusually  severe 
one. 

Q.  Judging  by  the  direction  that  seals  were  traveling  during  your 

experience,  where  do  you  suppose  was  their  des- 

^ndrew  J.  Hoffman, p.  tination?— A.  I  couldn't  say  as  to  that;  I  know 

they  traveled  southward  to  a  more  milder  cli- 
mate. 


CAUSES. 


163 


n  passes, 
ouj-itiide 
li  of  cold 

^iir  roinul 
sufflcioiit 
Id  remain 
jvidently 
III  of  liu;k 
e  islands 
ngexcep- 
Is  during 


in  around 
['nil.  The 
however, 
in  the  vi- 
[.  About 
The  tem- 
ink  if  ice 
the  seals 


ys  remain 
;  distance 
I  in  every 
1  shore. 


le  same 
that  the 
le  Pribi- 
the  seal 
leaving 
ice,  and 


them  off 
erted  by 
ep  plenty 
when  I 


g  on  the 


jcies. 


as  I 
ly  earlier 
y  severe 


•ing  your 

heir  des- 

I  know 

lilder  cli- 


The  climate  and  food  supply  nmloiibtedly  control  the  migration  of 
the  seals  as   they  do  othei  animals.     The  old 

males  being  hardier  and  stronger  can  withstand  ^..j''  ^'-  '^""i'*"")  ''"'•  h  P- 
the  climate  and  secure  food  umler  comlitions  that 
would  be  uiienduiable  for  females  and  young.  Male  seals  remain  upoa 
and  around  the  islands  until  the  i(!e  appears.  Tiie  natives  say  tlu^  cod- 
lish  also  disappears  with  the  iirst  a[)peanince  of  ice.  Many  of  these 
males,  I  b»ilie\e,  remain  upon  the  Ashing  banks  in  IJcring  Sea  during 
the  I'cst  of  the  winter.  JSome  of  tln-m  go  to  the  banks  outside  of  the 
Aleutian  chain,  and  others  to  the  banks  farther  east. 

Tlie  fur  seal  belonging  to  this  island  [(luadelupe.J  docs  not  migrate, 
the  climate  being  suthcicntly  unitbnn  all  the  year 
round  to  nuike  it  unnecessary  for  them  to  do  so.         """^  Lkbcg^p.^io. 


The  movements  of  the  seals  are  governed  quite      Anion 
considerably  by  the  weather.  ^'^*' 


Mclovidoff,    p. 


Early  in  November,  convoyed  by  the  older  seals,  the  pups  leave  the 
island  and  go  to  the  soutliward,  apparently  nn)ved 
thereto  not  only  by  migratory  instincts,  but  be-  H.H.Mclntyre,pAl. 
cause  the  weather  at  the  islands  at  this  time  be- 
comes unendurably  severe  for  them,  and  perhaps  for  the  furtlier  reason 
that  a  sulhcient  food  supply  for  all  can  not  be  found  in  the  immediate 
vicinity  of  tlie  islands.  But  the  inference  is  reasonable  that  they  i)re- 
fer  to  stay  upon  or  near  the  islands  at  tliis  time,  from  the  fact  that  as 
long  as  the  weather  is  comfortable  the  pups  andnonbreeding  seals  may 
always  be  found  there  in  large  numbers;  and  even  after  snowfalls  and 
severe  weather  has  been  recorded,  the  nonbveetling  nniles,  upon  the  re- 
currence of  milder  weather,  again  report  to  land,  and  have,  witliin  the 
time  of  my  connection  with  tlie  business,  been  repeatedly  captured  upon 
the  islands  in  considerable  numbers  in  December  and  January.  With- 
out the  data  at  hand  from  which  to  absolutely  verity  my  statement,  I 
think  I  am  correct  in  saying  that  this  class  of  animals  remained  in  the 
vicinity  of  the  islands  throughout  three  of  the  twenty  years  fiom  1870 
to  1890,  and  more  or  less  of  them  were  killed  on  shore  in  every  month, 

I  believe  all  classes  of  seals  would  remain  constantly  about  the 
islands  if  conditions  of  climate  and  food  supi^ly  were  favorable  to  their 
doing  so. 

On  the  approach  of  inclement  and  wintry  weather  the  seals  migrate 
to  find  places  where  food  is  abundant  and  where 
the  climatic  conditions  suit  them  best;  but  it  is     H.W.McIiityre,p.l36. 
notable  that  they  are  govcMica  in  this  solely  by 
consideration  of  their  own  comfort  and  convenience,  and  not  by  any 
fixed  or  even  approximate  time. 

Indeed,  so  well  are  the  people  of  the  islands  aware  of  their  habits  in 
this  respect,  that  they  carefully  watch  for  the  approach  of  ice  or  of  se- 
vere storms  from  the  northwest  before  taking  their  supply  of  seals  for 
Avinter  food. 

I  have  seen  many  seals  upon  the  Island  each  month  in  the  year,  with 
a  possible  excep/  ion  of  the  month  of  March ;  and  I  have  been  informed 
that,  since  I  left  the  service,  seals  have  been  seen  and  captured  ou  shore 
in  this  mouth  also. 


164 


MIGRATION   OP   THE   HERD. 


The  time  of  thoir  •  departure  depends  a  good  deal  oiitlio  state  of  the 

weather;  if  the  winter  is  open,  they  may  be  found 

T.F.  Morgan, p.  62.        much  hiter  upon  the  islan<ls,   and    if  particu- 

hirly  warm,  seals  may  be  found  during  the  whole 

winter  upon  and  about  the  isbnnls.     Probably,  too,  they  are  in<bu;ed  to 

leave  the  islands  in  pursuit  of  food.    In  my  opinion,  it' the  islands  were 

a  little  warmer  in  winter  and  not  surrounded  by  ice,  the  seals  would 

remain  there  the  year  round,  as  they  evidently  consider  the  Pribilof 

group  their  home. 

The  seal  life  seems  reluctant  to  depart  from  the  islands,  and  does  not 

entirely  disappear  before  December  or  January; 

J. M.Morton, p. &i.        while  indeed,  if  the  winter  be  an  open  and  mild 

one,  some  of  the  old  males  will  not  depart  at  all. 

The  seals  are  undoubtedly  driven  from  the  island  by  the  severe  winter 

climate  of  Boring  Soa  and  the  necessity  of  seeking  food.     Were  it  not 

fer  these  facts,  I  should  be  unable  to  conceive  of  any  reason  for  their 

migration. 

They  do  not  migrate,  but  may  be  found  on  and  about  the  islands 
at  all  times  of  year.    With  this  exception  their 

Chaa.  W.Eeed,p.i72.  habits  do  not  vary,  as  far  as  I  know,  from  those 
of  fur-seals  in  .A.laskau  waters. 

The  fur  seals  of  the  north,  unlike  the  hair  seals,  do  not  seem  to  like 

the  severe  cold  weather  and  ice  of  the  north,  for 

C.  M.  Scanimon,p.  475.    they  migrate  to  the  southward  upon  its  approach, 

while  those  inhabiting  tlio  tro])ics,  as  at  the  Gal- 

lapagos  Islands,  leave  the  islands  iierhaps,  but  do  not  go,  so  far  as  is 

known,  to  any  great  distance. 


i; 


Fur-seals  first  appear  off  the  coast  of  the  mainland,  in  the  neighbor- 
hood of  Port  Etches,  early  in  the  month  of  April, 
J.  W.Smith, p. 233.         providing  the  winter  has  been  one  of  average 
duration.    I  believe  the  severity  of  the  winter 
season  has  a  direct  bearing  on  the  time  of  the  movement  northward  of 
the  fur-seals,  as  I  have  observed  that  if  it  has  been  an  open  one,  they 
ai>pear  at  an  earlier  date;  !whJlo  .jfter  an  unusually  severe  one  the 
seals  are  later  in  making  their  appcirauce. 

THIi  COURSE. 


I 


Jno.  Alexandroff  et  al. 
229, 


Page  124  of  Tbo  Case. 

Our  occupation  does  not  take  us  below  the  entrance  to  Cooks  Inlet, 
in  a  line  from  Cape  Elizabeth  on  the  peninsula  to 
Cape  Douglass  on  the  mainland  opposite.  In  the 
latter  part  of  June  and  the  first  part  of  July  a 

few  straggling  fur-seals  are  seen  about  the  entrance  to  the  inlet,  but  the 

actual  time  of  their  api>earance  is  uncertain. 

Andrew   Anderson,   p.      I  usually  first  fall  in  with  fur-seals  off  Cooks  Tn- 
^^^*  let  about  the  first  of  June. 


•  The  pups. 


to  of  the 
be  fonnd 

particu- 
be  whole 
idiuted  to 
luls  were 
la  would 

Piibilof 


does  not 
January; 
and  mild 
irt  at  all. 
re  winter 
ere  it  not 

for  their 


le  islands 
tion  their 
loin  those 


era  to  like 
north,  for 
approach, 
,t  the  Gal- 
)  far  as  is 


neighbor- 
of  April, 

'  average 
le  winter 

thward  of 
one,  they 

0  one  the 


THE   COURSE. 


165 


»ok8  Inlet, 
juinsula  to 
B.  In  the 
of  July  a 
et,  but  the 


■  Cooks  In- 


Tlie  main  herd  of  the  fur-soals  bound  for  the  Pribilof  Tshinds  mo»    ■< 
throu<;'h  the  passes  of  the  l''o.\  Islands  of  tiii' Aleu- 
tian chain,  Uiiiniak  Pass  being  tlio  eastern  and      <'.  If.  Anderson, p. '2or>. 
fhe  Four  Mountain   Islatuls   Pass  the  western 

bounds  through  whieh  the  seals  move  in  largo  inimbera.  A  few  oeea- 
sionally  go  through  Morzhovoi  Pass  on  their  way  north,  and  in  the  pas- 
sage south  in  the  fall  gray  pups  often  stray  into  U'lalaska  Bay  as  far  as 
Captains  Harbor,  doubtless  thinking  it  is  one  of  the  passes  through  tlie 
group.  I  never  saw  a  fur-seal  in  the  water  between  i'.tku  and  the  island 
Attn.  The  natives  along  the  northern  shores  of  Bristol  Bay  have  no 
knowledge  whatever  of  fur-seals,  nor  do  those  of  St.  Mi(;haels  appear 
to  be  any  better  informed. 

The  seals  flrst  pass  into  Bering  Sea  early  in  May  and  keep  on  arriv- 
ing as  late  as  the  latter  part  of  July,  but  most  of  them  1  think  entcu'  the 
sea  during  the  latter  part  of  iFune  or  early  in  July.  I  do  not  know  at 
wliat  times  they  leave,  but  have  observed  that  it  depends  on  the  mild- 
ness of  the  winter  how  soon  they  begin  to  depart.  I  can  not  distin- 
guish the  sex  of  seals  in  the  water.  Neither  do  1  know  the  usual  times 
of  the  arrival  and  departure  of  tiie  various  categories  to  and  from  the 
seal  islands;  do  not  know  through  which  passes  the  bulls,  bachelors, 
and  female!r>  rsually  move;  but  the  westernmost  passes  are  those  most 
frequented  by  gray  pups  in  the  fall  on  the  way  south. 


Seals  are  flrst  seen  at  Prince  William  Sound 
about  May  1. 


iV.  W.  Anderson,  p.  223. 


Fur-seals  usually  appear  in  the  vicinity  of  Nicoli  Apokche  et  ah, 
Cooks  Inlet  early  in  the  mouth  of  May.  P-  ^^• 

The  fur-seal  goes  away  from  the  island  in  the  fall  or  winter  and  he 
returns  in  May  or  June,  and  I  believe  he  will 
haul  up  in  the  same  place  each  year,  for  I  partic-     k.  Artomanoff,  p.  lOO. 
ularly  noticed  some  that  I  could  tell  hauled  up 
in  the  same  place  for  a  number  of  years;  and  when  we  make  drives, 
those  we  do  not  kill,  but  let  go  into  the  water,  are  all  back  where  we 
took  them  from  in  a  few  hours.    *    *    * 

When  they  come  back  to  the  islands  they  come  from  the  south,  and 
I  think  they  come  from  the  North  Pacific  Ocean  over  the  same  track 
that  they  went.  The  females  go  upon  the  rookeries  as  soon  as  they 
arrive  here,  but  the  yearlings  do  not  come  on  land  until  the  last  of 
July,  and  yearling  males  and  females  herd  together.  I  think  they  stay 
in  the  water  the  most  of  the  time  the  flrst  year,  but  after  that  they  come 
regularly  to  the  hauling  grounds  and  rookeries,  but  do  not  come  as 
early  in  the  season  as  they  do  after  they  are  2  years  old. 

I  start  the  season  off  Yakutat.    The  first  seals  are  seen  about  April 
first.    We  follow  the  seals  back  and  forth  as 

schools  come  along.  Chas.  Avery,  p.  218. 

Seals  are  flrst  seen  and  taken  by  me  each  year  off  Sitka  Sound  about 
the  middle  of  April.    Have  folio  \  ed  them  as  far 
north  as  Cape  Edward,  where  they  disappear     Adam  Ayonkee,  p. 255. 
about  June  30.    They  are  constantly  on  the  ad- 
vance up  the  coast. 


166 


MIGRATION  OP  THE   HERD. 


Q.  When  does  sealing  commence  in  the  Pacific,  and  when  does  it 
end  if — A.  Sealinj?  practically  commences  there  in 

Geo.  Ball, p.  482.  Jannary,  and  it  practically  ends  between  the  25th 

of  June  and  the  5th  of  Jnly.  The  latest  I  ever 
hunted  was  abont  the  5th  of  July,  and  with  very  indifferent  success. 

Q.  When  docs  sealing  commence  in  the  Bering  Sea,  and  what  rtato 
does  it  endf — A.  Sealing  commences  in  the  Bering  Sea  about  the  5th 
of  Jnly  and  ends  in  November,  with  heavy  weather;  that  is,  it  is  ended 
about  October  or  the  last  of  November  by  reason  of  the  bad  weather 
not  permitting  any  hunting  of  seals. 

Q.  Judging  by  the  direction  that  seals  were  traveling  during  your 
experience,  where  do  you  suppose  was  their  destination? — A.  In  the 
fall  of  the  year  they  leave  their  rookeries  and  travel  to  a  warmer  cli- 
mate, traveling  from  5  miles  to  100  miles  oftshore. 

I  have  first  seen  and  taken  seal  off"  Cape  Flattery  in  March;  have 
Wilton  c.  Bennett,  p.  followed  the  seal  up  as  far  as  Bartlett  Sound, 
366.  which  they  leave  about  June  1. 

Edward  Benson, p.  277.       Havc  hunted  seal  iu  canoes;  begin  to  hunt  the 
last  of  March  and  hunt  till  the  middle  of  June. 


l!i| 


l!l 


I  began  to  take  seal  off  Cape  Flattery  about  IMarch  1.    Followed  the 

seal  north  and  entered  Bei  ing  Sea  about  July  20. 

Martin  Benson,  p.  u)o.    The  seal  are  constantly  on  the  move  up  the  coast 

from  the  time  they  first  make  their  appearance  off 

Cape  Flattery. 

The  breeding  cows  and  full-grown  bulls  leave  first,  the  old  bulls  per- 
haps a  month  or  more  before  the  young  males  and 
William  Brenmn,r  358.  COWS.  They  travel  along  the  coast,  foUowing  the 
Japan  stream  on  both  sides  of  the  Pacific  Ocean, 
those  from  the  Pribilof  Islands  on  this  side,  and  those  from  the  Com- 
mander Island  on  the  Asiatic  side.  On  the  American  side,  some  of 
them  travel  as  far  south  as  Lower  California,  and  on  the  Asiatic  sitlo 
as  far  south  as  Japan  and  perhaps  farther.  On  the  American  coast 
they  are  found  as  early  as  January  oft'  southern  California,  in  limited 
numbers,  and  are  more  plentiful  farther  north  later  in  the  season. 
They  gradually  work  towards  the  north,  and  about  March  are  "bunch- 
ing" off  Grays  Harbor  and  the  Columbia  River,  and  are  found  in  large 
numbers  a  little  later  about  Cape  Flattery  and  Vancouver  Island. 
They  are  found  dose  inshore  to  40  or  50  miles  oft".  After  June  very 
few  rtiinain  along  the  coast.  A  few  stragglers  may  be  seen  about  that 
time;  the  most  of  them  start  in  earnest  for  the  rookeries  about  that 
time,  in  the  Bering  Sea.  The  cows  ai'e  at  this  time  heavy  Avith  young, 
and  are  slow  and  sluggish. 

On  the  United  States  Pacific  coast  and  Vancouvers  Inland,  in  fine 

weather,  they  are  found,  as  I  have  said,  40  or  .50 

William  Br :nnan,  p. ^GO.  miles  ott'shoro;  bat  during  bad  weather  they  a p- 

proju'-h  nearer  the  coast.    On  the  Japan  coast, 

about  November  or  earlier,  depending  on  the  weather,  they  are  seen  in 

great  numbers  among  the  islands  off  the  Nemoro  group,  and  I  have  also 

seen  several  oft"  Inneboi-Saki,  but  do  not  know  wliether  they  are  to  be 

found  oft'  that  coast  in  the  spring  or  not.     Steamers  and  schooners  going 

north  keep  close  inshore,  and  in  returning  too  far  oft'  to  see  seals,  pro- 


THE    COURSE. 


167 


n  does  it 
?s  there  in 
n  the  25th 
3st  I  ever 
success, 
vliat  (late 
it  the  5th 
t  is  ended 
1  weather 

iin{T  your 
\.  in  the 
inner  cli- 


fch;  have 
tt  Souud, 


I  hunt  tlie 
3f  June. 

lowed  the 
t  July  20. 
tlie  coast 
araucc  off 


bulls  per- 

iimlcs  and 

)wing  the 

He  Ocean, 

the  Coni- 

some  of 

atic  side 

an  coast 

I  limited 

season. 

"bunch- 

I  in  hxvgo 

•  Island. 

uue  very 

)out  that 

)out  that 

1  young, 


e 


in  flno 
40  or  50 
they  ap- 
n  coast, 

seen  in 
lave  also 
re  to  be 
jrs  going 
sals,  pro- 


vided they  travel  that  coast,  as  T  believe  they  do,  many  having  been 
shot  off  the  Kurile  Islands  in  the  spring  and  sunimer  uionil.s. 

All  the  seals  along  the  coast  go  to  the  Prybilof  Islands  to  breed* 
The  cows  leave  here  in  June  and  the  yearlings 
some  time  in  the  middle  of  July.  Bowa-Clmp,  p.  376. 

The  fur-seals  appear  off  Cape  Flattery  and  in  the  Straits  of  San  Juan 
de  Fuca  about  the  last  of  December  and  go  and 
come  until  about  the  middle  of  June,  but  year-     Petcr  Brown,  p.  378. 
lings  and  2-year  olds  remain  considerably  later. 

From  my  inquiries  and  observations  T  am  convinced  the  seals,  after 
going  through  the  Aleutian  passes,  seek  the  vast 
schools  of  fishes  which,  at  this  season  of  the  year,      Charles  Bryant,  7>.5. 
are  to  be  found  in  the  North  Pacific,  tlicn  follow- 
ing these  fishes  as  they  migrate  towards  the  Ameri<'an  coast  for  the  pur- 
pose of  spawning,  they  appear  off  the  California  coast  during  the  early 
part  of  the  year.    The  seals  then  go  lunthward,  still  following  these 
schools  offish,  the  males  arriving  again  at  Bering  Sea  in  the  early  part 
of  May  and  the  females  in  June  and  July  and  proceeding  at  once  to  their 
island  home. 

The  young  seals  are  now  a  year  old.  and  I  am  of  the  opinion  the  sexes 
herd  together.  Tiiis  year  they  leave  the  islands  a  little  earlier  than  the 
previous  season  and  make  the  same  migration  in  search  of  food.  Re- 
turning again,  this  time  as  ''two-year-olds,"  the  males  go  upon  the 
hauling  grounds  with  the  bachelor  seals  and  the  females  land  on  the 
breeding  rookeries.  It  is  probable  that  the  females  of  this  age  are  fer- 
tilized by  the  bulls  aiul  leave  the  islands  in  the  fall  pregnant. 

In  the  full  of  the  year,  chiefly  during  November,  when  the  wind  com- 
ing from  northerly  directions  blow  tliem  toward 
these  shores,  was  the  time  to  go  out  and  capture  ^^^^^rdukofakietal., 
the  young  seals. 

When  tae  wind  blew  from  tho  southerly  directions  no  pups  were  to  be 
found.  I  never  saw  any  older  seals  wifh  them,  and  can  not  say  Just  what 
time  the  seals  of  jiii'erent  ages  and  sexes  go  through  the  i)assesin  this 
vicinity. 

I  believe  thr>e  pufis  were  the  weaker  ones,  who  could  not  follow  their 
mothers,  and  being  temporarily  lost  were  driven  by  northerly  winds 
into  the  quieter  bays  and  liarbors,  and  there  rested.  No  old  seals  ever 
haul  out  in  thi.;;  vicinity.  Immediately  after  northerly  gales,  and  before 
the  wf»ter  has  grown  so  quiet  that  the  young  pups  can  again  continue 
tlteir  jouniey,  is  the  best  time  for  cai)turing  them.  There  is  no  regular 
time  ahonc  tliis,  it  depends  on  the  weather.  In  late  years  I  have  not 
hunted,  but  '(rhen  I  did  this  village  caught  from  150  to  200  pups.  So 
much  depends  on  the  weather  that  sometimes  more  and  sometimes  less 
are  caught.  In  recent  years  guns  and  occasionally  fishing  nets  are 
used  with  better  results. 


Seals  appear  off  this  coast  the  latter  part  of  December,  and  are  gone 
by  the  middle  of  July.     <3ows  ajjpear  to  leave 
earlier  than  the  younger  ones. 


Landia  CaUapa,p.  379- 


First  seea  and  toien  se.al  by  me  off  the  Columbia  River  in  February. 
The  seal  are  COT    ♦^aiiiiy  advancing  np  the  coast. 
We  follow  the  seal  up  the  coast  uutil  we  euter  the     chaa.  Campbell,  p.  256. 
sea  about  July  6. 


!!1 

HI 


168 


MIGRATION   OP   THE    HERD. 


ll 


I ' '  I 


I  h  i 

m 


tr ' 


In  tlie  latter  part  of  June  and  the  first  part  of  July,  while  engaged 

in  hunting,  we  have  observed  fur-seals  about  the 

229^""  c'a)(e<a&  ct  al.,  p,    entrance  of  the  inlet,*  passing  to  the  westward; 

but  have  never  seen  any  above  Anchor  Point. 

I  usually  left  San  Francisco  in  February  or  March  of  each  year  and 

sealed  along  the  coast,  following  the  herd  north 

Jas.L.Carthcut,  p.  i09.  on  their  way  to  their  breeding  grounds  on  the 

Pribylov  Islands  in  the  Bering  Sea.    I  usually 

entered  the  sea  about  the  1st  of  July  and  came  out  in  September. 

During  the  months  of  March,  April,  May,  and  June  the  seals  in  the 
North  Pacific  are  traveling  leisurely  towards  the  passes  into  Bering 
Sea. 

We  generally  left  San  Francisco  in  March  or 
Chas.  Chalall,  p.  410.  April,  and  we  sealed  along  the  coast  up  to  Queen 
Charlotte  Sound. 

About  the  middle  of  April  the  first  seal  are  seen  and  taken  by  mc  ^«f^ 
Simeon  Chin-koo-tin,  p.  ^i^ka  Souud.    At  this  time  the  seals  are  advai..; 
256.  ing  up  the  coast. 

Last  year  (1891)  I  hunted  for  seals  at  sea.    We  first  met  them  in  the 
region  ol  Prince  William  Sound,  and  followed 
Julius  Chriatianam,  p.  them  to  the  vicinity  of  the  Barren  Islands  off 
219.  Cooks  Inlet. 

Have  first  taken  seal  off"  Sitka  Sound  the  middle  of  April.    Followed 
the  seal  up  the  coast  as  far  as  Yakutat,  where 
Peter  Church,  p.  237.     ^^^^  disappeared  the  last  of  June. 

Jaa.  ciaplanhoo,p.38l.  Seals  generally  appear  off"  Cape  Flattery  about 
the  20th  of  December. 

About  the  1st  of  January  seals  begin  to  appear  around  the  cape  and 
slowly  make  their  way  north  and  are  gone  by  the  middle  of  July.  The 
grown  cows  are  the  first  to  .<?o,  and  leave  before  the  middle  of  June. 
Young  seals  remain  to  the  last. 

Have  hunted  fur-seal  nine  years  in  Dixons  Entrance  and  off  Prij.ee 
of  Wales  Island,  in  and  between  March  and  June. 
Wm.  Clark,  p.  293.       rpj^^  ^^^^  disappear  early  in  June,  going  north. 


Q.  When  does  sealing  commence  in  the  Pacific  and  when  does  it 

end? — A.  Sealing  commences  in  the  Pacific  about 

Dani.  ciauaaen,  p.  412.  the  1st  of  January  and  ends  about  the  1st  of  July. 

Q.  When  does  sealing  commence  in  tho  Bering 
Sea  and  when  does  it  end? — A.  Sealing  commences  in  the  Bering  Sea 
about  the  1st  of  July  and  ends  about  the  last  of  0(;tober. 

Q.  Judging  by  the  direction  that  seals  were  traveling  in  the  spring 
of  the  year,  during  your  experience,  where  do  you  suppose  was  their 
destination? — A.  To  the  rookeries  in  the  Bering  Sea. 

*Cook. 


an  gaged 
)out  tbo 
sstward ; 
•oint. 

rear  and 
•d  north 
1  on  the 
usually 
ber. 

Is  in  the 
»  Bering 


larch  or 
»  Queen 


)y  mc 
advai 


.^v 


m.  in  the 
followed 
lands  off 


J'ollowed 
tt,  where 

ry  about 

sape  and 
ly.  The 
)f  June. 


PriTice 
lid  June, 
lorth. 

does  it 

\c  about 

)f  July. 

Bering 

^ng  Sea 

spring 
18  their 


(*•■ 


THE   COURSE. 


1G9 


neighborhood  of 


I  have  observed  that  fur-seals  first  appear  in  the 
Cooks  Inlet  in  small  schools  about  the  middle  of 
April,  coming  from  the  southward,  and  increase  in 
numbers  until  the  latter  pa.rt  of  May,  traveling 
along  the  coast  of  the  mainland  from  the  eastward  to  the  westward 


M.  Cohen,  p.  225. 


Upon  the  approach  of  winter  the  seals  leave  their  home,  influenced 
doubtless  by  the  severity  of  the  climate  and  de- 
crease in  the  food  supply.  They  go  southward,  w.  E.  Ball, p.  23. 
making  their  way  through  the  passes  of  the  Aleu- 
tian chain.  In  latitude  50°  or  thereabouts,  extending  across  the  Pacific 
east  and  west,  is  a  warm  current  of  about  70  or  80  miles  in  breadth; 
in  this  warm  water  are  found  fish  and  crustaceans.  This  current  sets 
eastward  and  is  somewhat  quickened  at  the  approach  of  spring  m  har- 
money  with  the  monsoons  of  its  place  of  origin.  In  the  spring  and  fall 
I  have  seen  seals  in  these  warmer  waters,  but  in  August,  when  I  once 
crossed  the  current,  they  were  absent.  Undoubtedly  the  seals  find 
there  agreeable  temperature  and  suflBcient  food  supply,  and,  following 
the  eastward  set  of  the  current  and  the  migrations  of  the  fish,  find  their 
way  to  the  western  coast  of  the  United  States  and,  thence  turn  north- 
ward being  influenced  by  the  bountiful  food  S'lpply  along  the  northwest 
coast,  and  finally  by  that  route  return  to  their  home  upon  the  Pribilof 
Islands. 

The  cows  seem  to  disappear  from  the  coast  sooner  than  the  j'^oung 
seals  do. 

The  seals  first  appear  oft'  the  cape  about  Christ-     FrankDavia,  p.  383. 
mas,  and  I  have  caught  young  seals  as  late  as  July. 


First  found  and  taken  seal  off"  Cape  Flattery  in  J.anuary  and  followed 
them  up  the  coast  into  Bering  Sea,  which  they 
enter  about  June  20. 


George  Diahow,  p.  323. 


At  Afognak,  where  I  was  for  two  years  engaged  in  fur  trading,  han- 
dling skins  and  furs  of  all  (lescri])tions,  I  observed 
i  Uat  the  fur-seals  first  appear  off  that  part  of  the     John  Duff.  p.  277. 
•oast  in  small  numbers  about  the  latter  x)art  of 
die  month  of  April.    They  were  most  numerous  towards  the  middle  of 
TuT'G.  passing  in  schools  from  the  eastward  to  the  westward,  following  . 
t",v  iieral  trend  of  the  coast. 

The  seals  appear  in  the  straits  of  San  Juan  do  Fuca  the  latter  part 
of  December,  and  are  all  gone  by  the  middle  of 
July.  EUahuih,  p.  385. 

The  full-grown  cows  leave  this  vicinity  for  the 
north  earlier  than  the  younger  ones  do.    I  catch  more  young  seals  in 
May  and  June  than  I  do  earlier  in  the  season. 

A  year  ago  last  March  I  saw  a  heard  of  seals  of  from  500  to  GOO  just, 
above  Cape  Mendocino.    I  have  also  often  met 
large  numbers  scattered  along  the  coast  of  Cape     m.  C  Erskine,  p. 421. 
Flattery,  generally  from  10  to  20  miles  oftslKtre. 
I  have  never  been  around  the  coast  from  Sitka  to  Prince  William  Sound.. 
From  what  I  have  seen  and  heard  I  believe  seals  are  found  from  Cape 
Moudocino  up  to  Cape  Flattery  in  the  winter  mouths.    In  Deceiuberj, 


Hi 


«) 


:|. 


,  i 


lu- 
ll i. 


170 


MIGRATION   OF  THE    HERD. 


Jatinary,  February,  and  March  of  the  years  1890  and  1891 1  was  running 
on  lejiiilar  passenger  trips  from  here  to  Piiget  Sound.  I  frequently  saw 
both  seals  and  hunters.  I  think  the  seals  commence  to  leave  the  coast 
working  tlioir  way  north  in  March  and  April.  Two  years  ago  this 
spring,  within  20  or  30  miles  oft"  Cape  Flattery,  west  of  the  coast  of  Van- 
couver I  sighted  one  trip  five  or  six  sealing  schooners. 

The  seals  generally  appear  in  the  Bering  Sea  about  the  latter  part  of 

April.    I  think,  however,  their  arrival  depends  a 

M.  c.  Erskine,  p.  422.      great  deal  ujwn  the  season.    The  large  bachelor 

seals  and  the  old  bulls  are  the  first  to  enter  the 

sea  about  April  or  May,  and  the  cows  generally  commence  to  arrive 

and  are  seen  by  thousands  in  the  v  udls  of  June. 

This  seal  herd  is  migratory,  leaving  the  islands  in  the  fall  or  early 
winter  and  returning  again  the  following  spring; 

Saml.  Falconer,  I  i  nd  it  is  my  opinion  that  the  adult  males,  called 

bulls,"  return  as  near  as  they  are  able  to  the  same 
place  on  the  same  k  ■  .ery  year  after  year.  In  fact  the  natives  pointed 
out  to  me  one  old  bull  who  had  returned  to  the  same  rock  for  five  years 
successively. 

During  June  and  the  first  part  of  July  the  females  and  pups  go 
through  the  Passes,  and,  entering  Bering  Sea,  again  seek  the  islands. 
During  their  second  .summer  the  young  seals  herd  together,  the  females 
not  going  upon  the  breeding  grounds.  Again  in  the  fall  they  leave 
their  home  on  the  approach  of  cold  weather  and  make  the  second  mi- 
gration south.  After  this  migration  the  females,  now  "two-year-olds" 
or  "  virgin  cows,"  go  on  the  breeding  rookeries,  and  the  young  males 
on  the  hauling  grounds. 

I  have  observed  while  engaged  in  hunting  sea-otter,  that  fur-seals 

first  api)ear  off  this  part  of  the  coast  in  the  vi- 

VassiU  Feodor,  p.  230.    (inity  of  Cape  Elizabeth,  about  the  middle  of  the 

month  of  Aj)ril,  and  are  most  numerous  about  the 

middle  of  June.    They  move  across  the  mouth  of  the  inlet  from  the 

eastward  to  the  westward  in  schools. 


Wm.  Foster,  p.  220. 


The  seals  appear  off  Cooks  Inlet  about  May  Ist. 
They  appear  off  Unga  about  the  1st  of  June. 


I  always  hunted  seals  in  Dixon s  Entrance,  and  off  Prince  of  Wales 
and  Queen  Charlotte  islands  in  March  and  June. 
Drank,  p.  ju  .  rjj^^  ^^^^  disappear  in  June  towards  the  north. 

There  arc  seal  in  Dixons  Entrance  in  March,  but  the  wind  blows  so 

hard  that  it  is  imposible  for  us  to  hunt  them  in 

Luke  Frank,  p.  294.        canoes.  Have  always  hunted  in  Dixons  Entrance 

and  off"  Prince  of  Wales  Island  during  the  month 

of  May  and  June  each  year.    The  seal  all  disappear  about  the  first  of 

June,  going  north. 

Q 


When  does  sealing  commenoo  in  the  Pacific,  and  when  does  it 
end? — A.  Sealing  commences  in  the  Pacific  about 
Franklin,  p.  ^jj^  beginning  of  February  and  ends  about  the 
1st  of  May. 
Q.  When  does  sealing  commence  in  the  Bering  Sea  and  what  date 


Luther  T. 
425. 


» run  mug 
311  tly  saw 
tlie  coast 
ixfuo  tliis 
jtofVan- 


er  part  of 
lepciids  a 
bachelor 
enter  the 
to  arrive 


or  early 
g;  spring; 
les,  called 
)  the  same 
!S  i)ointed 
five years 

pups  go 
le  islands, 
le  females 
hey  leave 
Bcond  mi- 
^ear-olds" 
lug  males 


fur-seals 
n  the  vi- 
dle  of  the 
about  the 

from  the 


May  1st. 
June. 

of  Wales 
md  June, 
north. 

blows  so 
them  in 
n  trance 
le  month 
le  first  of 


does  it 
fie  about 
bout  the 

hat  date 


THE   COUESE. 


171 


does  it  end! — A.  Scnling  commences  in  the  Boring  Sea  about  the  Ist 
of  May  and  ends  about  the  last  of  September. 

Q.  Judging  by  the  direction  that  seals  were  traveling  in  the  spring 
of  the  year,  during  your  e>perionce,  where  do  you  suppose  Avas  their 
destination? — A.  The  seal  islands  and  the  Bering  Sea. 

When  the  seals  leave  the  island  they  go  southward  and  through  tho 
passes  of  the  Aleutian  Islands  and  into  the  Pa-     j^^^  Fratia  p.  108. 
citic  Ocean.  '  *  •      • 

Q.  When  does  scaling  commence  in  the  Pacific  and  when  does  it 
end? — A.    Sealing  connnences  about  the  1st  of 
January  ami  ends  about  the  middle  of  July  in   ^.^''""'"'^  ^-  ^'^''^HP- 
the  Pacific. 

Q.  Judging  by  the  direction  that  seals  were  traveling  during  your 
experience,  where  do  you  suppose  was  their  destination? — A.  Well, 
they  were  bound  toward  the  leering  Sea,  I  should  judge. 

I  have  found  fnr-scals  always  plentiful  in  the  water,  in  the  spring  and 
early  summer,  otf  the  Alaskan  Peninsula,  along 
the  fishing  banks,  from  20  to  30  miles  distant  from  431/""*'  ^'  ^"■^'"'i''  P' 
land,  but  have  seldom  seen  them  at  nuich  greater 
distance  than  30  miles. 


We  first  find  the  seal  off  Cape  Flattery  in  January, 
seal  up  the  coast  into  Bering  Sea,  where  we  ar 
rived  the  last  of  June. 


I  followed  tho 
Chad  George,  p.  365. 


Have  hunted  seal  between  Sitka  and  (3ross  sounds, 
pear  about  middle  of  this  month*  and  disappear 
about  the  last  of  June. 


They  first  ap- 
Jamea  Gondoiren,p.  259. 


Tho  seals  are  fimnd  oft"  the  coast  of  California  in  January  of  each 
year,  aiul  the  sealing  fleet  goes  along  with  them 
as  they  proceed  northward,  nevci  h)sing  track  of     e.M.  GrceHleaf,p.32L 
them  and  fishing  every  good  day.    By  the  latter 
part  of  June  fleet  and  seals  have  arrived  in  thevicinity  of  the  Aleutian 
Island  grasses.   Pregnancy  is  now  far  advanced,  and  young  ones  taken 
from  their  dead  mother's  womb  have  lived  several  days  on  the  decks  of 
the  ships.    Those  that  I  caught  last  year — the  pups,  I  mean — were 
thrown  overboard. 

In  the  latter  part  of  March  a  few  fur-seal  usually  first  make  their  ap- 
pearance in  Prince  Willliam  Sound,  and  are  most 
plentiful  in  the  latter  part  of  April.     They  are  ^^K^ohGregoroffetal.p. 
mostly  large  males,  very  few  fennilos  being  taken, 
and  those  only  towards  the  close  of  tho  season,  in  the  latter  part  of 
JMay. 

First  seal  seen  and  taken  were  off  Cape  Flat-     jaa.  Griffin,  p.  433, 
tery,  about  April  15,  and  followed  the  seal  into 
Bering  Sea,  where  we  arrived  about  July. 

Fur-seals  were  first  met  off  Cape  Flattery  as  early  an  the  first  part  of 
the  month  of  January,  and  increased  in  numbers 
until  the  early  part  of  June,  diminishing  again     a.  J.  Guild,  p.  231. 
towards  the  latter  part  of  tho  month.    Their  mi- 

*April. 


i  I 


11 


B^m 


172 


MIGRATION   OF   THE    HERD. 


Si. 


IMi 


Juratory  movement  is  from  the  soiiMiward  to  the  northward,  following 
the  {general  trend  of  the  <*oast  line.  They  first  api)i<)iuh  tlie  coast  eu 
masse  about  Cape  Flattery,  but  I  have  Ivuown  of  stragglers  beiug  seen 
as  far  soutli  as  Coos  Bay.  The  vessels  in  which  I  sailed  followed  the 
seals  up  the  coast  of  Vancouver  Island  as  far  north  as  Olayoquot 
Sound,  at  which  point  we  left  them  in  the  latter  part  of  J'My,  owing  to 
their  scarcity.  Otlier  and  larger  vessels  followed  them  to  a  greater 
distance,  generally  going  up  into  Bering  Sea,  and  k^'^ning  along  with 
the  main  herds. 

Q.  Have  you  any  experience  as  to  the  habits  of  the  fur-seals? — A. 
Not  any  more  than  they  seemed  to  emigrate  in 

Chai.G.nagman,pA35.  the  winter  and  go  north  in  the  summer.  That 
is  all  I  know  of  their  habits.  I  have  never  seen 
theni  out  of  the  water. 

Q.  What  time  of  the  year  do  you  generally  start  out  sealing  in  the 
Pacific  and  up  to  what  time  do  you  continue? — A.  From  the  Ist  of 
February,  as  a  general  thing,  until  about  June,  on  the  coast.  Then  we 
used  to  go  in  the  Bering  Sea.  I  have  not  been  there  for  four  or  five 
years. 

Q.  What  time  of  the  year  are  the  seals  all  out  of  t^'  '  Pacific,  laving 
gone  to  the  Bering  Sea? — A.  They  generally  leave  i.  June.  You  don't 
see  but  very  few  after  June. 

I  do  not  remember  ever  having  seen  a  fur-seal  in  the  water  between 

the  Four  Mountain  Islands  and  Attu  Island.  The 

Chaa.  J.  Hague,  p.  207.  main  body  of  the  fur-seal  herd  bound  to  and  from 

the  Pribilof  Islands  move  through  the  passes  of 

the  Fox  Islands,  Unimak  on  the  east  and  the  West  Pass  of  Umnak  on 

the  west  being  the  limits  between  which  they  enter  Bering  Sea  in  any 

number.    I  do  not  know  through  what  passes  the  different  categories 

move  or  tlie  times  oi  their  inovements.    Barely  see  fur-seals  in  the 

Pacific  between  San  Francisco  and  the  immediate  vicinity  of  the  passes. 

Have  hunted  fur-seal  in  a  canoe.  Have  had  my  hunting  lodge  on 
Dundas  Island  and  Nicholas  Bay,  and  hunt  seal 

Henry  Eaidane,  p.  2S1.  from  the  last  of  March  to  the  first  of  June  off 
Prince  of  Wales  Island,  in  Dixons  Entrance,  and 


Queen  Charlotte  Sound, 
north. 


They  all  disappear  about  Junel  on  theii"  way 


First  find  and  take  seal  in  January  off  Columbia  Eiver.    They  are 
then  advancing  up  the  coast.    We    follow  them 
Martin  Hannon,p.U5.  m^tji  they  enter  Bering  Sea  about  July  Ist. 

Q.  Have  you  any  experience  as  to  the  habits  of  the  fur-seal? — A.  I 
have  been  catching  a  good  many  of  them.    I  don't 

H.  Harmsen,  p.  442.  know  much  about  their  habits.  You  mean  on  the 
coast? 

Q.  Yes;  their  general  habits  of  going  and  coming? — A.  Yes,  they 
generally  come  round  on  the  coast  about  a  week  before  Christmas  and 
up  until  about  the  middle  of  June,  when  they  leave  the  coastand  go 
north. 

Q.  Wliat  time  of  the  year  do  you  generally  start  out  sealing  in  the 
Pacific,  and  up  to  what  time  do  you  continue? — A.  We  start  out  about 
New  Year's.  .,,. 

Q.  What  time  do  you  come  in  again? — A.  About  the  middle  of  Sep- 
tember or  October. 


following 
coast  eii 
t'iug  seen 
owed  tbe 
'layoquot 
owing  to 
ii  greater 
ong  with 

3al8? — A. 
Igrate  in 
er.  That 
iver  seen 

ig  in  the 

;he  1st  of 

Then  we 

ir  or  five 

ic,  l-aving 
Yoiidou't 


r  between 
and.  The 
and  from 
passes  of 
mnak  on 
ea  in  any 
ategories 
Is  in  the 
le  passes. 

lodge  on 
lunt  seal 
June  oif 
mce,  and 
theii'  way 


They  are 
ow  them 
t. 

1?— A.  I 
I  don't 
in  on  the 

es,  they 
tnas  and 
stand  go 

ig  in  the 
it  about 

of  Sep- 


THE   COURSE. 


173 


Q.  What  time  of  the  year  are  the  seals  practically  out  of  the  Ptaciflc, 
having  gone  to  the  Bering  Sea? — A.  About  the  middle  of  June. 

Q.  When  does  sealing  commence  in  the  Pacific  and  when  does  it 
end  ? — A.  Sealing  commences  in  the  Pacific  about 
the  Ist  of  January  and  ends  about  the  last  of     f^m.  Henaon,  p.  485. 
June. 

Q.  When  does  scaling  commence  in  the  Bering  Sea  and  when  does  it 
end? — A.  It  commences  in  the  Bering  Sea  about  the  Ist  of  July  and 
ends  about  the  1st  of  November. 

Q.  Judging  by  the  direction  that  seals  were  traveling  in  the  spring 
of  the  year  during  your  experience,  where  do  you 
suppose  was  their  destination  ? — A.  They  go  north      ^m-  Benson,  p.  48i. 
during  the  spring  of  the  year. 

Q.  When  does  sealing  commence  in  the  Pacific,  and  when  does  it 
end?— A.  Sealing  commences  there  about  the  1st  j„^^^^  j^  Hoffman,  p. 
of  January  and  ends  about  the  1st  of  June.  446. 

Have  seen  and  taken  the  first  seal  off  the  west  coast  of  Vancouver 
Island  in  April.    The  seals  then  are  on  the  ad- 
vance up  the  coast.  ^-  Sofafad,p.  260. 

In  regard  to  the  migration  of  the  seal,  from  all  I  have  learned  I  am 
of  the  opinion  that  the  seals  upon  leaving  the  ^  ,  rr 
Pribilof  Islands,  make  their  way  to  the  coast  of  503/'-  ^"''^"''  ^°'»'l'- 
California  and  Oregon  in  much  less  time  than  is 
generally  supposed.  The  females  and  young  leave  first,  commencing 
in  October.  The  younger  males  follow,  and  I  am  convinced,  join  and 
remain  with  the  females  until  they  return  to  the  islands,  although  it 
appears  that  they  do  not  haul  out  at  the  same  time  as  the  females. 
We  found  the  females,  yearlings,  and  two-year-olds  of  both  sexes  to- 
gether at  all  times.  I  have  been  told  by  seal  hunters  that  it  is  no  unusual 
thing  to  find  a  young  male  keeping  watch  near  a  sleeping  female;  that 
when  but  two  seals  are  seen  together  one  is  a  young  male  and  one  a 
female,  and  that,  if  either,  it  is  the  female  that  is  asleep. 

It  is  well  known  that  many  seals,  especially  males,  remain  on  the 
islands  well  into  the  winter.  According  to  the  statement  of  a  hunter 
who  was  on  board  at  the  time,  the  British  schooner  Borealis,  Hanson, 
master,  raided  Southwest  rookery  on  St.  Paul  Island  on  the  night  of 
November  27,  1891,  and  took  480  seals,  which  would  indicate  that  at 
that  time  seals  were  still  plentiful  on  the  island. 

I  visited  the  Pribilof  Islands  about  January  23, 1886,  in  command  of 
the  revenue  steamer  Rush,  and  was  told  that  a  "  drive"  had  been  made 
the  day  previous  to  our  arrival  and  1,000  seals  killed.  Quite  a  large 
number  of  seals  were  on  the  rookeries  at  that  time — all  males  I  was 
told.  We  sailed  on  that  cruise  January  2  via  Puget  Sound  abput  Jan- 
uary 9.  During  the  passage  from  Puget  Sound  to  Unimak  Pass,  after 
clearing  the  land  we  saw  fur-seals  nearly  every  day.  These  were  prob- 
ably some  of  the  last  to  leave  the  islands,  and  were  on  their  w.ay  to  the 
American  coast  in  search  of  food  and  a  milder  climate.  Those  which 
left  earlier  were  already  upon  the  coast.  As  shown  by  the  affidavits  of 
the  sealers,  they  begin  to  take  seals  on  the  coast  of  California  in  Janu- 
ary. 

Old  bulls  are  rarely  seen  south  of  Cims  Sound,  while  we  found  them 


174 


MIGRATION   OF   THE   HERD. 


plentiful  and  apparently  in  peaceful  possession  of  a  liberal  supply  of 
red  rockflsh  about  75  niJJes  off  Yakutat. 

As  the  cold  weathev  approaches,  tlie  Iciiiah^s  and  young  leave  Bering 
Sea,  and  about  two  months  later  appear  off  the  American  coast,  where 
they  find  a  genial  climate  .and  an  abundance  of  food.  They  appear  on 
tlie  coast  of  California  and  Oregon  simultaneously  with  the  smelt  and 
herring.  As  I  previously  reported,  we  learned  ui)on  our  arrival  at 
Astoria,  March  18,  that  the  smelt  had  come  and  gone;  tliat  they  were 
unusually  early  this  year.  We  were  told  by  the  sealers  oif  the  coast  at 
that  time,  and  our  observations  confirmed  it,  that  the  seals  were  mov- 
ing Jiorth  unusually  early.  On  the  coast  of  Alaska  in  April  and  May, 
when  according  to  our  observations  and  the  testimony  of  the  Indians 
seals  are  jnost  plentiful,  we  found  the  bays  filled  with  herring,  smelt, 
and  eulaehon. 


ill 


The  seals  commence  to  appear  in  the  Straits  of  San  Juan  de  Fuca 
about  the  1st  of  January  or  the  last  of  December 
Alfred  Irving,  p.  386.     and  come  and  go  to  the  middle  of  July.    The  gen- 
eral course  seemed  to  be  to  the  north,  and  by  the 
middle  of  June  the  grown  cows  were  most  all  gone,  but  the  younger 
ones  used  to  be  quite  plentiful  until  about  the  middle  of  July,  when 
they  would  also  disappear. 

Q.  What  time  of  the  year  do  you  generally  start  out  sealing  in  the 
Pacific  and  uj)  to  what  time  do  you  continue? — 
Guatave  /saacson, j).43t).  A.  In  the  middle  January  or  February. 

Q.  What  time  of  the  year  are  the  seals  all  out 
of  the  Pacific;,  having  gone  to  the  Bering  Sea? — A.  About  the  latter 
part  of  June. 

Q.  What  time  of  the  year  do  you  generally  start  out  sealing  in  the 
Pacific,  and  up  to  what  time  do  you  continue? — A. 
Frank  Johnson,  p.  441.  From  the  latter  part  of  January,  generally,  until 
the  latter  part  of  September;  the  middle  of  Sep- 
tember. 
Q.  Whjit  time  of  the  year  are  the  seals  i)i"actically  out  of  the  Pacific, 
having  gone  to  the  Bering  Sea? — A.  I  always  found  them  very  scarce 
in  the  latter  i)art  of  June. 

Svhvlnh  Johnson,  p.  389.  Seals  appear  off'  Cape  Flattery  in  December  and 
January  and  nearly  all  of  them  are  gone  by  the 
first  of  July. 

The  seals  first  make  their  appearance  about  the  middle  of  April  off 
Sitka  Sound,  and  disai)pear  about  July  1.    They 
P.  Kahiktday,p.  262.      ^re  then  on  their  way  up  the  coast. 

Do  not  knowwhere  the  old  bulls  spend  the  winter,  anddo  not  know 

the  routes  the  fur-seal  herds  take  in  their  migra- 

Saml.  Kahoorof,  p.  214.  tions  to  and  from  tlie  Comnmndcr  and  Pribilof 

islands;  neither  do  I  think  the  two  herds  come 

near  enough  together  in  these  latitudes  to  mix. 

p.  Kashcvaroff,  p.  261.        First  seal  were  seen  oft"  Sitka  Sound  in  May 
by  me.    We  followed  the  seals  as  far  as  Sand 
Point  ou  Unger  Island.  '^^ 


supply  of 

^o  Bering 
st,  where 
ppoi^r  oil 
melt  and 
irrival  at 
;hey  were 
e  coast  at 
rere  mov- 
ind  May, 
e  Indians 
iig,  smelt, 


de  Fnca 
December 

The  gen- 
,nd  by  the 
J  younger 
uly,  when 


ng  in  the 
uitinue? — 

7. 

lis  all  out 
the  latter 


ig  in  the 
ue?— A. 
ly,  until 

le  of  Sep- 

le  Pacific, 
ry  scarce 


nibcr  and 
ae  by  the 


April  off 
1.    They 


ot  know 

r  niigra- 

Pribilof 

ds  come 


in  May 
las  Sand 


THE   COURSE. 


175 


In  the  winter  time  some  youug  seal  frequent   P.  Kaahevaroff,]}.2Q2. 
the  inside  passage. 

Have  always  hunted  them  in  Dixons   Entrance  and  off  Prince  of 
Wales  Island  between   March  and  June.     Hunt 
them  until  the  last  of  May,  when  the  seal  dis-    King  Kankwa,  p.  295. 
appear,  going  north. 

Always  hunted  in  Dixons  Entrance  and  off  Prince  of  Wales  Islands 
in  May  and  June.    In  June  the  seal  all  go  up 
north.    They  come  in  March,  but  it  is  too  stormy   jim  Kaaooh,  p.  296. 
to  hunt  them. 

Have  first  seen  seal  off  Sitka  Souiid  about  Mike  Kethusduck, p.  2G2. 
Ai)ril  15.    They  all  disappear  by  the  last  of  June. 

I  usually  commence  the  voyage  near  the  coast  of  California  in  the 
early  part  of  January  and  continue  along  up  the 
coast,  following  the  herd  on  its  way  to  its  breed-   jaa.  Kieman,  p.  450. 
ing  grounds  until  the  latter  part  of  June,  hunt- 
ing all  the  way  and  entering  Bering  Sea  about  the  1st  of  July,  and 
remaining  in  those  waters  until  about  the  lOtli  or  lotli  of  September. 

Have  hunted  fur-seal  for  twelve  seasons  off  Prince  of  Wales  Island. 
Have  always  hunted  seal  a  month  and  a  half 
before  the  small  birds  hatch,  and  they  hatch  about   «^a8.  Elonackct,  p.  283. 
June  1.    The  seal  all  go  north  about  this  time. 

Have  hunted  fur-seal  for  three  years  in  Dixons  Entrance  and  off 
Prince  of  Wales  Island  in  tlie  month  of  May. 
The    seal  all  leave  there  by  the  first  of  Junej    liobert  Eooko,  p.  2i)G. 
think  they  go  north. 

Fur-seals  usually  first  appear  in  Prince  William    Frank  Korthp.  235. 
Sound  in  large  schools,  early  in  the  month  of  April. 

The  most  of  the  bulls  leave  the  island  in  September,  and  the  cows  in 
the  last  of  October  and  early  in  November,  and  the  pups  leave  in  No- 
vember; sometimes  when  the  weather  is  warm  a  few  seals  remain  until 
January  at  Northeast  Point  and  on  "  Sea  Lion  Rock." 

In  1890  we  kille<l  seals  at  both  iilac-es  late  in  January,  and  we  seen 
seals  on  Sea  Lion  Eock  in  January,  1892.  I  hava 
noticed  that  the  seals  go  off  south  as  soon  as  the  Jacob  Kotchootcn,  p.  i3i. 
beach  becomes  icy,  and  when  the  land  is  sur- 
rounded by  drift  ice  the  seals  disappear  entirely.  I  do  not  know  where 
the  seals  go  to  when  they  leave  the  island,  but  I  do  think  they  come 
back  to  the  same  rookery  every  year. 

First  seen  and  taken  seal  off  Sitka  Sound;  about  the  middle  of  April 
each  year  they  make  their  ajipearance.    They  are 
then  working  northward  and  westward.  '^'"'-  ^o""""*'.  P-  '^^^ 

At  this  village  we  see  no  seals  in  the  spring,  but  late  in  the  fall,  in 
late  October,  we  go  out  in  our  bidaikas  ami  catch 
with  spears  and  sometimes  guns  the  young  pups   ivan  Krukoff,  p.  206. 
which  were  born  on  the  seal  islands  in  the  sum- 


176 


MIGRATION    OB^    THE    HERD. 


r 


ill, 


I 


n 


IV] 


11, 


' !  •    1 


ii- 


fi  t , 


in:! 


iner  and  are  now  |?oing  south.  We  do  not  use  nets.  There  are  no  old 
.seals  witli  these  pups;  they  are  the  young  pups  that  are  driven  in  by 
by  the  stronjjf  north  winds.  Wo  go  out  as  far  as  the  cape  at  the  mouth 
of  Makushin  Bay  and  find  the  pups  hero  and  there;  they  are  nevei 
together  in  great  numbers. 

When  the  seals  leave  the  islands  they  go  to  the  southward,  and  when 

they  come  back  in  the  spring  they  come  from  that 

Aggei  Kuahen,  p.  130.    direction.    The  bulls  begin  to  leave  the  island 

about  the  middle  of  August,  and  most  of  them 

are  gone  by  the  middle  of  September.    The  cows  and  bachelors  leave 

in  November  and  the  pups  follow  or  go  with  the  cows.    When  the 

weather  is  good  a  number  of  seals  will  cling  to  the  beach  or  remain 

in  the  water  around  the  rookeries  until  December  and  sometimes  until 

late  in  January. 

Have  always  hunted  ofif  Sitka  Sound.  The  seals  generally  make 
their  appearance  about  April  15  of  each  year. 

Geo.  Ladmkfp.  264.  They  are  then  advancing  up  the  coast  and  disap- 
pear entirely  about  July  1. 

In  the  Victoria  vessels  we  started  in  to  hunt  fur-seals  oflf  Cape  Flat- 
tery in  February  both  years,  following  the  seals 
E.  L.  Lawson,  p.  221.     along  the  coast  as  far  as  the  Fair  Weather  ground. 
In  the  American  vessels  hunting  began  at  Sand 
Point  in  June,  and,  working  on  with  the  main  herd  from  that  vicinity, 
we  followed  the  seals  through  Uuimak  Pass  into  Bering  Sea. 

We  left  Vancouver  Island  on  the  Ist  of  June,  and  on  the  9th  of  the 

same  month,  when  off  Baranoff  Island,  put  over  the  hunting  canoes 

for  the  first  time.    Wo  stayed  with  the  main  herd  of  the  seals  until 

the  20th  of  June,  following  them  along  the  coast  to  the  vicinity  of  Cape 

St.  I]lias,  where  we  left  them  and  stood  across  to  the  entrance  to  Aku- 

tau  Pass,  occasionally  taking  a  few  fur-seals. 

Sealing  operations  were  resumed  on  July  18  to  the  southward  of  the 

Fox  Islands,  and  on  the  23d  we  entered  Bering 

Jaa.  E.  Lennan,p.S70.    Sea,  where  wh  remained  fourteen  days,  at  the  end 

of  that  time  returning  to  Vancouver  Island,  which 

was  reached  on  the  28th  of  August. 

The  vessels  leave  port,  the  most  of  them  going  out  either  from  Vic- 
toria or  San  Francisco  in  the  «arly  spring,  and 
Isaac  Liebea,  p.  452.      commence  their  season's  work  off  Cape  Flattery 
in  April  or  the  early  part  of  May.    They  then  fol- 
low the  seals  upon  their  northward  passage  towards  Bering  Sea  and 
finally,  in  June  or  early  in  July,  into  those  waters,  killing  every  animal 
possible  as  they  go.    They  formerly  commenced  their  voyages  still  fur- 
ther south  along  the  California  coast,  but  as  seals  have  become  scarcer, 
they  do  not,  in  the  last  year  or  two,  get  many  south  of  the  Oregon 
coast. 

The  first  seals  appear  in  the  strait  and  on  the  coast  about  the  last  of 

December  and  feed  along  the  coast,  and  seem  to 

Jame8  Lighthouse, p.  SdO.he  working  slowly  to  the  north,  until  about  the 

middle  of  June,  at  which  time  the  cows  are  pretty 

much  all  gone,  but  the  smaller  seals  remain  until  the  middle  of  July. 


xe  no  old 
veu  in  by 
lie  mouth 
ire  nevei 


and  when 
from  that 
he  island 
b  of  them 
ors  leave 
When  the 
)r  remain 
imes  until 


ally  make 
iach  year, 
md  disap- 


Dape  Flat- 
the  seals 
er  ground. 
,n  at  Sand 
it  vicinity, 


9th  of  the 
ng  canoes 
seals  until 
tyof  Cape 
ce  to  Aku- 

ard  of  the 
ed  Bering 
at  the  end 
and,  which 

from  Vic- 
priug,  and 
e  Flattery 
jy  then  fol- 
g  Sea  and 
}ry  animal 
IS  still  fur- 
le  scarcer, 
le  Oregon 


Ithe  last  of 
Id  seem  to 
labout  the 
I  are  pretty 
le  of  July. 


THE    COURSE. 


177 


I  seldom  see  an  old  bull,  itid  wheu  I  do  he  is  much  farther  from  laud, 
and  it  is  early  in  the  season. 

Tlie  seals  appear  oft"  the  coast  outsi<le  of  the  heads  in  the  early  part 
of  January.     They  are  traveling    all  tlie   time 
north,  and  from  that  time  on  to  Juue  they  are    iViUiam  ii.  Long,i..\ol^ 
traveling  towards  the  Bering  Sea. 

Q.  When  does  sealing  commence  in  the  Pacific  and  when  does  it 
end? — A.  It  commences  about  tlie  1st  of  January 
and  ends  about  the  last  of  June.  Charles  Lutjena,  p.  458. 

Q.  When  does  sealing  commence  in  the  Bering 
Sea  and  when  does  it  end? — A.  Sealing  commences  in  the  Bering  Sea 
about  the  fith  of  July  and  ends  about  the  middle  of  September. 

Q.  Judging  by  the  direction  that  seals  were  traveling  in  the  spring 
of  the  year,  during  your  experience,  where  do  you  suppose  was  their 
destination? — A.  The  Bering  Sea. 


First  seal  were  taken  off  Cape  Flattery  about 
the  middle  of  February.  We  followed  them  up 
the  coast  as  far  as  Mount  Edgecumbe. 

Have  hunted  from  San  Francisco  to  Kadiak. 
First  start  to  hunt  about  the  last  of  March.  They 
are  constantly  on  the  move  up  the  coast. 


George  McJlj'ine, p.  2C6. 


J.  D.  McDonald,  p.  266. 


The  fact  remains,  however,  that  the  great  mass  of  the  pups  migrate 
with  their  elders  down  through  the  passes  between 
the  islands  of  the  Aleutian  Archipelago  into  the  jj.  h.  Mcintyrep.  42. 
North  Pacific,  and  are  Ibund  at  any  time  during 
the  winter  months  east  of  longitude  17<P  west  and  north  of  latitude  3.50 
north.  Toward  spring  they  appear  in  increasing  numbers  olf  the  coasts 
of  California,  Oregon,  and  Washington,  and  as  the  season  advant^es 
still  farther  north  along  the  British  Columbia  and  Alaska  coasts  in 
March  and  April;  thence  westerly  in  May  and  June  and  July  until 
they  reappear  in  Bering  Sea.  Tae  course  pursued  by  the  seals  in  their 
migration  is,  to  some  extent,  a  matter  of  conjecture,  and  the  knowl- 
edge upon  which  evidence  is  given  concerning  it  can  not  of  course  be 
bas"d  upon  actual  personal  cognizance  by  any  one  man  of  all  the  lacts 
from  which  the  conclusion  is  reached;  but  it  is,  nevertheless,  1  have  no 
doubt,  as  accurately  stated  in  this  paragraph  as  is  Avar;v^"ted  by  any 
series  of  observations. 

The  pups  which  I  have  so  far  followed  in  their  first  migratory  round, 
now  appear  as  "  yearlings."  They  spend  perhaps  the  greater  ])or- 
tion  of  their  time,  the  second  summer,  in  the  water,  until  the  latt«'r 
liart  of  August  and  September,  when  they  come  upon  the  land,  both 
sexes  herding  together  indiscriminately.  Tliey  are  not  at  this  time,  nor 
are  their  elders,  particularly  timid.  Upon  the  near  approach  of  a  human 
form  they  start  toward  the  water,  but  generally  stop  and  look  about 
them,  uuless  closely  followed,  without  any  indication  of  fear,  and  leis- 
urely proceed  to  the  beach,  or  again  lie  down  upon  the  sand  or  rocks. 
The  same  demeanor  in  the  water,  when  about  the  islands,  as  they  calmly 
float  upon  the  surftice  until  a  boat  is  almost  upon  them  before  they 
awakeu  to  any  sense  of  danger,  seems  to  indicate  that  they  feel  at  home 
on  and  about  the  islands. 

They  again  migrate  southward  for  the  second  time,  upou  the  approach 

12IIS 


U 


i  ! 


» 


1 


178 


MIGRATION   OF   THE   HERD. 


I 


1, 

f 

m 


\n 


1' 


a  ^ 


Mi 


of  cold  weather,  going  a  little  earlier  than  in  the  preceding  year,  make 
the  siune  round,  and  return  to  tlie  isiands  as  "two-year  olds"  in  June 
or  July.  Now  the  sexes  separate,  the  t'einales  going  upon  the  breed- 
ing grounds,  where  they  are  fertilized  before  the  old  male  leaves  the 
island  in  August.  #  ♦  •  After  coitus  on  shore  the  young 
female  goes  off  to  the  feeding  grounds  or  remains  on  or  about  the 
beai'hes,  disporting  on  the  land  or  in  the  water,  as  her  inclination  may 
lead  her.  The  male  of  the  same  age  goes  upon  the  ''  hauling  grounds" 
back  of  or  beside  the  rookeries,  where  he  remains  the  greater  part  of  the 
time,  if  unmolested,  until  nearly  the  date  of  his  next  migration.  Here 
he  has  only  the  native  islander's  club  to  fear,  which,  in  the  best  inter- 
ests of  commerce,  should  not  be  used  on  him  until  the  following  year. 

Afttir  the  third  migration  the  female  returns  to  the  breeding  grounds 
to  be  delivered  of  her  first  pup,  and  the  umlo  comes  again  to  the  haul- 
ing grounds,  but,  as  a  whole,  considerably  earlier  than  he  did  when  2 
years  old.  Here  he  remains  pretty  constantly,  if  he  escapes  the  club, 
until  the  beginning  of  the  rutting  season,  when  his  instincts  lead  him 
to  stay  much  uf  the  time  in  the  water  adjacent  to  the  breeding  grounds 
through  which  the  females  are  passing  irora  and  to  the  rookeries,  or 
Avheu  allowed  by  the  older  non-breeders,  to  coquette  v,  ith  the  females 
upon  the  beach  stones  awash  at  the  edge  of  the  water. 

The  fourth  and  fifth  migrations  are  about  the  same  as  the  third.  The 
female  ha^  already  become  a  yearly  producer  of  a  single  offspring,  and 
the  uonproducing  male  is,  in  each  of  the  fourth  and  fifth  years  respect- 
ively, contributing  a  decreasing  number  of  skins  for  market,  and  p  'x- 
ing  size  and  strength  to  enable  him,  when  6  or  7  years  old,  to  > 

the  authority  and  jurisdiction  of  some  old  mjile  whose  days  of  u 
ness  are  numbered.    This  change  is  not  effected  without  sanguinary 
conflicts. 

Q.  What  time  of  the  year  do  you  generally  start  out  sealing  in  the 
Paciific? — A.  I  have  varied  always  from  the  llth 
Alex.  McLean,  p.  436.    of  Jaxiuary  until  the  llth  of  February. 

Q.  When  do  you  call  the  searson's  catch  over? — 
A.  About  the  llth  of  September;  probably  a  month  later.  I  usually 
ijet  back  about  the  llth  of  Septembei*. 

Q.  What  time  of  the  year  are  the  seals  all  out  of  the  Pacific,  having 
gone  to  the  Bering  Sea?  What  months? — A.  To  my  knowledge  they 
would  go  into  the  Bering  Sea  after  the  20th  of  June. 

Q.  What  time  of  the  year  do  you  generally  start  out  sealing  in  the 

Pacific,  and  up  to  what  time  do  you  continue? — 

Daniel  McLean,  p.  443.  A.  I  start  out  about  the  15th  of  December  and 

stay  out  until  about  the  1st  of  October. 
Q.  What  time  of  the  year  are  the  seals  practically  all  out  of  the 
Pacific,  having  gone  to  the  Bering  Sea? — A.  About  the  15th  of  June. 
Not  all,  but  the  body  of  them. 

He  states  that,  fur-seal  are  rarely  seen  in  Barclay  Sound,  and  are 
usually  found  off  the  coast  at  a  distance  of  from 

John  Margathe,  p.  308.  5  to  16  miles.  They  are  found  in  clear  water,  and 
never  close  the  land. 

The  seal  first  make  their  appearance  in  March 
Frederick Ma8on,p.28i.  off  Prince  of  Wales  Island,  and  leave  aboat  the 
middle  of  June, 


1    ! 


iir,  make 

ill  June 

10  bieod- 

jives  the 

10  youiiK 
bout  the 
tiou  may 
j;  rounds" 
lut  of  the 
II.  Here 
est  iuter- 
ing  year. 
;  grounds 
the  haul- 

11  when  2 
the  club, 
lead  him 

;  grounds 
leries,  or 
e  females 

hlrd.  The 
•ring,  and 
s  respect- 
aiid  g  "•>- 
,  to  » 

of  u 
inguiuary 


ing  in  the 
the  nth 

h  over? — 
I  usually 

|c,  having 
jdge  they 


|ng  in  the 
itinue? — 
iber  and 

it  of  the 
of  June. 


and  are 
le  of  from 
later,  and 


In  March 
Ibottt  the 


THE   COURSE. 


179 


I  believe  the  seals  come  to  the  Islands  from  the  southward,  and  when 
they  leave  in  November  or    DeccMubcr  they  go 
southward  tlirough  the  passes  of  the  Aleutian  Isl-    'S.  Melodduv,  i>.  U7. 
auds  and  into  the  I'acitic  Ocean. 

When  they  do  leave  the  ivsland  they  go  aonthward  and  psiss  once 


more  throngli  the  passes  of  the  Aleutian  Islands 
and  out  into  the  North  Pacific  Ocean. 


AnlQti  Mtloi'idoJ}, p.  Hi, 


Tlie  only  seals  taken  by  the  natives  of  this  place  [Unalaska]  are  the 
this  season's  pups  that  go  through  the  passes  dur- 
ing the  period  between  the  last  of  October  and    S.  Mvlnvidof  and  D.  Sal- 
the  last  of  November.    The  northerly  winds  bring  amatojf,  j*.  20S). 
them  in  the  direction  of  this  harl)or,  and  the 
uativCvS  go  out  in  their  bidarkas  and  spear  and  shoot  them  for  food. 
Sometimes  we  find  old  male  seals  with  them,  but  we  dare  not  attack 
them  in  tlte  bidarka.     The  mothers  are  not  w  itli  them,  and  there  are 
usually  no  seals  of  older  age  with  them.    They  are  the  weaker  of  the 
l)ups,  the  stronger  ones  going  on  through  the  passes.    No  old  seals 
haul  out  on  shore  here. 

The  seal  hunting  commences  in  March  und  ends  about  the  middle  of 
June.    The  seal  are  constantly  going  north  dur- 
ing that  time.    *    *    *    1  have  seen  a  few  fur-    Amoa  Mill,  p.  285. 
seals  in  the  waters  near  Prince  of  Wales  Island 
in  the  months  of  May  and  June. 


Start  the  season  off  Cooks  Inlet.  The  first  seals 
are  seen  about  May. 


P.  C.  Miller,  p.  223. 


Am  at  present  hunter  on  the  schooner  Henry  Dennis.    First  hunted 
seals  off  the  Farallone  Islands  in  February,  and 
followed  them  up    the  coast  into  Bering  Sea,    g.  E.  Miner,  p.  466. 
which  they  enter  about  the  10th  of  July.    I  think 
the  seals  are  constantly  on  the  move  up  the  coast. 

The  fur-seals  usually  appear  about  Cooks  Inlet  ^etry  Monin,  etal.p.225. 
early  in  the  month  of  May. 

Q.  When  does  sealing  commence  in  the  Pacific,  and  when  does  it 
end? — A.  It  commences  about  tlie  1st  of  January    ^,     ,  „ 
and  ends  about  the  last  of  June.  ^''""^  ^'"•'*«"'  P-  *'^8- 

Q.  When  does  sealing  commence  in  Bering  Sea  and  when  does  it 
end? — A.  It  commences  about  the  1st  of  July  and  ends  about  the  1st 
of  November. 

Q.  Judging  by  the  direction  the  seals  were  traveling  in  the  spring 
of  the  year,  during  your  experience,  whore  do 
you  suppose  was  their  destination? — A.  The  Ber-   Frank  Moreau,  p.  469. 
ing  Sea. 

Tho  Alaska  fur-seal  is  migratory,  leaving  the  Pribilof  Islands  in 
early  Avinter,  going  southward  into  the  Pacific 
and  returning  again  in  May,  Juue,  and  July  to    T.  F.  Morgan,  p.  61. 
said  islands. 


»i 


180 


MIGRATION   OF   THE   HERD. 


I 


m 


From  the  islands  thv^  pup  with  his  fellows  goes  southward^  passing 
through  the  passes  between  the  Aleutian  Islands, 

T.  F.  Morqan,  p.  62.  and  holds  its  course  still  south  till  lost  sight  of  iu 
the  ocean.  From  this  time  until  the  herd  reap- 
pears off  tJie  C.?liforniaii  coast  their  course  is  a  matter  of  belief;  but 
from  information  of  sea  captains  of  coasting  vessels  who  have  sailed 
(luring  the  winter,  seals  during  December  and  the  first  part  of  January 
art  found  heading  southeastwardly  toward  the  Californian  coast.  In 
Jan  lary  and  February  they  begin  to  appear  along  that  coast;  then 
tun  ng  northward  they  proceed  along  the  coast,  reaching  Vancouver 
I.sla.  d  about  March,  the  Southern  Alaska  coast  in  April  and  May,  and 
in  June  the  herd  reenters  Bering  Sea  and  proceeds  again  to  their  island 
home.  It  is  impossible  to  state  the  course  or  exact  time  of  migration 
with  comjilete  accuracy,  but  this  course  here  designated  I  believe  to  be 
approximately  correct.  The  pups  which  left  the  island  the  year  before 
have  now  become  "  yearlings,"  the  males  an<i  females  herding  together 
indiscriminately  and  not  coming  on  shore  until  sometime  in  August  or 
September;  they  also  leave  the  islands  a  little  earlier  than  the  first 
year  and  make  the  same  course  of  migration  as  before.  On  their  sec- 
ond return  to  the  island  as  "  two-year-olds"  the  sexes  separate,  the  fe- 
males going  on  the  breeding  rookeries  Avhere  they  are  fertilized  by  the 
bulls,  and  the  males  hauling  up  with  the  nonbreeding  rjales,  called 
"  bacheh)rs,"  on  the  so-called  "  hauling  grounds."  The  "  two-year- 
olds  "  again  migrate  southward  over  the  same  course  as  formerly.  On 
their  retui-.i  to  the  islands  the  female  goes  again  to  the  breeding  rook- 
eries and  there  brings  forth  her  first  pup.  From  this  time  forward  she 
increases  the  seal  herd  by  one  pup  annually,  and  the  male  of  the  same 
age  is  on  the  hauling  grounds  and  is  now  tjusidered  of  a  killable  age. 

The  fourth  and  fifth  migrations  are  practically  the  same  as  the  third. 

Matthew  Morris, p.  286.  First  took  ihe  seal  off  this  island  [Prince  of 
Wales]  in  May. 

The  seal  first  come  into  Fyixons  Entrance  in  March.  The  weather  is 
bad  during  that  month,  and  I  do  not  hunt  them, 
in  canoes.  The  seal  are  constantly  on  the  movo. 
north. 


Nashtou,  p.  298. 


B 


\J  \i 


Always  hunted  fur-seal  between  March  and  June.    They  make  their 

appearance  in  March  iu  Dixons  Entrance,  but  at 

Smith  Naich,  p.  298.      that  time  of  the  year  the  weather  is  so  bad  we 

can't  hunt  them.    May  is  the  best  time  to  hunt 

them,  because  the  weather  is  always  good.    They  all  disapi)ear  in  June 

and  go  north  up  the  coast — I  tl  ink,  to  have  their  pups. 

When  I  was  a  boy  I  hunted  seal  in  Dixons  Entrance  and  off  Queen 

Charlottes  Islands.    Always  hunted  during  April 

Lan.^athlaH,p.2m.    ,^^^^  ^^j.^y      ^n  June  the  seal  aU  leave,  going 

north. 

Ilntit  in  Dixons  Entrance  and  Queen  Charlotte  Sound.  The  seal 
make  their  appearance  the  last  of  March  and  dis- 

Jot.  ^cl8hkcnth,r.  287.  appear  the  1st  of  June,  and  I  hunt  them  during 
that  time. 


Uf  ' 


f 


THE    COURSE. 


181 


assing 

it  of  iu 
I  reap- 
Bf;  but 
5  sailed 
ainiary 
St.    lu 
b;  then 
icouver 
ay,  and 
r  island 
gration 
ve  to  be 
r  before 
ogetber 
igust  or 
the  first 
leir  sec- 
I,  the  fe- 
1  by  the 
s,  called 
svo-year- 
:ly.    On 
Qg  rook- 
vard  she 
;hc  same 
ible  age. 
he  third. 


rince 


of 


eather  is 

it  them 

10  move. 


ike  their 
,  but  at 
bad  we 
to  hunt 
iu  June 


ff  Queen 
ng  April 
e,  goiug 


The  seal 

aiuldis- 

11  during 


'; 


"We  first  discover  seals  on  their  way  to  the 
breeding  girouuds  in  January  and  February,  off  ^^Jes  Aehon,  p.  m. 
Oaj)e  Kace. 

I  observed  that  the  fur-seals  usually  commence  to  move  through  both 
the  East  and  West  Passes  of  Umnak  into  Bering 
Sea  about  the  last  of  May,  the  majority  enter  in  Arthur  Newman,  p.  2io. 
the  latter  part  of  June,  while  very  few  are  to  be 
seen  jnoving  north  after  the  middle  of  July.    The  seals  going  north 
through  these  passes  are  mostly  females  and  young  bachelors ;  very  few 
bulls  go  that  way.    The  iiatives  first  reported  fur-seals  moving  south 
through  the  same  passes  about  the  1st  of  October.    The  majority  pass 
into  the  Pacific  between  the  20th  of  October  and  the  first  of  November, 
while  the  last  ones  are  usually  observed  about  the  25th  of  November. 
The  seals  moving  south  are  gray  pups,  and  medium-sized  seals,  the  for- 
mer in  the  majority.    lean  not  distinguish  the  sex  of  fur-seals  in  the 
water. 

Seals  leaving  the  Bering  Sea  via  the  Western  Passes  are  generally 
seen  moving  steadily  towards  the  south  during  northerly  and  north- 
westerly weather,  but  very  rarely  before  a  northeasterly  wind.  I  tliink 
a  somewhat  larger  portion  of  the  seal  herd  moves  through  the  East  Pass 
of  Umnak  than  through  the  West  Pass.  The  proportions  of  pups,  etc., 
are  about  the  same,  however.    »    •    • 

While  sailing  between  San  Francisco  and  Unalaska  I  never  saw  a 
fur-seal  in  the  water  between  sight  of  the  highland  of  the  Aleutians  and 
San  Francisco,  but  close  to  the  Fox  Islands  generally  fell  in  Avith 
plenty  of  them.  I  never  saw  a  fur-seal  in  the  water  between  Amukta 
Pass  and  Attu  Island. 

Fur-seals  are  very  little  known  at  Atka  and  Attu,  and  it  is  my  be- 
lief that  the  farthest  west  the  main  herd  moves 
to  and  from  Bering  Sea  is  through  the  Four  Moun-   Arthur  Newman,  p.  2ii. 
tain  Islands  Pass. 

The  seal  always  conie  here  before  the  birds  begin  to  sing  very  much, 
and  they  are  all  gone  when  the  salmon  berries 
get  ripe,  which  I  think  is  between  the  mouths  of  Ntkia-ah,p.  288, 
March  and  July.    *    *    * 

About  the  time  the  wild  geese  are  flyiT^g  north  the  seals  are  most 
plentiful. 

We  commenced  hunting  outside  of  "ripe  Cook,  about  5  miles  from 
phore,  and  hunted  from  there  up  to  Unainak  Pass, 
in  the  Aleutian  Islands  and  entered  the  Boring   John  Ohen,  p.  ill. 
Sea  about  the  5th  of  June,  and  was  ordered  out 
of  the  sea  the  19th  of  Juno. 

Seals  first  appear  off  Cape  Flattery  about  the  1st  of  January,  and 
pass  on  up  the  coast  and  begin  to  disappear  in 
June,  the  old  cows  leaving  first,  and  about  the    Oaly,  p.  391. 
last  of  June  they  are  all  gone. 


182 


MIGRATION    OF   THE    HERD. 


My  observation  on  this  coast  is,  that  the  young  seals  are  nearest  to 

land  and  the  cow  seals  have  a  course  some  farther 

Wm.  Parker,  p.  344.       out.     The  bulls  arc  still  farther  out  and  much 

more  scattered  and  shy.    The  seals  lay  around  off" 

the  coast  of  California  and  north  of  there  until  early  in  February,  when 

they  commence  to  work  slowly  along  up  the  coast  and  enter  Bering  Se.a 

in  June  and  July.    Their  habits  in  this  respect  are  well  known  to  the 

hunters. 

The  seals  first  appear  in  this  vicinity  about  the  Ist  of  January,  and 
pass  along  up  the  coast  in  June  and  July.    The 

Wilson  Parker,  p.  392.  COWS  most  all  disappear  in  June  and  the  younger 
seals  a  little  later. 


I  do  not  know  at  what  times  or  by  what  routes  the  seal  herds  move 
to  and  from  the  Bering  Sea;  have  lieard  old  hunt- 

Filaret  Prokoplef,  p.2lG.  ers  say  the  Commander  Islands  herd  used  to  pass 
close  to  the  western  shores  of  these  islands  on 
their  way  north. 

I  have  found  that  seals  appear  off  the  Farralone  Islands  about  Christ- 
mas, off  British  Columbia  in  March,  off  Yakutat 
W.  Roberts, p.m.        Bay  April  15th. 

Beginning  at  Cooks  Inlet,  in  the  spring,  we  find  seals  off  the  inlet 
in  May  traveling  westward  along  the  coast  to- 
Wm.  Rohde,  p.  225.        ^j^j.^^  ^^^  Bevmg  Sea. 

Jdolphua  Sayer8,p.  473.  We  commenced  to  seal  from  the  Cordell  Banks 
off  the  coast  of  California  right  up  to  the  Bering 
Sea. 

At  the  time  my  book  was  written  the  regular  migratory  habits  of  the 
animals  were  not  as  well  understood  in  respect  to 

C.  M.  Scammon.  p.  Hi.  the  routes  of  migration  as  they  are  now,  and 
naturalists  always  commence  their  description 
with  the  arrival  of  the  different  classes  of  seals  at  the  northern  breed- 
ing grounds,  bogining  with  the  "  bulls  "  in  the  early  spring,  following 
them  with  tiie  "cows"  and  "  bachcU)rs  "  at  a  later  date,  and  then  tak- 
ing up  the  birth  and  development  of  the  young.  This,  I  think,  resulted 
from  our  ignorance  of  wliere  they  8i)ent  the  winter  months.  Now  it  is 
well  known  that  the  Piibilof  seals  work  their  way  down  to  the  coasts 
of  California,  Oregon,  and  British  Columbia,  and  go  north  again  in  the 
spring;  and  that  the  Commander  Islands  herd  migrates  down  the  Asi- 
atic coast,  the  two  herds  keeping  apart  from  eaiih  other.  I  held  this 
opinion  many  years  ago,  as  is  shown  by  my  letter  to  the  honorable 
Secretary  of  the  Treasury,  written  August  30,  18(5!),  as  follows,  and  later 
observations  and  reading  have  conliimed  my  conclusions: 

"  San  Francisco,  Cal., 

"  August  30, 1869. 

"  Sir  :  While  on  the  station  at  Puget  Sound  frequent  opportunities 
offered  to  observe  the  habits  of  the  fur-seahs. 

"  I  have  long  been  of  the  opinion  that  those  seen  off  the  mouth  of 
Juan  de  Fuca  Strait  were  a  portion  at  least  of  the  great  herds  that  make 


THE   COURSE. 


183 


their  annual  visits  to  the  islands  of  St.  George  and  St.  Paul,  Bering 
Sea. 

"  Since  my  return  to  this  city  I  have  gathered  further  information 
which  convinces  me  that  beyond  question  the  seals  passing  the  mouth 
of  the  strait  during  the  months  of  March,  April,  and  a  part  of  May 
resort  to  the  above-named  islands  to  bring  forth  tlieir  young,  as  nearly 
all  the  females  (and  no  others  are  caught)  taken  by  the  Indians  at  this 
point  have  foetuses  in  them  that  to  all  appearances  would  be  brought 
forward  on  their  arrival  at  their  northern  summer  haunt." 


i 


I  have  no  doubt  the  northern  seals  of  the  Pribilof  Islands  spread  over 
a  very  wide  extent  of  the  North  Pacific  in  winter. 
They  are  occasionally  seen  far  off  from  land,  but    C-  M.  Scavmon,p.  475, 
are  much  more  numerous  within  souiullngs. 

Have  hunted  seal  off  Sitka  Sound,  where  they  first  make  their  ap- 
pearance about  April  15,  and  remain  in  greater 
or  less  numbers  till  the  last  of  June.  Martin  Singay,p.  268. 

Seal  first  make  their  appearance  about  April  15   jack  SUka,p.2G8. 
off  Sitka  Sound,  and  disappear  about  July. 

Always  hunted  seal  in  Dixons  Entrance  and  off  Prince  of  Wales 
Island,  and  hunted  them  each  year  from  March  to 
June.    Tlie  seal  all  leave  about  Juno  1,  to  go  north    Thomas  Skowl,  p.  300. 
and  have  their  pups,  I  think. 

We  commence  hunting  when  the  geese  begin  to  fly  and  hunt  for  a 
month  and  a  half.    The  geese  commence  to  fly 
about  the  last  of  April.  ^^'"'••'^  ^''«^'^«'  P-  ^^^ 

Have  seen  and  taken  seal  off  Cape  Flattery  in  Alarch.     They  are 
constantly  advancing  ui)  the  coast.    I  followed 
them  into  Bering  Sea,  where  they  arrive  about    Fred.  Smith, p.  U9. 
July  Ist. 

First  seal  seen  and  taken  by  me  were  off  the  Columbia  Eiver  in 
January  and  February.    The  seal  at  time  were    ^.„.      „  ,  . , 
traveling  north.  "'•"""»  ^-  '^'""'^'i'-  ^^»' 

I  do  not  know  much  about  the  particular  habits  of  the  seals  except 

that  they  go  north  in  summer  and    south  in    ^       „     , 
winter.  Cyru9Stephen><,p  \^0. 


First  struck  the  seal  off  the  Columbia  River  about  February  1. 
Follow  the  seal  up  the  coast  into  Bering  Sea, 
which  they  enter  early  in  July. 


Joshua  Slickland,2>.  3i9. 


Q.  When  does  sealing  commence  in  the  Pacific,  and  when  does  it 
end? — A.  It  begins  the  Ist  of  January,   up  to 
about  the  Ist  of  July.  Cnatave  SundvaU,p.  480. 

Q.  When  does  sealing  commence  in  the  Bering 
Sea,  and  what  date  does  it  end? — A.  From  the  15th  of  July  until  the 
Ist  of  November. 


184 


MIGRATION   OP   THE   HERD. 


Q.  Judgirg  by  the  direction  that  seals  were  traveling  during  your 

experience,  where  do  you  suppose  was  their  desti- 

Gusiar.eSiindvxU,p.  481.  nation? — A.  [  can  not  tell  their  destination,  but  I 

should  judge  they  went  south  in  the  fall  from  15 

to  500  miles  offshore,  and  in  the  spring  they  travel  to  the  northward 

from  5  to  100  miles  offshore. 

Have  first  seen  and  killed  seal  off  Sitka  Sound 
mThikahdamahl^ee,  p.^-^^^^^^  ^p^.^!  jg^  j^j^^j  disappear  enUrely  ab.ut 

July  1. 


The  hunters  follow  the  seal  from  south  of  San  Francisco,  where  they 
begin  to  take  them  in  February  until  they  enter 

IF.  T/iomas, |>.  185.  Bering  Sea.  The  seal  are  constantly  on  the  ad- 
vance up  the  coast  from  the  time  they  first  appear. 

Seal  have  been  seen  and  taken  on  the  coast  by  me  from  the  10th  of 

April  till  the  4th  of  July.    At  the  beginning  of 

Charlie  Tini;satan,p.2i(i.t\\^  seasou  they  are  plentiful,  but  scarce  at  the 

close  of  the  season.    They  are  constantly  going 

north  along  the  coast. 

Jno.  c.  Toiman,  p.  222.  The  Seal  are  taken  off  Kadiak  Island  about  the 
1st  of  June. 


1 


Took  seal  along  the  coast  as  far  as  Yakutat.  First  seal  were  seen 
and  ciinght  last  year  off  Sitka  Sound  and  last  year 

Peter  Trcaralieit,  p.  271.  off  Salisbury  Sound  in  April  and  May.  The  seal 
are  working  to  westward  all  the  time. 

John  Tifsmi,  p.  391.  Seals  appear  on  the  coast  about  the  last  of  De- 

cember, and  they  are  nearly  all  gone  up  north  by 
the  middle  of  .hilv.     *    *    * 

The  cow  seals  leave  the  vicinity  of  Cape  Flattery  sooner  than  the 
young  seals  do,  and  are  almost  all  gone  in  June;  but  I  have  kill  3d 
young  ones  as  late  as  July. 

James  Unatajim,  p.  271.      The  flr.^t  seal  make  their  appearance  on  this 

coast  off  Sitka  Sound.  They  are  then  advancing 
up  the  coast. 

George  Uaher,  p.  291.  The  seals  at  this  time  [May  10th]  of  year  are 
always  going  north. 

Rudolph  Walton,  p.  272.      Have  seen  and  taken  seal  from  the  middle  of 

April  to  the  middle  of  May.  They  are  on  their 
way  north  at  that  time. 

First  seal  are  seen  and  taken  by  me  off  Sitka  SoUnd.    When  I  was 

a  boy  seal  came  into  the  sound  very  close,  but 

Charlie  JFank,  p.  273.    now  1  have  to  go  a  long  ways  to  get  them.    Seal  do 

not  stop  off  the  sound  long,  but  are  constantly  on 

the  move  north  and  west. 


THE    COURSE. 


185 


11 


Tlie  seals  appear  in  these  waters  late  in  April  and  increase  in  num- 
bers until  the  latter  part  of  May,  and  then  grad- 
ually decrease  in  numbers  until  about  the  15th  of  m.  L.  Waahbum,  p.  488. 
July,  when  they  all  disappear. 

The  seals  first  appeared  about  the  cape  the  last  of  December,  and 
the  grown  females  all  leave  for  the  north  in  June; 
but  we  kill  some  of  the  younger  seals  up  to  the    Watkins,  p.  395. 
middle  of  July,  and  then  they  leave.    I  have  not 
caught  any  gray  pups  this  year,  and  have  never  hunted  seals  in  the 
Bering  Sea. 

Leaving  the  islands  late  in  the  fall  or  in  early  winter,  on  account  of 
the  inclemency  of  the  weather,  they  journey  south- 
ward through  the  passes  of  the  Aleutian  Archi-   Daniel  Webster,  p.  180. 
pelago  to  the  coast  of  California,  Oregon,  and 
Washington,  and,  gradually  working  their  way  back  to  Bering  Sea,  they 
again  come  up  on  the  rookeries  soon  after  the  ice  disappears  from  the> 
shores  of  the  islands;  and  my  observation  leads  me  to  believe  that  they 
select,  as  near  as  possible,  the  places  they  occupied  the  year  before. 

I  first  took  seal  off  Sitka  Sound  during  the  month  of  March.    Have 
done  my  sealing  all  this  year  between  Cape  Edg- 
cumbe  and  Cross  Sound.^  P-  S.  WeUtenhiiier,p.2U. 


i  m 


'i'li 


Idle  of 
their 


1 1  was 
le,  but 
leal  do 
Itly  on 


Seals  begin  to  appear  on  the  coast  the  latter  part  of  December,  and 
they  are  almost  all  gone  by  the  10th  of  July.     The 
cows  appear  to  leave  for  the  northward  earlier    Charley  }FhUe,p.id6. 
than  the  younger  ones. 

About  the  1st  of  June  the  seal  disappear  from    Bilhj  Williams,  p.  300. 
Dixons  Entrance  and  go  north. 

The  deponent  resided  in  the  Hawaiian  Islands  for  a  period  of  twenty 
years  during  the  time  his  firm  was  engaged  in 
whaling  and  sealing  as  above  stated;  during  that  C-  ^-  wnuama,  p.  539. 
time  he  was  brought  in  contact  with  many  mas- 
ters of  vessels  and  other  sea-fiiring  men,  who  made  frequent  voyages 
between  the  Hawaiian  Islands  and  Paget  Sound,  and  he  learned  from 
them  that  during  the  months  of  November  and  December  they  occa- 
sionally encountered  schools  or  "  jjods  "  of  seals  moving  from  north 
towards  the  lower  coast  ot  California;  he  himself  in  one  of  his  voyages 
in  the  month  of  November,  saw  such  "  pods ; "  and  from  these  fticti*  and 
his  knowledge  of  the  hsibits  of  the  seals  which  frequent  and  have  their 
liome  on  the  Pribilof  Islands,  he  is  satisfied  that  the  herd  of  sai<l 
islands  confine  their  migration  to  the  waters  of  the  American  side  of 
the  ocean,  and  that  when  they  leave  the  islands  they  go  through  tlui 
passes  of  the  Aleutian  Islands  to  the  coast  of  southern  Califoriaa,  and 
thence  along  up  the  coast  again  to  the  Pribilof  Islands. 

The  seal  all  disappear  off  Prince  of  Wales   Fred.  Wilson,  p.  301. 
Island  in  June;  I  dou't  know  where  they  go,  but 
think  they  go  north. 

Seals  first  appear  off  Capo  Flattery  about  the  last  of  December, 
The  cows  seem  to  leave  fust,  and  in  July  nearly 
all  of  the  seals  have  disappeared.  Wiapoo,  p.  397. 


186 


MIGRATION   OF   THE   HERD. 


First  seal  are  seen  and  taken  by  me  about  the  middle  of  April  of 
each  year.    There  are  more  or  less  of  them  on  the 
Michael   Wooskoot,  p.  coast  till  the  1st  of  July.    First  part  of  the  season 
274.  they  are  plentiful,  but  towards  tlie  last  they  be- 

come scarce.    During  the  above-mentioned  period 
the  seal  are  on  the  move  to  the  westward. 
Have  hunted  fur-seals  the  last  two  years  in  Dixons  Entrance  and 
around    the  Prince  of   Wales  Island,  between 
Billy  Ycltachy,  p.  302.    March  and  June.    The  seal  leave  here  in  June 
and  go  north. 

Have  always  hunted  in  Dixons  Entrance  and  off  Prince  of  Wales 

Island.    The  seal  nialie  their  appearance  in  M.arch 

ffastinga  Tethnow,  p.  and  disappear  in  June,  going  nortli.    Tiie  reason 

302.  we  don't  liunt  the  seal  in  March  is  tliat  the  weather 

is  so  bad  we  can  not  go  out  in  our  canoes.    We 
consider  May  the  best  month  for  fur-seal  hunting. 

Begin  to  hunt  seal  off  San  Francisco  in  February,  and  followed  them 
up  the  coast  as  far  as  Sluimalcin  Islands,  which 
we  reached  the  last  of  June.  The  seal  all  disap- 
peared from  there  at  this  time. 


Alf,  Yohanaen,  p.  368 
Paul  Young,  p.292. 


Seal    make    their    appearance   oft'   Prince  of 
Wales  Islands  in  April. 


Always  hunted  in  Dixons  Entrance  and  off  Prince  of  Wales  Is- 

^  ,     „  „„„     land.    The  seal  all  disappear  about  the  Ist  of 

Walter  Young,  p.  303.     j^^^  ^^^^  ^^  ^^^^^^^^^  j  ^^^^^^ 

The  cow  seals  are  the  tirst  to  leave  the  coast,  but  the  young  seals 

XX.  I  ,^  „        „„o         stay  longer  here,  and  are  not  all  gone  until  in 
Htah  Yulla,  p.  398.  Julv 

I  do  not  know  through  what  passes  of  the  Aleutian  Islands  the  ftir- 

seal  herds  move  into  the  Bering  Sea,  nor  at  what 

Pud  Zaotchnoi,  p.  213.    time  they  do  so.    I  have  seen  so  few  fur-seals,  and 

never  any  but  a  few  scattering  gray  pups,  that  I 

am  unable  to  form  any  ideas  regarding  the  decrease  of  the  fur-seal 

species. 

The  seals  first  appear  off  the  cape  about  Christmas,  but  do  not  come 
in  the  straits  now  like  they  used  to,  and  they  are 

Thoa.  Zolnoka,p.  399.  very  shy  and  wild.  They  appear  to  be  passing  to 
the  northward,  up  the  coast,  and  in  July  are  all 
gone. 

MANNER  OF  TRAVELING. 


Page  125  of  Tbo  Case. 

From  their  habita  in  the  water  the  seals  are  known  as  "jumpers  " 

or  "  breachers  "  when  they  are  moving  thr-iif^h 

A.  B.  Alexander,  p.  355.  the  M^ater,  "  rollers"  when  they  are  lying  idle  on 

the  surface  and  moved  by  every  wave,  "  finners" 

whenn  they  are  resting  and  liiiniiig  themselves  with  their  fins,  and 


MANNER   OP   TRAVELING. 


187 


April  of 
n  on  the 
e  season 
they  be- 
ll period 

inoe  and 
between 
in  Juno 


)f  Wales 
in  March 
e  reason 
weather 
les.    We 


red  them 
Is,  which 
ill  disap- 


rince   of 


Vales  Is- 
be  Ist  of 


ng  seals 
until  in 


the  fiir- 
at  what 
eals,  and 
,,  that  I 
fur-seal 


>s 


not  come 
they  are 
assingto 
f  are  all 


ampers  " 
thr'>nj;li 
jj  idle  on 
tinners" 
in?,  and 


"  sleepers  "  when  they  are  asleep  on  the  smooth  water  and  can  be  ap- 
proached to  within  close  range. 

In  those  days  there  were  a  great  many  seals  in 
the  water,  and  they  would  go  in  bands  of  15  or  20    Bowa-chup,  p.  376. 
tf)gether. 

When  the  seals  are  asleep  on  the  water  they  lie  on  their  backs  with 
the  fore  flippers  sticking  up  and  held  close  to  the 
head.  They  always  lay  witli  the  Iiead  toward  the  JFiiUam  Brennan,  p.  359. 
wind,  the  flippers  being  spread  ont  and  acting  as 
sails  to  keep  them  stetady  in  tlie  water,  making  it  hard  for  a  boat  to 
approach  thcni  when  they  are  awake,  because  the  noise  of  the  oars  is 
carried  to  them.  If  a  boat  comes  upon  tlieni  from  the  windward  they 
will  take  the  scent  and  dive,  and  if  from  leeward  they  readily  see  it, 
and  do  tlie  same. 

I  saw  but  very  few  se.als  between  here  and  San  Diego,  but  north  from 
here  to  Vi(;toria  I  have  formerly  seen  large  herds 
of  them  sleeping  and  playing  on  the  water  diir-    LeanAer  Cox,  p.  416 
ing  the  Avinter  and  spring  months.      In    May 
and  June  they  congregate  about  the  passes  to  enter  the  Bering  Sea, 
and  I  have  seen  them  in  great  numbers  at  this  time. 

I  have  noticed  that  the  seals  gather  in  large  herds  at  the  passes 
about  the  time  they  arc  ready  to  go  into  the  Ber- 
ing Sea,  and  that  they  are  more  scattered  when   m.  C.  Erskine,p.  422. 
seen  along  the  coast. 

As  the  bulls  are  scattered  about  and  go  out  to  sea  a  great  distance, 
it  docs  not  pay  to  go  after  them,  while  the  females 
go  in  big  bands  and  do  not  travel  ofl'shore  as  far    George  Fogel,  p.  424. 
as  the  bulls. 

We  first  fell  in  with  fur-seals  moving  north  ejirly  in  the  month  of 
February,  about  50  miles  ofi"  the  coast,  in  the  re- 
gion of  Cape  Mendocino,  California.  They  were  Norman  Hodgson,  p.zm. 
very  scarce  then,  but  as  we  traveled  up  the  coast 
we  found  them  more  numerous.  They  were  most  plentiful  off  the 
mouth  of  the  Columbia  Kiver  in  the  early  part  of  the  month  of  March. 
The  migratory  movement  of  the  fur-seal  is  from  the  southward  to  the 
northward  and  westward,  following  the  general  trend  of  the  coast  of 
the  mainland.  The  main  herd  is  most  compactly  massed  between  40 
and  GO  miles  oftshore,  but  some  of  the  seals  scatter  and  straggle  over 
an  area  a  long  distance  on  each  side  of  that.  The  males  are  generally 
in  advance  of  the  females  ^n\  the  passage  north.  Females  are  found  in 
the  greatest  numbers  oft*  Buranolf  Island  about  the  middle  of  the  month 
of  May.  We  followed  the  main  herd  up  the  coast  as  far  as  the  south- 
western end  of  Kadiak  Island,  where  we  usually  left  them  on  account 
of  their  diminished  numbers. 

The  soals  which  T  have  observed  on  their  way  to  the  Pribilof  Islands 
d:>  not  move  in  large  schools;  they  straggle  along 
a  few  at  a  time  in  a  sort  of  a  stream,  aiul  are  often    chaa.  J.  Hague,  p.  208. 
seen  sleeping  in  the  water  and  playing. 


188 


MIGRATION   OF   THE   HERI>. 


4 


They  appear  to  travel  in  two  columns,  the  outer  column  containing 
an  army  only  of  bulU.  and  the  inner  one  mostly 
Morris  Moss, p.  341.      COWS  and  yearlings.    Tiiese  columns  are  not  con- 
tinuous schools  of  seals,  but  rather  small  parties 
scattered  alonj?.    The  column  traveling  along  the  British  Columbia 
coast  head  for  the  Pribilof  Islands;  their  natural  breeding  ground. 

Fur-seals  travel  in  large  schools,  which  follow  each  other  (flosely. 
The  annual  migration  of  their  entire  number  oc- 
T.  W.  Smith,  p.  233.      cupies  from  three  to  four  weeks  in  passing  a  point 
in  the  region  of  Prince  William  Sound,  and  they 
move  from  the  southward  and  eastward  to  the  northward  and  west- 
ward. 

HEED  DOES  NOT  LAND  EXCEPT  ON  PRIBILOF  ISLANDS. 

Pago  126  of  The  Case. 

I  have  no  knowledge  ot  the  existence  of  any  rookeries  or  any  place 
where  fur-seals  haul  up  on  the  land  in  the  North- 

Andrew  Anderson,p.  217.  em  Hemisphere  other  than  those  fur-.seal  rookeries 
on  the  several  seal  islands  of  Bering  Sea. 

I  never  knew  of  fur-seals  hauling  out  to  rest  or  breed  at  finy  place  in 
the  Aleutian  chain,  or  anywhere,  in  fact,  except 

G.  II.  Anderson,  p.  20o.  the  well-knowu  rookeries  of  the  several  seal  is- 
lands of  Bering  Sea. 

I  do  not  know  nor  have  I  ever  heard  of  any  place  where  seals  haul 
N  TV  Ani  r  n  v  223  ^"*  "^'  ^^^"^6^  except  the  seal  islands  of  the  Ber- 

nc  crso  ,  p.        .  ^^^  ^^^^ 

Peter  Anderson,  p.  313.  Nor  have  I  ever  known  fur-seals  to  haul  up  any- 
where on  the  land  except  on  the  Pribilof  Islands. 

Have  never  known  of  fur-seals  hauling  up  on  the  land  on  the  coast 
of  Alaska.    Have  seen  them  haul  up  on  the   Pri- 

Adam  Ayonlcee,  p.  255.    bilof  Islands. 

Q.  Do  you  know  of  any  place  where  seals  land  outside  of  the  seal 
islands? — A.  The  seals  are  found  only  on  certain 

Geo.  Ball,  p.  482.  islands,  where  they  migrate  from  year  to  year  for 

the  purpose  of  breeding — throwing  their  pups. 

I  know  of  none,  nor  neither  do  I  believe  there  is  any  place  where  the 
fur-seiils  haul  up  to  breed  on  land  along  our  shores 
Wm.  Bendt,  p.  405.        or  in  the  Bering  Sea,  except  on  Pribilof  Islands. 

Milton  G.  Bennett,  p.  357.  Have  never  known  seal  to  haul  up  on  the  coast 
anywhere  outside  of  the  Pribilof  Islands. 


Martin  Benson,  p.  403. 


I  have  never  heard  of  any  fur-seal  hauling  up 
on  the  coast  elsewhere  than  on  the  Pribilof  Islands. 


)i:' 


The  Alaska  fur  seal  breeds  nowhere  else  except  on  the  Pribilof 
Islands.    I  took  particular  care  in  investigating 

Charles  Bryant,  p.  4.  the  question  of  wh.it  became  of  the  seal  herd  while 
absent  fron>  tiie  islands.    My  inquiries  were  made 


LANDS   ONLY   ON   PRIBILOF   ISLANDS. 


189 


among  the  Alaskan  Indians,  linlf  breeds,  Alents,  and  fur-traders  along 
the  northwest  coast  and  Aleutian  Islands.  One  man,  who  had  been  :i 
trapper  for  many  years  along  the  coast,  stated  to  nie  that  in  all  his  ex- 
perience he  never  knew  of  but  one  case  where  seals  had  liauled  out  on 
the  Paiiitic  coast,  and  that  was  when  foui-  or  five  landed  on  Queen  Cliar- 
lotte  Island.  This  is  the  only  case  I  ever  lu^ard  of  seals  coming  asliore 
ou  the  American  side  of  the  Pacific  except  the  Pribilof  Islands. 

I  never  saw  or  heard  of  any  fur-seal  rookeries  in  these  (Bristol  Bay, 
Aleutian  Islands,   aiul  from   Kadiak  Island    to 
Prince  William  Land)  regions,  except  those  on  the    Carloa  G.  Calkins, p.  105. 
seal  islands  of  Bering  Sea.    Neither  have  I  ever 
seen  any  fur-seals  in  abundance  save  on  or  near  said  seal  islands. 

Have  never  known  seal  to  haul  up  anywhere  Charles  Campbell, p.  256. 
outside  of  the  Pribilof  Islands. 


I  have  never  known  of  seals  hauling  out  on  land   jaa.  L.  Carthcutp.  409. 
anywhere  ou  the  coast  except  at  the  Pribilof 
Islands. 

I  do  not  know  of  any  place  where  the  seals  haul    Charles  Challall,p.  411. 
up  on  this  coast  except  on  the  seal  islands. 

We  all  have  an  intimate  knowledge  of  the  coast  of  Alaska  from 
Kadiak  to  Unalaska,    and  know  of  no  fur-seal 
rookeries  other  than  those  on  the  seal  islands  of    ^ig*'*  Chichmoff  et  al., 
Bering  Sea. 

Have  never  known  of  any  seals  hauling  up  on    s.  Chinkoo-tin,p.  257. 
the  land  on  this  coast  elsewherethan  on  the  Pribi- 
lof Islands. 

Q.  Do  you  know  of  any  place  where  se.als  land,    Daniel  Claxmen,  pAV2. 
outside  of  the  seal  islands? — A.  I  do  not. 

Have  never  known  or  heard  of  fur-seals  hauling'    John  C.  Clements,  p.  258. 
lip  on  the  land  ou  this  coast  elsewhere  than  the 
Pribilof  Islands. 


coast 


ibilof 
gating 
while 
made 


I  do  not  know  of  and  have  never  heard  of  fur-   M.  Cohen,  p.  225. 
seals  landing  at  any  point  but  the  seal  islands  of 
Bering  Sea. 

Mother  seals  pregnant  are  more  easily  caught  than  young  bachelors, 
and  I  am  sure  it  is  necessary  for  them  to  go  ou 
land  to  breed,  and  I  have  never  heard  of  them    Peter  Collins,  p.  413. 
going  anywhere  else  than  ou  the  seal  islands  for 
that  purpose. 

On  my  cruise  to  St.  Matthews  and  Unamak  Island,  we  did  not  dis- 
cover any  seal  within  25  or  ."30  miles  of  those  is- 
lands, nor  do  I  know  of  or  believe  that  the  seals    w.  c.  CQuUon,pAlQ. 
haul  out  upon  land  in  any  of  the  American  waters 
of  Bering  Sea,  except  at  the  Pribilof  Islands. 


190 


MIGRATION   OF    rHE    IIEUD. 


I  have  never  known  of  a  pup  being  born  or  of  hanling  grounds  ex- 
isting anywliere  along  the  Ahiskan  eoastor  in  tlio 
W.  H.  Dull,  p.  23.         islands  adjacent  thereto,  except  the  I'ribilof  Is- 
lands.   I   have  heard   stories  and   traditions  to 
that  effect,  but  I  have  never  known  of  their  being  substantiated. 

I  have  cruised  up  and  down  the  coast  of  Vancouver  Island,  but 
never  found  a  place  where  fur-seals  hauled  out 

Jamea  I)al(jarduo,p.  BG-i.  «P"ii  shore,  nor  have  I  ever  heard  of  any  fur-seal 
rookeries  in  the  Northern  Hemisphere,  except 


those  in  Bering  Sea. 


Hooniah  Dick,  p.  258. 


Never  have  heard  of  any  fur  seal  being  hauled 
up  on  the  coast  or  rocks  of  Alaska  other  than  ou 
the  Pribilof  Islands. 


George  Dishow,  p.  323.       Have  never  known  fur-seal  to  haul  up  on  the 
land  anywhere  on  the  coast  except  on  the  Tribilof 
Islands. 
I  have  never  known  or  heard  of  any  fur-seal  hauling  up  on  the  land 
in  Biitish  Columbia  or  Alaska  outside  of  the 
JVm.  Duncan,  p.  279.      Pribilof  Island. s.    My  connections  with  the  In- 
dians have  been  such  that  had  there  been  a  fur- 
seal  rookery  in  British  Columbia  or  Alaska  I  certainly  should  have 
known  it. 

I  have  never  seen  fur-seals  in  the  waters  of  Anchor  Point,  and  am 
positive  that  no  fur-seal  rookery  exists  in  the 

Eliaa  Esaiasaen,  p.  23{).  region,  nor  have  I  ever  heard  of  any  other  rook- 
eries than  those  on  the  seal  islands  of  Bering  Sea. 

The  fur-seal  only  lands  upon  the  Pribilof  Group  of  islands.    Of  this 

fact  I  am  thoroughly  convinced  from  carefully 

Saml.  Falconer,  p.  iGi.    questioning  natives  of  Alaska  and  the  Aleutian 

Islands,  and  also  frem  my  coasting  experience  as 

purser  on  board  the  Comtantine.     In  all  the  years  I  passed  in  tliese 

localities  I  never  heard  of  a  seal  landing  anywhere  except  ou  the  Pribilof 

Islands. 

Luther  T.  FrankUn,p.      Q.  Do  you  know  ot  ?A\y  place  where  seals  land, 
^^-  outside  of  the  seal  islands? — A.  I  do  not;  except 

in  the  fall,  they  land  ou  the  Aleutian  Islands. 

From  1859  to  1869  I  was  employed  on  whaling  vessels  working  in 
Bering  and  Okhotsk  seas  and  the  Arctic  Ocean 
John  Fratia,  p.  107.        I  have  been  along  the  coast  of  Bering  and  Okhotsk 
seas  and  along  the  coast  of  Alaska  in  the  North 
Pacific  Ocean  from  Sitka  to  Unalaska,  and  I  never  saw  or  heard  tell  of 
any  in  American  waters  in  that  whole  region,  where  the  Alaskan  fur- 
seals  haul  out  on  land  or  breed,  excepting  on  the  seal  isluids  of  Bering 
Sea  know  as  the  Pribilof  Islands. 

Edward  W.  Funcke,   p.    Q.  Do  you  know  of  any  place  where  seals  lan<l 
428.  outside  of  the  seal  islards? — A.  No,  sirj  1  do  not. 


LANDS  ONLY  ON  PRIBILOF  ISLANDS. 


191 


Iking  iu 

1  Ocean 

khotsk 

Xortb 

tell  of 

tin  fuv- 

iBoiing 


Is  land 
lo  not. 


H.ave  never  known  any  fur-seal  to  lianl  out  on 
the  land  or  on  the  coast  elsewhere  than  the  Tribi-    chad  George,  p.  366. 
lof  Islands. 

And  I  have  never  known  of  anv  place  where 
they  haul  up  on  land  except  the  seal  islands.  ^'""-  ^*^"'"'  P'  *^^' 

I  have  never  known  any  fur-seal  to  haul  up  on 
the  land  in  any  part  of  Alaska,  except  on  the  Pribi-    Gonaatut,  p.  238. 
lof  Islands. 

Never  known  any  fur-seal  to  haul  up  on  the 
land  or  on  the  coast  elsewhere  than  on  the  Pribi-    Jas.  Gondouen,  p.  259. 
lof  Island. 

Have  never  known  seal  to  haul  up  on  the  land 
along  the  coast,  except  on  the  I'ribilof  Islands.       '^"*-  ^"''■^"'  P-  *^^' 

Have  never  known  any  fur-seal  to  haul  upon  . 

the  land  elsewhere  than  on  the  Pribilof  Islands.      ^'"■""  ^«"'"'"'  P-  445. 

I  never  have  known  or  heard  of  fur-seals  hauling  up  on  land  any- 
where on  the  North  Pacilic  orAlaskan  coast,  or 
islands  thereof,  except  on  the  seal  islands.  j.  m.  iiaya,  p.  27. 

I  have  made  diligent  inquiry  into  the  habits  of  the  seals  and  have 
yet  to  learn  that  they  haul  up  on  land  on  the 
American  coast  or  ishinds  except   the  Pribilof   M.  A.  Healy,  p.  29. 
Islands,  at  which    place  alone  they  bear  their 
young. 

Q.  Do  you  know  of  any  ])lace  where  seals  land, 
outside  of  the  seal  islands  >—A.  I  do  not;  no,  sir.      "^-  ^<""«'«'  P-  484- 

Q.  Do  you  know  of  any  place  where  seals  land    Andrew  J.  Hoffman,  p. 
outside  of  the  seal  islands  i — A.  No,  sir.  447. 

Have  never  known  of  seal  to  haul  up  on  the    q  ^^^^^      ggg 
land  anywhere,  except  on  the  Pribilof  Islands.  '         'P-      • 

In  all  those  years  I  have  met  and  talked  with  hunters,  trappers, 
traders,  and  miners  whose  business  called  them 
into  Alaskan  waters,  and  I  never  knew  or  heard    Edward  Hughes,  p.  Zi. 
tell  of  any  fur-seals  hauling  out  on  land  to  breed 
anywhere  on  the  Alaskan  coast  or  islands  in  the  North  Pacific  or  Amer- 
ican waters  of  the  Bering  Sea,  excepting  the  Pribilof  Islands. 

I  have  never  known  fur-seal  to  haul  out  upon  any  part  of  the  coast 
of  the  United  States,  British  Columbia,  or  Alaska, 
except  the  Pribilof  Islands.    All  parts  of  the    Victor  Jackohaon,  p.  329. 
coast  have  been  visited  by  the  seal-hunteis,  and 
if  seal  hauled  out  any  place  it  would  have  been  known  by  the  hunters. 

Never  knew  any  seal  to  haul  up  on  the  land  on    j  ^^/,„(,y„  „  331 
the  coast  elsewhere  than  on  the  Pribilof  Islands.       "  >  i'-      • 


192 


MIGRATION   OP   THE   HERD. 


Iliive  never  hoiird  of  I'ui-si'iil  liaiiliiig  up  on  the  land  or  on  the  coast 

elsewhere  than  on  the  Pribilof  Tslamls.    •     •    • 

Pliilip  Kashcvaruff,  p.    When  I  wsis  with  the  Kussian  Company  I  spent 

202.  six  years  h)oliinf,'  for  rookeries,  but  was  unable  to 

find  any  plaee  where  fur  seal  hauled  out  elsewhere 
than  on  the  Pribilof  Islands. 

ITave  never  known  any  fur-seal  to  haul  out  on  the  land  on  the  coast 
of  Alaska;  liave  heard  that  they  do  haul  out  ou 
M.  Kvihmduck,  2>.  2C3.  the  Pribilof  Islands. 


Kickiana,  p.  306. 


They  never  show  themselves  out  of  water  in  the 
locality  of  Barclay  Sound.  He  has  seen  them  ou 
beach  in  the  Bering  Sea. 


Have  never  known  any  seal  to  haul  u))  on  land  or  on  the  coast  of 
Alaska,  but  have  heard  that  they  haul  up  ou  the 

John  Kowincvt,  p.  264.    Pribiloif  Islands. 

I  have  no  knowledge  of  the  existence  of  any  fur-seal  rookery  or  plfice 
where  fur-seals  haul  up  on  the  land,  other  than  on 

oia/Kvam,  p.  236.  the  rookeries  of  the  several  seal  islands  in  Ber- 
ing Sea. 

Have  never  known  of  fur-seals  hauling  uj)  on  the  land  on  the  coast 
of  Alaska,  but  have  heard  that  they  haul  up  on 
Georije  Lachvek,  p.  265   the  Pribilof  Islands. 

I  know  of  no  place  along  the  eastern  coast  where  fur-seals  haul  out  on 
land,  and  1  do  not  believe  there  is  any  outside  of 
Andrew  Laing,  p.  335.    the  Pribilof  Islands. 

During  my  travels  in  Alaskan  waters  I  have  made  extensive  investi- 
gations concerning  the  existence  of  fur-seal  rook- 
Jas.E.Lennan, p.  370.    eries,  especially  about  the  regioM  of  Cooks  Inlet 
and  Prince  William  Sound,  where  rookeries  have 
been  reported  to  exist,  as  well  as  those  places  where  fur-seals  are 
annually  observed  in  the  greatest  numbers.    I  Jim,  therefore,  positive 
in  my  belief  that  no  such  fur-seal  rookeries,  or  other  i)laces  where  fur- 
seals  haul  out  on  the  land  to  breed,  exists  in  Alaska  with  the  excei^tion 
of  those  on  the  seal  islands  of  Bering  Sea. 

The  breeding  seals,  as  far  as  I  can  learn  from  extended  inquiry,  do 

not  come  upon  laud,  except  at  their  regular  rook- 

Isaao  TAchcs,  p.  455.       eries,  and  there  are  none  of  those  outside  of  the 

Bering  Sea  islands  and  Eobben  Bank.    Young 

seals  are  sometimes  driven  for  a  few  hours  by  stress  of  weather  into  the 

inlets  about  the  Straits  of  Fuca  and  vicinity. 

I  never  saw  pups  born  in  the  water,  nor  do  I  know  of  any  fur-seals 
hauling  up  on  the  land  anywhere  save  the  rook- 
E,  W.  Littiejohn,  p.  457.  eries  OU  the  various  seal  islands  in  Bering  Sea. 

Q.  Do  you  know  of  any  place  where  seals  land 
Chaa.Luijens.p.  459.     outside  of  the  seal  islands?— A.  No,  sirj  1  know 
of  no  place. 


the  coast 

•    •    • 

IT  I  spent 
iiiiablu  to 
slsewhere 


the  coast 
111  out  ou 


ter  in  the 
I  them  ou 


},  coast  of 
up  ou  the 


y  or  place 
Bithanou 
8  in  lier- 


the  coast 
uil  up  on 


}\\\  out  on 
)utside  of 


e  investi- 

3eal  rook- 

oks  Inlet 

ies  have 

seals  are 

positive 

here  fur- 

xceptiou 


quiry,  do 
lar  rook- 
Ide  of  the 
Yf>uug 
into  the 


fur-seals 
Hbhe  rook- 
[g  Sea. 

jals  land 
1  know 


Ti 


LANDS    ONLY    ON    PHIIJILOF   ISF-ANDS. 


mr. 


Have  never  known  or  heard  of  seal  liaiiling  up  on  the  islands  or  niiiiii 
coastof  Alaska. other  than  on  the  I'ribilfit  [shuuls. 

llav<!  sci'ii  ii  linv   pups  in  (-ordova  ISay  hite  in    J.  D.  Mvl)uiialtl,p.  Ml. 
Dccenilier,    whcrc^   tliey   were  driven   l»y  strong 
southeast  gales  prevailing  uu  Hie  coast  at  tiiat  time. 

Ila\"e  never  known  any  I'nr  seal  to  haul  upon 
the  coast  anywhere,  ontsiileoitlin  I'ribilof  Islands.    •'""•  'VcKeen,p.  207. 

(}.  Do  yon  know  any  i>hie('!  where  these  seals  go  to  land,  except  the 
seal  islands  on  the  American  side? — A.  No,  sir; 
not  any  place  that  1  know  of.    There  have  been   ^^^^ ''■'■"'"''•'•  •»/'•/-"'".  1>- 
lots  of  reports  of  places,  but  I  have  been  t(»  these 
places  and  could  not  find  any  seals  there. 

r  have  never  seen  or  heard  of  a  fur-seal  being  hauled  up  on  the  land 
anywhere  in  this  part  of  Alaska,  nor  do  I  believe 
that  old  fable    that  is  told  by  some  of  the  old    ^''"^  •'''""'"'  ''•  -"'■ 
men  that  fur-seal  once  did  haul  up  here,  or  any  other  part  of  Alaska 
outside  of  the  seal  islands. 

Ffave  never  known  seals  to  haul  up  on   the 
coast  of  Alaska  outside  of  the  Pribilof  Islands.       ^-  ^-  '^''>"»'>  !>•  '^^^^ 

Q.  Do  von  know  of  anv  place  where  seals  land 
outside  oi"  the  seal  islands?— A.  I  do  not;  no,  sir.    ^'''"""^  ^loreau,  p.m. 

The  Alaska  fur  seal  breeds,  T  am  tlnnoughly  convinced,  only  upon 
the  I'ribilof   Islands;  that  1  have  been  ou  the 
Alaska  coast  and  also  along  the  Aleutian  Islands;    ^-  ^'-  ^l^"''.'/"",  P-  «i- 
that  at  no  ]>oint  have  I  ever  observed  seals  to  haul  out  on  land  «!X(U'i)t 
at  the  Pribilof  Islands,  nor  have  I  been  able  to  obtain  any  authentic 
infovnuition  which  causes  me  to  believe  such  is  the  case. 

I  have  never  known  or  heard   of  any  place 
where  seals  haul  out  except  seal  island.  ^'  ^-  ^""<"'>  V-  223. 

I  know  of  no  places  that  the   seals   haul  up  in  the  Bering  Sea 
or  North  Pacrific  for  breeding  purposes  except  St. 
George,  St.  Paul,  Otter  Islaiul,   liering  Island,    Mies  ychon,  p.  ilO. 
liobben  Island,  and  Co^iper  Island. 

I  have  seeu  sick  and  wounded  fur-seals  hauled  out  on  rocks  about 
the  passes  to  rest  and  die,  but  know  of  no  place 
where  they  habitually  land  to  breed  or  rest  in  the   Arthur  yeivman,  p.  210. 
region,  save  the  several  well-known  seal  islands 
of  Bering  Sea. 

I  know  of  no  place  where  they  haul  up  on  land   j^^^,  qj^^^j      ^^2 
excei)t  the  Pribilof  Islaiuls.  .  ,    .     -. 

Do  not  know  of  any  rookeries  in  the  Aleutian  Islands,  nor  any  places 
where  fur-seals  haul  out  regularly  on  the  land  or 
kelp  to  breed  or  rest  except  the  Russian  and   Eliah  Prokopief,  p.  2i5. 
American  seal  islands  of  Bering  Sea. 


194 


MIGRATION   OF    HERD. 


I  know  of  no  pla(;e  where  far-seals  haul  out  on 
Wm.  Fohdc,  p.  222.        land  except  the  seal  islands  of  Bering  Sea,  nor  have 
I  ever  lieard  of  sueli  a  placre. 

I  do  not  know  and  I  never  heard  of  any  <:i\niv  place  along  the  Ameri- 
can coast  or  islp-ius  where  the  fur-seals  haul  up, 
L.  G.  Shepard,  p.  189.    and  it  is  mv  opinion  that  the  fur-seal  pup  of  the 
Alaskan  herd  is  born  nowhere  else  but  on  the 
Pribilof  Islands. 

Jaj.  Sloan,  p.  498. 
Fred  Smith,  p.  349. 


I  do  not  know  of  any  other  place  on  our  coast 
where  the  seals  haul  up  except  at  the  seal  islands. 

ITave  never  known  any  fur-seal  to  luiul  u])  on 
the  land  anywhere  on  tlie  coast  except  on  the  Pri- 
bilof Islands. 


Have  never  heard  of  fur-seals  hanling  up  on 
Wm.  H.  Smith,  p.  478.    the  coast  elsewhere  tlian  on  the  Pribilof  Islands. 

Have  never  known  of  fur-seal  hauling  u])  on  the 
Joshua   Stickland,  p.   land  ou  the  coast  anywhere  except  on  the  seal 
350.  islands. 

Q.  Do  yoix  know  of  any  place  where  seals  land 
Gustave    Sundvall,    p.  outside  of  the  seal  islands? — A.  I  do  not  know 
*81.  of  anyi)lace;  no,  sir. 

Have  never  known  any  fur-seals  to  haul  up  on 
M.  TlilliaMaynahlcee,  p.  the  land  or  on  the  coast  elsewhere  than  the  Pri- 
269.  bilof  Islands. 

I  have  never  known  myself  of  fur-seal  hauling  up  on  the  coast  of 
Alaska  outside  of  the  Pribilof  Islands,  but  have 

W.  Thomas,  p.  485.  heard  there  Avere  a  few  one  season  hauled  on 
Ounuiak  Island. 

I  have  never  known  any  fur-seal  to  haul  out  on 
J.  C.  Tolman,  p.  223.     the  coast  of  Alaska  anywhere  except  on  the  Pri- 
bilof Islaiuls. 


n.ave  never  seen  or  heard  of  seals  hauling  up  on  the  coast,  elsewhere 
than  on  the  Pribilof  Inlands.    They  very  seldom 

Peter  Trearsheit,  p.  271.  come  nearer  this  coas^  than  20  miles,  when  ad- 
vancing north  towards  ISering  Sea. 

I  never  have  known  and  do  not  believe  that  the 
Chax.  T.  Wayner, p.  212.  seals  at  the  Pribilof  Islands  haul  up  on  land  any- 
where except  on  those  islands. 

Have  never  known  fur-seal  to  haul  up  on  the 
Eudolph  Walton, p.2l2.  coast  OU  anywhere  else  outside  of  the  Pribilof 
Islands. 

A"l  know  of  no  instances   where  male  seals 
Michael  White.p,  190.    have  -lauled  out  cm  land  on  the  western  const  OX' 

".ep;  i    the  Pnbilof  Isliiiuia, 


^ 


i 


1  out  on 
uorbave 


DOES    NOT    ENTEU    INLAND    WATEIIR. 
HERD  DOES  NOT  ENTEll    INLAND  WATERS. 

Piiffo  127  of  Tlio  disc. 


195 


?.  Ameri- 
hiiul  up, 
ip  of  the 
it  ou  the 


lui"  coast 
I  ishiiuls. 

ml  up  on 
1  the  Pri- 


ip:  uj)  on 
■  Islands. 

uixMi  the 
the  seal 


■seals  land 
not  know 


anl  up  on 
1  the  Pri- 


coast  of 
but  have 
uuled  ou 


nil  out  on 
u  the  Pii- 


'1  so  where 
•y  seldom 
when  ad- 


that  the 
land  any- 


up  on  the 
J  Pribilof 


lale  seals 


No  fur-seals  are  ever  seen  in  Cooks  Inlet  above 
Anchor  Point. 

There  is  no  place  on  the  coast  where  the  seals 
haul  up  and  g'lvv  birth  to  their  young;  they  never 
give  birth  on  the  kelp. 


Jko.  Alcxandrolf  ci  al. 
p.  229. 


n.  Andrkiua,  ^j.  314. 


Myself  and  tribe  go  to  the  coast  as  far  as  Wrangel  and  trade  with 
the  Killisnoo  Indians  for  oil.    Have  never  seen  a 
fur-seal  in  all  ^ny  travels  uj)  and  down  the  coast.    Aiinn-ttan,  p.  2.34. 
Have  never  heard  of  fur-seal  hauling  up  on  any 

part  of  the  coast.  If  seal  had  been  liauled  uj)  on  any  jiart  of  th«;  (-oast 
I  slundd  have  l)een  told  of  it  by  the  pcoide  of  other  tribes  with  whom 
[have  come  in  contact  during  the  long  years  of  my  life. 

We  are  positive  that  the  majority  of  fur-seals  do  not  enter  Cooks 
Inlet,  but  pass  across  its  entrance,  following  the 
coast  of  the  mainland.  We  have  occasionally  ob-  ^  ^;'^''  ^'i>"^-t''t*  e'  "'•. 
served  a  few  seals  which  ha<l  strayed  into  the  ^'- "' • 
lower  bays  of  the  inlet,  but  they  have  only  been  seen  at  long  and  in- 
frequent intervals.  Ther*;  are  no  fur-seal  rookeiies  in  this  part  of 
Alaska. 

Have  killed  fur-seals,  mostly  females  with  pup,  but  have  never  seen 
()!•  heard  of  fur-seals  lianling  up  on  the  land  in     ,, 
iiiis  part  ot  Alaska,  or  anywhere  CISC.     *    #     #  " 

Have  never  known  of  nor  have  I  si  en  any  fur-seal  in  the  waters  of 
Disenchantment  Bay  or  any  other  inlet  in  this  part  of  Alaska.  They  do 
not  frequent  these  places. 

I  have  never  known  any  i»ui)s  to  be  born  in  the  water  or  on  the  land 
in  this  ]iart  of  Alaska.    Nor  have  I  ever  seen  or 
heard  of  any  fur-seal  being  in  the  inland  waters   jninnui   Baronoviich,  p. 
of  this  part  of  Alaska.     !  iiave  never  heard  of  any  27t>. 
fur-seal  hauling  \\\\  on  I  lie  land  in  any  ]iart  of  Alaska. 

Have  never  known  any  seal  ]iups  to  be  boin  in  the  water  or  on  the 
land  anywhere  around  this  part  of  Alaska.    Have 
never  seen  or  heard  of  seais  Iiauling    .p  ou  the    Maioicc  Hates,  p.  277. 
lan<l  around  this  ]>art  of  Alaska.     I   have  never 

seen  any  fur-seal  around  Annette  Island  or  any  of  the  inland  waters  of 
Alaska. 

Xor  have  I  known  of  any  seal  hauling  up  on    Edward  Benson,  p.  211. 
tlu'  land  anywhere  in  Alaska.     1  have  never  seen 
any  fur-seals  in  the  water  around  Annette  Island. 

There  is  no  ])lace  on  the  coast  where  the  seals  _  Bcmhnrdt  BUidncr,  p. 
Inuil  up  on   the  land   and   give  birth  to  their  •^^■'^• 
young. 

I  know  of  no  place  where  seals  haul  np  on  the   ^^J*'"  Honde,  p.  316, 
coast,  uor  do  I  believe  there  is  any. 


196 


MIGRATION    OF    HERD. 


I  do  not  know  of  any  place  alonjr  the  coast  where  seals  hanl  ont 
upon  tlie  land,  nor  have  I  ever  heard  of  such  a 

nowa-cluip, }),  376.  place,  and  I  have  never  killed  any  full-grown 
cows  who  were  in  milk. 

Seals  do  not  haul  out  U])on  the  land  nhtug;  the  coast,  nor  give  birth 

to  their  young  on  the  kelp  or  in  tlie  wiiter.    I  have 

iTenrji  Brown,  p.  318.      never  heard  the  Indians  or  white  sellers  say  that 

there  is  a  place  on  the  coast  where  seals  haul  out 

and  breed. 

I  know  of  no  place  along  the  coast  where  seals  haul  out  upon  the 
land;  nor  have  I  ever  heard  of  such  a  place;  nor 

I'eicr  UroHiifp.Su.  neither  does  any  of  my  peoide  know  of  such  a 
l^lace. 


Landis  Calhipa,  p.  379.      I  know  of  no  place  where  seals  hanl  out  upon 

the  land  to  breed  on  this  coast.     *     *     * 
I  scarcely  ever  see  an  old  bull  along  the  coast,  and  it  is  seldom  wo 
ever  catch  one. 


N,. 


I  do  not  know  of  any  place  on  this  coast  where  seals  haul  up  and 
breed,  nor  have  1  heard  the  Indians  on  N'ancou- 
ClutrUe,p.  301.  vcr  Island  talk  about  any  such  place. 

Xor  I  do  I  believe  that]  any  seals  hauled  up  on 
Toodaija  Charlie,  p.  249.  any  part  of  the  coast  of  Alaska  or  on  the  islands 
adjacent  thereto. 


Peter  Church,  2^.  257. 
Ch'ciis  Jim,  p.  380. 


Nor  have  I  ever  knowTi  fur-seal  to  haul  up  on 
the  land  anywhere  on  the  coast  of  Alaska. 

Seals  do  not  haul  out  on  the  land  ah»ng  the 
coast  to  breed. 


I  know  of  no  place  along  the  coast  where  seals  haul  out  upon  the 

land,  nor  do  I  think  that  they  give  birth  to  their 

Jan.  A.  Chiphnihoo, p.  vouiig  in  the  water  or  on  the  kelj).     I  am  ac- 

8«2.  (juainted  with  the  ditferent  tribes  of  Indians  along 

the  coast  of  Vancouver  Island,  and  have  never 
heard  them  say  that  seals  haul  out  upon  the  land  on  the  coast  or  in 
Larclay  Sound. 


m 


I  have  never  known  of  seal  to  hanl  out  on  the  land  anywhere  in  this 
]>art  of  Alaska  or  British  Columbia  wherever  I 
WiUiam  Clark,p.2\)'i.      hjive  been. 


He  states  that  to  his  knowledge  the  seals  do  not  breed  in  the  waters 

of  IJarcIay  Sound,  but  go  ashoie  lor  that  purpose 

ciat-la-l,oi,  p.  305.         a  long  distaiu'c  to  the  northward.     He  has  never 

seen  seals  on  shore  in  I'.a relay  Sound,  or  on  kelp 

or  other  objects.     When  tishing  outside  he  has  nev<'r  seen  baby  seals. 

Sometimes  a  tew  seals  follow  schools  of  herring  into  sound  and  go  out 

hurriedly.    On  such  occasions  a  few  are  killed. 


laiil  out 
»t'  sucli  a 
[U-growii 


ve  bivth 

I  lijvve 

say  that 

haul  out 


ipou  the 
at;e;  nor 
f  such  a 

)ut  upon 
ihloiu  wo 


I  up  aiul 
V'aiirou- 


I'd  up  on 
e  ishuid.s 


il  up  on 

I. 


long  the 


upon  the 
to  theii' 
am  ac- 
UKs  along 
se  never 
ast  01-  iu 


■e  in  this 
lerever  I 


e  waters 
purpose 

as  lu^ver 
on  kelp 

by  seals. 

1(1  go  out 


DOES    NOT   ENTEU    INLAND   WATERS. 


107 


K  ?V1K 

1    '^1 

s  f 

Rut  [have]  never  [observed  seals]  entering  Cooks  lidet  above  Anchor 
Point.     They  eross  the  entninee  of  the  inlet  and 
appear  off  tlie  mainland  again  in  the  vicinity  of   M.  Cuhe)i,2>.--^>. 
t'ape  Douglass. 

Have  never  known  of  any  pups  being  born  in  the  water  or  on  the 
land    on    the  coast  of   Alaska.    1    ha\e  nev<'r 
heard  of  any  or  seen  aiiy  fur-seal  liaulcMl  up  on    <'l""l''' l>«htln,,  p.^lH. 

the  land  anywhere  around  I'rince  Edward  Island  t)r  anywhere  else  on 
the  coast. 

Seals  do  not  haul  out  upon  the  land  along  the    Frank  Darin,  p.  38'3. 
coast  and  breed. 

1  have  never  killed  any  cows  giving  milk  along  the  coast,  and  I  do 
think  there  is  a  place  along  the  coast  where  seals 
haul  out  and  breed.  '^''■^  ^""'"'  i''  '^^^• 

I  never  knew  or  heard  of  seals  hauling  up  along    Joseph  Dennis,  p.  418. 
the  coast  or  giving  birth  to  their  young  iu  the 
water. 

To  his  knowledge,  no  seals  ever  came  inside  I»arclay  Sound,  and  that 
he  never  caught  any  inside,  ami,  moreover,  he 
and  his  friends  never  heard  of  any  entering  these  -^q^^"^^'"  "'   ^^'"'"'■'"*"'»  P- 
waters. 

No  seals  are  ever  killed  in  Barclay  Sound  by  being  dashed  on  tho 
rocks,  and  none  ever  breed  in  IJarday  Sound  or  vicinity. 

Havi^  traveled  from  Iloonah  to  Fort  Simpson  and  north  as  far  as 
Chilcat  through  all  the  channels  and  sounds  iu 
soufluiastern  Alaska,  and  1  come  in  contact  with    iiooniah  Divk,  p.  258. 
the  people  of  many  tribes  <»f  Indians,  and  1  have 

never  heard  them  say  that  tlu^v  liad  ever  seen  or  heard  of  a  fur-seal  be- 
ing hauled  ui)  on  any  ])art  of  tluMMtast  or  on  any  of  the  islands  along  the 
coast  of  Alaska,  llad  they  ever  known  of  a  rookery  of  fur-seal  in  any 
part  of  Alaska  I  should  have  known  it. 

TTave  nevei'  known  any  to  haul  u])  on  the  land  anywhere  in  Alaska, 
nor  have  1  ever  seen  any  seal  in  the  inland  waters 
wherever  I  have  been  in  Alaska.  ^''''"'"'  i'-  -^^' 

Seals  do  not  haul  out  u])on  the  land  along  the   EUahu>ih,p.  385. 
coast  and  give  birth  to  their  young. 

I  have  observed  a  iew  scatteringfnr-seals  in  the  lower  part  of  Cook's 
Inlet,  but  only  at  long  and  irregnhir  intervals;  1 
have  never  seen  a  fur-seal  in  the  waters  of  Cook's    lansiU  Feudcr,  p.  'jno. 
Inlet  above  Anchor  Point. 

I  have  never  known  of  imps  to  be  born  in  the  water  or  on  the  iand 
anywherearound  (JueenCliarlotte  Ishmds  or  other 
parts   of  British  Columbia   and  Alaska,  where  I    Frank,  p.  2'Jl. 
have  been.     1  have  never  known  any  seal  to  haul 

on  tlie  land  on  Queen  Charlotte  Islands  or  any  part  of  British  C'olum- 
bia  or  Alaska;  n(»r  liave  I  ever  heard  of  any  seal  having  hauled  up  any- 
M'here  in  British  C»»Iunibia  or  Alaska. 


198 


MIGRATION    OF    HERD. 


4l 


! 


jit     f 


i*"^ 


I'  \ 


1'  -..-i 

1 

liii 

'if '  ^ 


liii 


I  never  knew  any  fur-seal  to  be  in  the  inland  waters  aronndtliis  part 
of  Alaska,  nor  have  ]  ever  known  any  fur-seal  to 
Chiej  I'nud;  p.  280.       ^^^^^^  ^^^^  ^^  ^jj^,  j.^jj^^^  miy  where  in  Alaska. 

Kever  knew  any  iiir-seal  to  be  Ixnii  in  the  water  or  on  the  land  around 
Uritish  Columbia  or  Alaska.    Never  knew  any 

Lulce  Frank,  1).  291.  fur-seal  to  haul  np  on  the  land  in  British  Colum- 
bia or  Alaska. 

In  the  winter  season  nniny  years  a,i;o  i)ni)  seals  used  to  fiequent  the 

sound,  dtivcn   in   by  the  heavy  southeast  };ales 

NichoUfla(ioifcii.]>.'2r>{).  itrevalliuj;'  at  that  time;  but  tlie  last  four  years 

there  has  not  been  a  fur-seal  seen  in  any  ])art  of 

Chatham  S(mnd  that  1  have  been  able  to  learn  of.    1  visit  the  different 

parts  of  the  sound  with  nsy  tribe  wln'u  they  are  making'  oil  and  have 

never  known  any  fur-seal  to  haul  np  on  the  land  or  roeks  in  any  part 

of  Alaska  that  1  ever  visited. 

I  have  never  seen  or  heard  of  fur-seal  hauling'  up  on  the  land  in  this 

])art  of  Alaska.     J  have  never  seen  a  fur-seal  in 

( /'«"••  t.'(/«o«,  p.  -'81.      the  inland  waters  beween  PortChesterand  Loring. 

Have  never  .seen  any  fur-seal  in  the  inland  waters  of  southern 
Alaska,  but  have  hear<l  of  pups  being  seen  in  the 

Gonastat,  p.  238.  bays  during  the  prevalence  of  storms  on  the  eoast 

in  winter  time. 

Kassmn  Gorloi,  p.  213.      I  have  never  known  of  fur-seal  hauling  out  on 
the  shores  or  lloating  keli)  patches  to  rest  or  breed 
in  this  region. 

Arthtir  Griffin,  p.  326.  Seals  do  not  haul  out  upon  the  land  along  the 
coast. 

I  have  never  known  any  fur-seal  to  haul  up  on  the  land.    Old  fables 

tell  us  that  they  hanh'd  up  at  one  tinn\  but  1  have 

lloirn  UdhJauf,  p.  282.  been  unable  to  l(>arn  that  they  ever  did.    Never 

seen  any  fur-seal  anywhere  around  this  island  or 

in  any  of  the  inland  waters. 

Never  have  known  of  a  fur-seal  i)ui)  being  born  in  the  water  or  any- 
where else  in  Ala-^ka,  nor  have  I  ever  heard  of  fur 
Jac.  HartUsnuk,  p.  23'J.  seal  being  hauled  ou(  on  the  land  in  Alaska.    I 
have  traveled  from  ley  Bay  to  Sitka  Sound  and 
meet  many  Indians  belongiiig  to  otlui-  tribes  of  Indians,  and  they  never 
have  told  me  that  they  had  ever  seen  any  fur-seal  hauled  out  on  the 
eoast  of  Alaska  oi'  on  any  of  the  i-ocks  adjacent  thereto.     I  have  heard 
that  fur-seal  do  haul  out,  and  that  the  pups  are  born  on  the  Pribilof 
Islands. 

Never  heard  of  any  fur  seals  being  hauled  np  on  the  land  on  any 

part  of  the  coast  of  Alaska  where  I  have  travehMl. 

Sam  Tlay'dahtia,  p.  239.     *    *     *     1  travel  from  ley  l>ay  to  Sitka,  and 

have  never  heaul  Indians  of  other  tribes  say  <^hat 

they  had  seen  fur-seals  l.aule«l  out  on  the  land,  nor  have  I  ever  heard 

them  say  that  i)ui>s  were;  born  in  the  water. 


I 


DOES    NOT   ENTER   INLAND   WATERS. 


199 


Have  iiev«n'  known  fur  s(>iil  to  liiiul  out  on  tlic  land  anywlioie  on 
the  coast  of  Alaska.     Have  never  been  in  Ber- 
ing Sea.  E.  HofHtnd,  p.  1>()0. 

I  am  intimately  acquainted  with  the  eoast  from  here  to  Barclay 
Sound,  and  I  know  of  no  place,  nor  have  not 
heard  of  any  jdaee,  where  seals  come  to  land.  Alfred  h-vlnij,  p.  387. 

Seals  do  not  haul  out  upon  the  laud  along  the    i^Ua,  i>.  387. 
coast  and  breed. 

I  do  not  think  that  they  haul  up  on  the  land  on    Jamc>^  Jumksou,  p,  331. 
the  coast. 


Have  never  known  pujjs  to  l)e  born  in  the  water  or  on  the  laud  in 
this  part  of  Alaska.     Ilave  uever  k'  own  or  heard 
of  fur-seals  hauling  up  on  the  laud  ou  the  coast    jack  Juhnaon,  p.  282. 
of  Alaska. 

Seals  do  not  haul  out  upon  the  land  and  breed    sdwish  Johnson,  p.  3S8. 
along  the  coast. 

Have  never  known  pups  to  be  born  in  the  water  or  on  the  laud  any- 
where on  the  coast  of  Alaska.     Have  never  known 

any  seal  to  haul  up  on  the  land  in  Alaska.     1  have    Johnnie  Johnalon,  p.  283. 
never  seen  any  lur-seal  in  the  inland  waters  of 
Alaska  wliereyer  I  have  traveled. 

I  have  visited  all  the  inlets  and  islands  in   Chatham  Sound   and 
other  i>arts  of  Alaska  as  far  as  Sitka  and  never 
saw  a  fur-seal  in  the  inland  waters;  nor  liave  I    Kah-chnclc-tee,p.2i%. 
ever  heard  of  a  fur-seal  b<Mng  seen  in  the  inland 

waters.  Have  never  heard  of  any  fur-seal  being  hauled  up  on  tlieland 
or  rocks  on  or  off  the  coast  of  Alaska.  Had  fur-seal  been  hauled  u^^  on 
the  main  coast  or  islands  of  Alaska.  I  should  have  known  it,  as  the 
news  would  have  bei'ii  brought  to  me  by  the  Indians  of  dilferent  tribes 
who  came  to  purchase  oil  from  my  people. 

Have  never  known  a  fur-seal  to  haul  up  on  the    P.Kahiktday,  2).2Q1. 
land  anywhere  on  tlie  Alaskan  coast. 

Do  not  know  of  any  rookeries  or  ])laccs  where  fur-seals  regularly 
haul  out   on   the  land   or   kelp  to  breed  in  tUe 
Aleutian  Islands,  and  do  not  tiiink  there  is  such    Huml.  h'ahoorai/,  p.2U. 
a  place. 

Have  never  killed  or  seen  a  fur  seal  in  my  life,  nor  have  I  ever  heard 
of  any  fur-seal  having   been  seen  in  the  inland 
waters  of  Alaska  wiiere  I  have  traveled.     Had    luixhin,  p.  2iT. 
any  fur-seal  been  hauled  uj)  on  the  land  in  any 
itdet  around  Chatham   Straits,  Stevens  I'assage,  or  any  of  the  waters 
of  southeastern  Alaska,  1  would  have  known  of  it,  as  it  would  have 
been  told  me  by  the  people  of  other  tribes. 

• 

Have  never  seen  any  fur  seal  hauled  upon  the  laiul  anywhere,  nor 
have  1  ever  heard  of  any  being  hauled  \\[)  on  the 
land,  either  in  British  Columbia  or  Alaska.  ^^^"0  A'«»^'t'«.  2^-  ^205. 


200 


MIGRATION    OF    HERD. 


Jim  Knsooh,  p.  296. 


I  iiev  ?r  know  fur-soals  to  liaul  out  any  where  on 
tlie  land  in  Alaska,  uor  have  I  ever  heard  of  any 
being  hauled  out. 


My  business  calls  me  away  from  this  ])la(!e  to  the  different  inlets  and 

islands  around  Cliatli.  in  S(»und,  and  have  never 

Albert  Eceinuck,  p.  250.  seen  or  heard  ot  t'ur  seal  anywhere  in  the  sound. 

The  Indians  who  buy  my  Ush  oil  belong  to  tribes 

who  live  long  distances  away.      Have  never  heard  them   say  that 

tliey  ever  saw  any  fur-seal  liauled  out  on  the  islands,  rocks,  or  any  part 

of  the  mainland  of  Alaska.     Had   they  hauled  cmt  on   any  ijlace  in 

Alaska  I  should  have  known  it  myself  or  would  have  been  told  of  it 

by  the  Indians  who  come  h)Ug  distances  to  purchase  oil  from  me. 

I  visit  all  the  islands  and  ro(!ks  in  following  my  business,  in  Chat- 
ham Hound,  and  have  nevei-  been  able  to  see  a  fur- 
Geo.Jre<iioo8c/u)(/i,2J. 251.  seal  in  any  part  of  the  wateis  of  southeastern 
Alaska  in  my  life.     Have  never  heard  of  any  seal 
being  in  the  waters  uor  on  the  land  or  rocks  off  or  on  the  coast  of 
southeastenr  Alaska.     *     *     *     Following  my  occu])ation,  the  ])eoi)le 
of  other  tribes  come  a  very  long  distance  to  buy  of  me  the  oil  which  I 
make.    Had  there  ever  been  any  seal  hauled  out  on  any  part  of  the 
Alaskan  coast  it  would  have  been  told  to  me  by  these  i)eople  who 
come  to  my  home  to  buy  oil. 

Have  never  known  any  fur-seal  to  haul  out  on  the  land,  nor  have  1 
heard  of  any  being  hauled  out  on  the  land  from 
Elngooija,  p.  2V).  peoi)le  of  different  tribes  whom  I  have  met. 

Have  traveled  from  Icy  Bay  to  Wrangel  and 
have  never  seen  any  seal  in  tlie  inland  waters  in  my  life.  A  few  fur- 
seal  pups  have  been  killed  in  the  bay  within  my  remembrance,  in  the 
winter  seasons,  driven  there  by  the  storms  ou  the  coast  at  those  times. 


C.  KUinaneck,  p.  263. 


Have  never  seen  any  fur-.seal  hauled  (mt  on  the 
land  in  any  part  of  Alaska. 


I  don't  know  of  any  fur-seal  haaling  up  on  the  land  anywh<Me  in 
Alaska  or  British  Columbia,  and  I  don't  know 

Jas.  Klonaeket,  p.  283.     ^^.^^^^.^  ^^^^  ,^^,  j^.^^^j  ^^^ 

Have  never  heard  of  I'ur-seal  hauling  up  on  any  land  in  Alaska,  nor 

have  I  ever  heard  of  seal  ])U]>s  being  born  in  the 
George  Klotz.klol:,p.2i,.^^..^^.^,^.  ^^.  ^^^  ^j^^,  ^^^.^^^  ,,j.  ^^i.,j,]..j_     ]„  ,„y  dealings 

Avith  the  people  of  other  tribes  Avith  whom  I  come  in  contact  they  would 
have  told  me  had  they  known  of  any  fur-seal  having  hauled  up  on  any 
part  of  the  Alaskan  coast  visited  by  them. 


Konkonat,  p.  251, 


I  have  never  seen  or  heard  of  any  fu)'-seal  being  in  the  inland  waters 
around  Chatham  Hound  or  any  other  jtlace  in 
Alaska.  Nor  have  I  ever  heard  of  any  seal  being 
hauled  up  on  any  of  the  islands  or  on  tlie  coast  of 
southeastern  Alaska.  Had  any  seal  hauhid  up  on  the  land  ov  islands 
of  southeastern  Alaska  I  would  have  known  it  by  hearing  the  Indians 
A'om  other  tribes  .talking  about  it  who  came  to  buy  oil. 


Jiobert  Kooks,  p  296. 


Have  never  known  any  fur-seal  to  haul  out  on 
the  land  anywhere  around  this  part  of  Alaska. 


DOES  NOT  KNTEU  INLAND  WAI  El{». 


201 


I  never  knew  any  old  seals  of  any  lund  to  haul  out  on  the  shores  in 
tills  vicinity,  nor  liave  1  ever  lieanl  any  old  men 
say  they  ever  saw  any  old  seals  haul  out.  ^''""  ^"'"''<>.0'  >>■  -^'•^' 

I  am  intimately  aeqnainted  Avitli  the  hays  and  coast  from  here  to 
Barclay  Sound,  and  1  know  of  no  ])lace  on  the 
coast,  neitlier  liave  1  heard  of  any,  where  seals    Jaa.  TAijhthoit>ic,  p.  3ii9. 
haul  out  upon  the  land  and  give  birth  to  their 
young. 

I  know  of  no  ])laec  on  the  coast  where  they  haul    Thos.  Lowe,  p.  371. 
out  upon  the  land  and  breed. 

Never  knew  of  pujjs  being  born  in  the  water  nor  anywhere  else. 
Never  laiew  any  fur-seal  to  haul  up  on  tlie  land 


along  the  coast  of  Alaska. 


Geo.  Mc.iljihiCfi).  L'C6. 


T  have  never  known  any  pups  to  bo  born  in  the  water  or  on  the 
land  on  the  coast  around  this  ])art  of  Alaska.     I 
have  never  known  any  fur-seal  to  haul  up  on  the    Edtnl.  MaUlund,  p.  281. 
land  anywhere  in  Alaska.     1  have  never  seen  any 
fur-seal  around  Annette  Island  anywhere. 

Seals  do  not  breed  in  the  locality.    A  few  one-year-old  pui)s  have 
been  caught  during  the  winter.     Last  season  700 
or  800  seals  were  caught  olf  the  coast  by  the  ua-    '^"''"  ^'^«'i/«""',  1>-  ''i^^- 
tives  of  villages  on  Barclay  Sound. 

1  have  never  known  any  seal  to  haul  out  on  the  land  anywhcro 
around  this  ])art  of  Alaska  or  British  Colund»ia, 
and  1  never  lieard  of  any  hauling  out  in  Alaska    chus.  Ma)H>i,p.  207. 
or  British  Columbia. 


uenig 


I  know  of  no  i)la('e  on  the  coastwhere  the  seals  Thorwal  Mathasan,  p.'339. 
haul  up  on  the  land. 

I  have  become  well  acquainted  with  the  coast  while  engag<'d  in  my 
business  of  prospecting,  traveling  ah)ng  it  in  a 
canoe  and  entering  all  bays,  inlets,  streams,  etc.,  Hobt.  Micimcinni,  p.2;i-2. 
between  the  points  above  mentioiu'd,  ami  am  posi- 
tive that  no  rookeries  exist  in  that  region.  *  *  #  ]]i  Cook  Inlet 
the  water  is  very  muddy  above  Anchor  Boint,  and  I  have  never  known 
fur-seals  to  be  seen  beyond  it.  Below  that  point  a  few  .-traggU-rs  are 
occasionally  observed,  but  never  more  than  two  or  tiiree  at  a  time. 

I  have  never  seen  any  seal  hauled  out  on  the    -imos  Mill,  p.  285. 
land  anywhere  around  this  part  of  Alaska. 

They  do  not  enter  Cook  Inlet,  and  there  are  no    ^fetry  ^fonul  vi  ai.,  p 
fur-se.al  rookeries  in  or  about  this  part  of  Alaska.  220. 

I  have  never  known  any  pups  to  be  born  in  the  water,  or  any  fur 
seal  to  haul  uj)  on  the  land  in  this  jiart  of  Alaska. 
I  have  never  seen  any  I'ur-seal  in  tluMvater  any-    M<tithew  Mu)>h,  p.'2HG. 
where  around  in  the  island  waters  of  Alaska. 


202 


MIGRATION    OF    HERD. 


I 


UK 


1,1' 


1  am  fainilinr  with  all  tlio  l)ays  and  inlets  on  tln^  M'ost  coast  of  Van- 

couvor  Island.     I  do  not  know  of  any  place  jilonjy 

Moses,  jt.'SOd.  the  coast  where  seals  haul  out  iii)on  the  land  and 

give  birth  to  their  younj;';  nor  have  I  heard  the 

Indians  on  the  Vancouver  Island  talk  about  any  such  a  thing. 

I  have  visited  all  the  islands  between  here  and  kSitka  and  in  other 

l)arts  of  the  sound,  and  have  never  seen  any  fur- 

Lilly  Nah-hoo,  p.  252.     seal  in  the  waters  in  my  life.    Never  heard  of  any 

fur-seal  pup  being  born  in  the  water,  nor  have 

I  heard  of  any  fnr-seal  hauling  up  on  the  land  or  islands  in  southeastern 

Alaska  or  anywhere  else.     Had  i)ups  been  b(U-n  in  the  water  (u-  seals 

hauled  up  on  the  land  on  any  ]>art  of  the  coast  it  would  certainly  bo 

known  to  the  Indians  and  I  wonld  have  heard  of  it. 

I  have  never  known  any  pups  to  be  born  in  the  water  or  on  the  land 
anywhere  arouiKl  this  ])art  of  Alaska  or  in  British 

Nashton,  p.  298.  Columbia.   Have  never  known  any  fur-seal  to  haul 

up  on  the  land  anywhere  in  British  Columbia  or 
Alaska. 

Smith  XateJi,  p.  299.  Nor  have  I  known  jiny  seals  to  haul  up  on  the 

land  anywhere  in  British  Columbia  or  Alaska. 

Dan.  Xathlan,p  2S7.  Have  never  seen  any  fur-seal  haul  up  on  the 
land  anywhere  in  Alaska  ov  British  Columbia,  or 
on  Queen  Charlotte  Islands. 

nave  never  known  any  fur  seal  to  be  hauled  up  on   the  coast  of 

Alaska  from  I<'y  Bay  to  Wiangel.    I  have  been 

Kevhaniake,  p.  2i0.         uj*  and  down  between  those  places  many  times. 

*    *     *     Have  never  seen  ar.y  fur-seals  in  the 

sounds  or  inlets  between  this  place  and  AV  ran  gel  at  any  tinu>  of  year. 

In  early  days  a  few  pnps  used  to  be  driven  into  this  bay  in  the  winter 

by  the  stiU'ms  on  the  coast. 

I  have  never  heard  of  or  seen  any  seal  hauled  uj)  on  the  coast  of  Alaska 
anywhere.     Have  never  even  seen  any  fur-seal  in 

Jos.  Ndshkartk,  p.  287.  the  waters  around  Annette  Sound  or  in  any  of  the 
inhuid  waters. 


I  have  nev'er  known  or  heard  of  far-seal  hauling  up  on  the  land  any- 
where in  Britisli  Columbia,  Queen  Charlotte 
Islands,  or  Alaska. 


Xtkla-ah,  p.  288. 


I  have  never  seen  any  fur-seal  anywhere  in  the  inland  waters,  nor 
„  ,     .,,  .,c!Q         have  I  ever  heard  of  any  being  around  the  inland 

Peter  Olson,  p.  288.  ,  ..  .  i  •  j.     l-   »  i      i 

waters  ot  this  part  ot  Alaska. 

I  have  sealed  all  along  the  coast,  from  the  mouth  of  the  Columbia 
Biver  to  the  ])asses  leading  into  the  Bering  Sea, 

Oshj,  p.  390.  and  do  not  know  of  any  i)lace  on  the  coast  where 

seals  haul  out  u])on  the  land. 

I  have  sealed  in  that  manner  all  the  way  along  the  coast  from  the 
Columbia  JUver  to  the  upper  end  of  the  Van- 

Wilaon  I'aikei; p.  392.  eouver  Island  and  have  never  seen  a  place  along 
there  where  the  seals  hauled  out  upon  the  laud. 


DOES  NOT  KNTKU  INLAND  WATKUS. 


203 


t  of  Van- 
ace  aloii}? 
land  aiul 
hoard  the 


I  in  otlier 

II  any  fnr- 
ird  of  any 
nor  liavo 
theastern 
•  or  seals 
itainly  be 

1  the  hind 
in  British 
'al  to  haul 
hinibia  or 


ap  on  the 
Ahiska. 

ip  on  the 
unibia,  or 


)  coast  of 
ave  been 
ny  times. 
Is  in  tlie 
e  of  year, 
he  winter 


if  A  hi  sic  a 
ur-seal  in 
my  of  the 


and  any- 
Jharlotte 


tors,  nor 
le  inland 


Columbia 

\\\g  Sea, 

ist  where 


from  the 
;he  Van- 
ice  along 
jhe  land. 


X 


I  Iviiow  of  no  place  on  the  coast  wheic  seals 
come  up  to  land,   and   I   am  positive  tln're  is    lAlnii,  r,  roiier,i>.'Hl. 
none. 

Scalinji'  schooners  do  not  rcsularly  visit  tliese  islands.     Last  August 
(1>SS1)  three  of  them  came  in  here  to  get  watei', 

but  oidy  stayed  a  lew  hours  each;  they  had  been    ■'-'/'<'''  I'rvkopu/, 2>-  -15. 
to   the    Commander    Islands    and    were    going 
south. 

I  do  not  know  of  any  fur-seal  rookery  or  other  places  where  fnr-feals 
haul  out  on  the  land  to  breed  or  rest  in  the  Aleu- 
tian   Islands,    nor  where  the   old   bull  fur-seals    l''ilarct  r>okopirf,p.'2li). 
spend  tlie  winter. 

If  any  seal  had  hauled  uj)  on  any  of  the  islands  in  southeastern 
Alaska,  I   should   liave  known    it.     They  woidd 
certainly  have  been   seen  by  some  Indians,  and    KcM  Ililcy,]). '2r>2. 
they  Avould  have  rcpoited  it  to  all.    Jlave  never 
seen  a  fur-seal  in  Chatham  Sound  or  any  of  ti»e  inlets  off  the  sound  in 
my  life. 

Years  ago  a  few  seal  imii)s  Avere  driven  into  the 
bays  by  the  storms  on  the  coast  during  tiie  winter    Houdtun,  p.  242. 
season. 

1  have  never  known  or  heard  of  any  pups  being  born  in  the  water  or 
on  the  land  anywhere  around  tiiis  part  of  Alaska. 
Have  never  known  any  fur-seal  to  liaul  up  on  the    -ihel  Hyan,}).  299. 
land    anywhere    around    British    Columbia    or 
Alaska. 

I  have  traveled  from  Icy  Bay  to  Nucliuk  ami  back  along  the  coast  as 
far  east  as  Lityu  Bay,  and  have   never  seen  any 
fur-seal  in  any  inland  waters  wherever  1  have    '^clihiii(iim,p.  213. 
traveled.    Have  never  known  any  fur-seal  to  (!ome 

up  on  the  laiul  in  Alaska  or  on  any  of  the  islands  adjacent  thereto,  but 
have  heard  that  they  do  haul  out  on  the  Pribilof  Islands. 

Have  never  known  or  hear<l  of  any  pups  being  born  in  the  water  or 
anywhere  on  the  coast,  nor  have  1  ever  known  or 
heard  of  any  fur-seals  being  liauled  upon  the  land    Schowoosch,  p.  213. 
anywhere  in  Alaska.     Once  in  a  wliile  a  t'ow  piijjs 

are  driven  into  the  bay  by  the  liard  gales  blowing  from  tlie  southeast  on 
the  coast  during  the  month  of  December. 

1  do  not  know  of  any  ])la('e  on   the  coast  where    lyuUam  Short,  p.  318. 
the  seals  haul  out  upon  the  land  to  breed. 

Have  never  seen  a  fur  seal  in  Chatham  Straits,  Stevens  Passage,  or 
anywhere  else  in  my  life,  nor  have  1  ever  heard  of 
any  fnr-seal  hauling  out  on  any  of  the  islands  or  GeorgeSchuclr!iah,p.-2iH. 
rocks  on  any]»art  of  the  coast  of  Alaska.    And 

hadany  ever  hauled  out  1  shonid  have  known  it  by  being  told  by  the 
people  of  the  dift'ereut  tribes  with  whom  I  come  in  contact. 


204 


MKUJATIoN    OF    JIKUn. 


Have  been  <l(t\vii  In  Sitkii,  and  <>ii  all  islands  and  inlots  around  Cliat- 
liani  Soniid.  and  lia\t' never  seen  any  liii-seal   in 
LSchurhliaii,  i>.'2o3.  m.v  lile,  iior  have   I   ever  heard  of  any  liir  seal 

l)('iniL«-  liauled  up  on  aiiv  of  tlie  islands  or  rocks 
around  Chatham  Sound,  ^'or  have  1  ever  si'i'u  auy  man  who  said  he 
ever  saw  a  i'nr-seal  iiup  in  his  life;  have  never  seen  an  Indian  be- 
lonji'infjf  to  any  tribe  wh(»  said  he  ever  saw  or  heard  of  a  fur-seal  haul- 
in/^' ujt  oi!  the  land  anywhere  in  southern  Alaska.  'JMie  Indians  who 
t'OMie;  here  to  trade  with  me  and  our  people  e(»iiie  louj;'  distances,  and 
had  there  been  a  fur  seal  rookery  in  any  part  of  Ahiska,  my  people  and 
myself  would  have  known  it. 

Have  never  known  of  seal  haulinjj  up  on  the  land  anywheie  in 
Alaska,  nor  have  1  ever  seen  any  fur-s»'al   in  the 

Jack  Shuch!j,2>.28[}.  iidand  waters  between  this  place  and  Wrangel 
Island. 

Alexander  Shyha.p.  2'2C>.  The  fur-seals  usually  ai>pear  off  this  i)art  of  the 
coast  about  tlu'-  m(»nth  of  May,  but  they  do  not 
enter  Cooks  Inlet. 

In  all  my  traveling  ar(»und  in  the  waters  of  southeastern  Alaska,  1 

have  <)nly  seen  one  fur-seal  in   my  life.     I  have 

Aaron  SiiiiKoii,  p.  L"JO.    ne\  er  seen  or  heard  of  ])up  seals  being  born  in 

the  water  or  anywlier«>  in   Alaska;  nor  have   I 

ever  seen  or  heard  of  fur-seals  hauling  up  on  the  land  in  any  part  of 

Alaska. 

Martin  Sin(j(iy,i>.  208.      Kevcr  knew  of  any  fur-seals  to  haul  up  on  the 
land  ah)ng  the  coast  of  Alaska. 


Jack  Sitka,  p.  L'GU. 


IK  |i' 

b  lit' 

m 

I. 

it" 

[if 


Never  known  fur-seals  to  haul  uj)  on  the  land: 
have  heard  that  they  do  haul  up  on  the  Pribilof 

Islands. 


Have  heard  that  the  fur  seal  haul  up  on  the  Pribilof  Jslands,  but 

never  have   seen,  or  have  I   ever  heard  of  any 

Skecnoiifj,p.2i\.  fui-seal  being  hauled  ui>  on  any  i»art  of  the  (;oast 

of  Alaska,   or   rocks     adjacent   thereto.     Never 

have  seen  any  fur  seal  in  J)isenchantment  Bay,  or  anywhere  else  iu 

the  inlets  of  Alaska. 

1  have  never  seen  a  fur-seal  in  the  waters  of  Cooks  Iidet,  and  do 
not  thiidc  any  fur-seal  rookerv  exist;  iu  this  vicin- 
Fredk.  skibbj,  p.  2L'8.     j^y^  .,_^  otherwise  1  believe  1   slKudd  have  heard 
of  it. 


M 


ii' 


77(OHi«c  Skou-t,  p.  300.  1  have  never  known  any  fur-.scal  to  haul  out  any- 
where on  the  coast  of  lUitish  Columbia  or  Alaska, 
wherever  1  have  been. 

Uave  never  seen  any  fur-seal  born  in  the  water  or  on  the  laiul  any- 
whci'e   in    British    C(duiid)ia    or   vVlaska;    have 

(ico.t>kaltka,  p  ^'M.  never  si'cn  or  heaid  of  any  fur-seal  rookeries  iu 
British  Columbia  or  Alaska. 


DOES    NOT    1:NTEI{    INf.AND    WATERS. 


205 


on  11(1  Cliat- 
liu-sciil  in 
ii.v  Cui'  seal 
s  <»!•  rocks 

kllO  Sili<l  iic 

liidiiiii  l)(v 
-scal  liiinl- 

idiiiiis  who 
iiiccs,  and 

people  and 


ywliere  in 
<»'iil  in  till' 
i  VVrangel 


part  of  the 
ley  do  not 


Alaska,  I 
'.  I  have 
g  born  in 
>r  liavc  I 
ly  part  of 


up  on  tlie 


tlie  land: 
e  Pribilof 


lands,  but 
I'd  of  any 
th(^  coast 
3.  Kcver 
•e  else  in 


t,  and  do 
Ills  vicin- 
ive  heard 


I  out  any- 
i'  Alaska, 


and  any- 
a;  have 
kcries  iu 


Nor  have  1  ever  heard  of  any  fur  seal  hauling-   np  on  the  land  or 
rocks  anywhere  around  Chatliani    Sound.     Tlie 

people  wlio   I   sell  oil   to  come  from  a  Ion;;'  dis-     )„„ii  .slivmrh,  p.  '2oX 
tance,  and  I  have  iic\er  heard  tliem  sa.v  that  th  'y 

lia<l  seen  fiirseai  haided  up  on  tlie  huid  a!i,\  wlieie,  and  they  would  have 
told  me  and  others  of  our  jieople  had  they  seen  any, 

I  have  never  known  any  fur-seal  to  haul  uji  on  the  land  aiiywliero 
around    tliis    part   of  Alaska;  nor  havc^   L  ever 
known  an.\  fn i'  seal  pu[)s  to  be  born  in  the  wafer    stulihuM,  )).2\'>. 
or  anywhere  else  in  Alaska;  nor  have  I  ever  heard. 

any  Indians  witli  whom  i  liave  «'oiiie  in  e<»iitav'l  say  that  they  had  ever 
known  any  fur  seal  pups  to  liavc  been  lioin  in  I'le  water;  nor  had  tiiey 
known  any  fui-  seal  to  haul  ui)  on  the  land  in  any  part  of  Alaska. 

I  never  saw  any  seals  on  the  land  as  we  went    Cynts  Skphcnti,  p.  480. 
aloiifj'  the  coast. 

lam  sure  there  is  no  place  on  tlie  (  oast  where    John  A.  Sicain  p.  350. 
they  haul  out  uiion    tiie   land  and   j;ive  birth  to 
their  young-. 

Have  visited  all  the  islands  and  inlets  in  Chatham  Sound  and   other 
I)arts  of  southeastern  Alasiia;  have  never  seen 
fur  seal  in  the  inland  waters;  nor  lia\'e  1  ever    rchit-tlKth-,  p.  \i~yU 
heard  of  any  being-  there;  nor  have  L  heard  of  or 

seen  any  iiaul  ui>  on  the  huKi,  any  island,  or  rock  onorolVtho  coast  of 
Alaska.  In  my  business  of  making  herring  oil.  which  1  dispose  of  to 
the  peo])le  of  tlie  dilfeient  tribes  along  the  coasi,  I  should  have  lieard 
of  seal  being  hauled  up  on  any  island  or  rock  along  the  eoast  of  Alaska, 
had  there  been  tiny,  for  it  is  customary  for  the  people  of  op^- tiibe,  to 
tell  the  people  of  another  all  they  know. 

I  have  never  seen  or  heard  of  any  fur-seal  being  seen  in  any  of  (he 
inland  waters  of  Ahuka,  nor  have  1  ever  known 

of  or  seen  any  i'ur-seal  hauled  uj»  on  the  land  in  o'm.  G.  Tlnmuin,  p.  l'OI. 
any  part  of  Alaska  ;  have  employed  a  great  many 

Indian  lisliermen,  and  had  there  been  a  fur  seal  rookery  in  any  part  of 
the  Alaskan  coast  i  simuhl  certainly  have  heard  of  it. 

Have  never  known  any  fnr-soal  to  haul  up  on  the  land  around  these 
bays  or  in  any  other  jtart  of  Alaska.     *     *     * 
[N^either  have  I  heard  of  any  fur-seal  hauling  ui>    Tlnni!:. p.'2\r). 
on  the  land  anywhere  around  this  jiart  of  Alaska. 

Mad  there  been  any  seal  hauled  up  on  the  land  it  would  have  been  told 
to  me  by  people  of  dilfeient  tribes  v.ith  whom  i  have  come  in  contact 

lam  acquainted  with  the  coast  from  Sitka  to    Peter  Tiirhnioff,  p.  22'2. 
Kadiak.     1  do  not  know  of  any  rookery  along  the 
coast,  nor  have  I  ever  heard  of  any. 

Have  never  known  fur-seal  to  haul  up  on  the   Charlie,  Tlakmtan,  p.  270. 
land  or  on  the  coast  anywhere  in  Alaska. 

I  have  never  seen  a  fur-seal  in  any  of  the  inland    ■^-  0.  i«i  nan,  p.2'JX 
waters  of  Alaska,  nor  have  1  ever  heard  of  any 
being  iu  the  inland  waters. 


206 


MIGRATION    OK    IIKKO. 


i    I 


r.(3i'j, '. 


I  visit  all  the  isliuids  niid  iiiicts  iirouiid  ('liatliinii  Sound  in  followinfj 
my  ncciipatioii  ol'  iinikin;;'  oil   from   tlio   litMriiijir 

ToodajiK  Cha)-lie,p.'Jl[).  wliicli  J  i'iitcli.  Iliivc  never  .seen  a  fur-seal  iu 
the  iidaiid  waters  in  my  lil'e;  nor  did  1  ever  hear 


of  any  boiiiy-  in  the  inland  waters.     * 


*     Nad  anv  fur  seal  hauled 


up  it  would  iiave  become  known  to  the  Indians  and  I  would  have  heard 
it;  for  I  sell  oil  t(»all  the  tiiltesof  huliaiis  in  southeastern  Alaska,  and 
they  would  have  told  uu',  had  they  ever  known  or  heard  ui'  there  beiny 
a  fur-seal  rookery  at  any  plaeti  alonj;-  t  he  coast. 

Have  killed  mostly  pupa  iu  the  fall  of  thoyeai',  driven  iu  by  the  se- 
vere wi'ather  outside;  never  hav(^  seen  any  fur- 
seal  haul  up  on  tlie  land  nor  have  I  ever  heard 
of  any  seal  liaidin<;'  up  on  the  laud. 


Ttvongkwalc,  p.  240. 


John  Tysum,  p.  391. 


Seals  do  not  haul  out  ujion  the  land  along  tlio 
coast  and  yivo  birth  to  their  youny. 


Have  never  known  or  heard  of  seal  hatdinji'  uj)  on  the  land  on  the  coaac 
of  Alaska ;  have  heard  that  they  do  haul  up  ou  the 
Jas.  Unatajim,  p.  272.     Tribilof  Islaiuls. 

I  have  never  seen  any  fur  seal  hauled  up  on  the  rocks  anywhere  on 

the  <'oast  of  this  part  of  Alaska.     I  have  never 

George  Usher,  p.  291.      seen  any  fur-seal  anywherearonnd  Annette  Island. 

He  has  never  seen  or  heard  of  seals  inside  Uarclay  Sound.    They  are 

all  found  outside.    *     »     *     He  has  never  heard 

Francis  rvrbckc, p.  311.  of  seal  bretHlinji' here  and  has  never  seen  any  seal. 

Witness  states  that  ho  is  the  only  white  resident 

of  village. 

Have  never  known  any  seal  to  haul  up  on  the  land  or  on  the  coast 
of  Alaska.     Have  hearil  that  they  do  haul  up  on 
Charlie  JVanlc,  p.  273.     the  i'ribih)f  Islands. 

I  annually  visit  nearly  all  the  settlements  in  this  region,  and  many 
of  the  uninhabited  islain^s,  and  have  never  seen, 
M.L.  Washburn,  pAHS.  and  in  convi^rsat  ion  witli  liie  various  tribes  of  na- 
tives have  never  heard  of  fur-seals  hauling  on 
shore  of  the  mainlands  or  the  islands  iu  this  district,  eithei-  for  breed- 
ing or  temporary  resting  i>la('e,  since  my  residence  in  Alaska,  and  in 
only  one  case  have  I  heard  of  a  young  pu])  fur-seal  being  fouiul  in  the 
waters  of  this  district.     A  single  pup  seal  was  found  last  year  near 
Marnot  Island  by  a  hunter  who  had  been  for  years  engaged  in  hunting 
and  this  was  the  only  ease  that  had  ever  come  to  his  knowledge.    And  1 
would  say  iu  this  ccmnection  that  all  the  small  islands  are  visited  dur- 
ing the  summer  by  native  hunting  ])arties,  and  they  informed  me  that 
they  never  had  found  any  fur-seals  on  shore. 


Watkins,  p.  395. 

to  their  young. 


I  do  not  know  of  any  i)lace  along  the  coast  hero 
the  seals  haul  out  upon  the  land  and  give  birth 


DOES    NOT    ENTER    IN'I,AND    WATERS. 


207 


I  foIlowlnf» 

nr-sciil  in 
ever  Ih'ui' 
['ill  liaulcd 
iiv('  hciiid 
liiskii,  iitnl 
lieie  being- 


by  tlio  se- 
ll any  i'nr- 
vcr  iieaid 


aloiiij  the 


I  the  coast 
up  ou  tho 


Ho  atat«'s  that  fnrscal  do  not  conu'.  in  (•h>s('  to  short'  in  this  locality, 
and  jiro  ncAci'  t'onnd  on  land.     Seals  ar«i  «'aii;>iit 
oil"  the  coast  at  IVom  "»  to  'JO  miles.     They  do  not     ft'tckiiniiu.'ch,  p.  'Ml. 
breed  in  this  locality  and   notliin;-'  of  tlie  kind  i.s 
known  in  the  nu'nioiy  oI'I'm-  oldest  inhabitant. 

I  have  never  known  any  t'ur-soal  to  haul  np  anywhere  on  the  land 
on   the  coast  of  Alaska.,     i  have  never  been  in 
Beiiiifjf  Sea.  />. s.  nvitivnhiUn; p:2-\. 

Seals  do  not  haul  outou  land  at  I'arelay  Sound    chiirUij  n'hiii\i>.\m\ 
nor  ah)ny  the  coast. 

1  have  never  known  of  any  seals  to  haul  ni»  and  bieed  between  hero 
and  Unainack  Pass.     [  have  often   followed  tin'ni 
very  close  in  to  tlie  inaiidand  and  have  killed    ^V'^'""' " /""■.^'- 't^O- 
theuj  aleepin{>'  (»n  the  water. 

Have  never  known  any  fnr-seal  to  haul  up  on    fHUy  Willi  am  i>,  p. '301, 
the  laud  anywhere  oji  the  coast  of  Alaska  or  Urit- 
ish  Coliunbia. 


where  on 
iv«^  never 
te  Island. 

They  are 
^'er  heard 

my  seal. 

resident 


he  coast 
lul  up  on 


nd  many 
ver  seen, 
les  of  na- 
ulino-  on 
n-  breed- 
,  and  in 
id  in  tho 
ear  near 
huntinff 
And  1 
ted  dnr- 
me  that 


ast  here 
ve  birth 


Have  never  known  or    heard  of  any  fur-seal    Fred  UilHon,  p.  301. 
hauliiifi'  up  on  the  land  anywhere  on  tlu^  coast  of 
British  Columbia  or  Alaska. 

There  is  a  hair-seal  rookery  in  the  northern  part  of  Cook's  Inlet,  on 
Kalftin  Island,  about  latitude  (!0^  ;>()'  north. 

1  have  never  known  fur-seals  to  come  up  into  Cook's  Inlet,  above 
Anchor  Point,  and  am  positiv*'  that  no  I'ur-seal 
rookeries  exists  in  the  region;  neither  have  I  ever    ,/«,v.  wuson,  p.  228. 
heard  of  fur-seal  lookeries  in  the  northern  hemis- 
phere other  than  those  on  the  seal  islands  of  Bering  Sea. 

I  am  familiar  with  the  bays  and  inlets  along  the  coast,  and  I  do  not 
know  of  any  place  ou  the  coast  where  the  s'^nils  haid  out  upon  the  laud 
and  breed.    *    *     *     I  am  familiar  with  the  west 
coast  of  Vancouver  Island,  and  have  been  in  Bar-    UiajwOfp.  396. 
clay  Sound,  Clayquot  Sonne',  and  talked  with  the 

Indians  there,  and  none  of  us  know  of  any  place  along  the  coast  where 
seals  haul  out  upcui  the  land  and  breed,  nor  have  I  ever  heard  any  Indian 
speak  of  such  a  place. 

Have  never  known  of  any  fnr-seal  to  haul  out  on  the  land  on  the 
coast  of  Alaska.      Have  heard  of  them  hauling 
out  ou  the  Pribilof  Islands,  but  have  never  been    Michael  Ji'oo8koot,p.2lo. 
there. 

Have  never  seen  or  heard  of  fur-seals  hauling    Tahkah,  p.  2iG. 
up  ou  the  land  in  any  part  of  Alaska. 

I  never  heard  of  any  fur-seal  hauling  up  on  the    miiy  Yeitadvj,  p.  302. 
land  anywhere  in  British  Columbia  or  Alaska. 

Have  never  known  any  fur-seal  to  haul  upon  jiaating8Tcthnow,p.^^, 
the  laud  iu  British  Columbia  ov  Alaska, 


i 


V) 


208 


MIGRATION    OF    IIKKD. 


ISov  liiive  I  ever  heard  of  any  fur-seal  liaiiliii^i' up  on  tlie  liiiid  any- 
wliere  in  Alaska.    I  liavc  not  seen  a  fiu-scal  w  itliin 
Jif.  yoh((iiKPii,i}.3C)'.h     five  miles  of  land  aloiij^'  tiie  Alaskan  coast. 

I  have  never  seen  any  Inrseal  in  the  inland  waters  of  this  part  of 
Alaska,  nor  have  I  ever  heard  of  any  beiny-  there 

raul  Toiaujfp.  292.  from  the  ])eoi)le  of  my  tribe,  llavi!  never  known 
any  fur-seal  to  haul  u[)  on  the  land. 

Waller  Young,  p.  303.  Never  known  any  fur-seals  to  haul  np  on  the 
Lmd  in  Alaska  or  Britisli  Columbia. 


nish  Yiillit,2^.  308. 


I  liave  never  known  the  seals  to  haul  out  ui)on 
le  Ian 
younj^-. 


the  land  along  +his  coast  and  give  birth  to  their 


I  never  have  seen  or  heard  of  a  idace  along  the 
37(08.  Zohiol-s,  p.  398.    coast  where  the  seals  haul  out  ui)on  land. 

For  many  years  it  has  been  known  that  fur-seals  breed  at  fruadalupe 

Island,  V  here  formerly  large  numbers  wei'(^  killed 

y.{i'"  ''■,!;  ■'//",';  Vl"*"  annuaiiv   for   tlieii-   skins.     Two   thousand  were 

(nil,  and  Dr.  C.  II.  Mrr-  ■,•'         •,    ,  ii..^>'>      •  i  ■    i     j.-  n 

ridiii    Vol.  I  p.  58(i.  secured  as  late  as  IbM,  since  whieli  time  small 

nund)ers  have  been  taken  nearly  every  year.  In- 
asnuKth  as  t\w,  Xordiem  fur  seal  {('(tUorhhniH  vy.sinus)  is  not  known 
to  breed  south  of  tlui  Pribilof  Islands,  but  occnis  in  winter  off  the 
coast  of  northern  California  and  i)asses  north  in  the  spring,  it  seenu  d 
important  to  deteiiniuii  the  sjiecies  of  fur  seal  inhabiting  Gnadalu[»e 
Island.  For  this  puipose  an  exjiedition  Avas  sent  to  said  island  by  the 
direction  of  Dr.  C.  Ibut  Meriiani  in  .May,  IS'.L',  in  charge  of  iMr.  C.  II. 
Townsend,  an  assistant  of  the  United  States  Fish  Cnnnnission,  Seven 
fur-seals  were  ^een  near  tiie  island  and  one  was  shot  by  .Mr.  Townsend, 
but  it  sank  befoie  it  could  be  recovered.  Tlie  visit  was  made  too  early 
in  the  season  to  hud  the  seals  on  the  shore.  A  beach  (tn  (iuadalupe 
Island  was  visited  where  it  was  known  that  a  ]arg<'  nundx-r  of  fur-seals 
had  been  killed  a  few  years  ]>reviously  and  four  skulls  were  there  ob- 
tained. We  have  ear^i'ally  examined  these  skulls  and  lind  them  to 
belong  to  a  s])ecies  of  Arciocrphfthis.,  n  very  dilferent  kind  of  fur-seal 
from  that  found  in  Bering  Sea,  the  well-known  ('alhrrliinii.s  iir.shtm. 

Sometimes  during  a   heavy  storm    a    few  seals  will   be  driven  on 
sh(»i('  for  a  short  time,  but  will  not  stay  but  a  few 
Whpoo,  p.  390.  hours. 

THE  RUSSIAN   TIKUD. 


:!  :  lin-i 


hii;' 


riigc.  129  of  'I'lu"  Cii^(\ 

In  summer  the  two  herds  renniin  entirely  distinct,  separated  by  a 
/iViKH-/  (»/'//(«  J iHO'iVd;)  ^^'■'^*'^" '"'^''''^'^'  of ''*<'vcral  hundred  nules;  and  in 
Comiiiin.vo)i(ra,  p.  32;}  o/theii    winter  ndgrations  those  from  the  i'ribilof 
Tln'Cdsc.  islands  ftllow  the,  American  coast  in  a  southeast- 

erly direction,  while  those  IVom  tln^  Coniniandef  and  ivuiile  islands  fol- 
low the  Siltei'ian  and  .Iaj»an  coasts  in  a  soutiiwesterly  direction,  the  two 
herds  being  separated  iu  winter  by  a  watei  interval  of  s«'veral  tlioiisund 
miles. 


THE    RUSSIAN    HERD. 


200 


0  111  11(1  iiny- 
-sciil  within 
)ast. 

It  is  piirt  of 
Ix'iii^'  tluTO 
svei'  known 


up  on  tlio 


ll  out  111)011 

th  to  their 


3  along  tho 
id. 


Tlic  Pnhilof  hcnl  (loos  not  min-le  with  the  herd  located  on  theConi- 
inaiider  Ishiiids.     1  his  I  know  from  tlic  lact  that 
the  herd  «oes  (-astward  after  entering  the  Paeitic    cha.  Brmnf  n  J 
Ocean,  and  from    questioning    natives  and  half-    ^""■'- '^'•"'""'•^- '• 
breeds  wlio  had  resJdcMl  in  Jvanichatka  as  emploves  of  the  Knssian 
Far  Company    I  learned  that  the  Commander  lie'rd  on  leaving  tlu'ir 
islaiids  go  sonthwestward  into  the  Okhotsk  S,>a  and  tlie  waters  to  the 
southwar.   ot  It  and  winter  tliere.     This  fact  was  further  verified  by 
wlialers  who  hnd  tiiem  tiieie  in  the  early  spring.  ^ 

In  the  latter  part  of  September  of  1807,  in  the  hvig  KentucJci/,  mnk- 
iiig  passage  between  Petropanlowski  and  Kadiak  ^'      '  ^ 

I  obsery.Hl  the  Commander  Islands  seal  herd  on    r;/,..v. ./.  rf„,ue  ,,  .qt 
Its  way  from  the  rookeries.     Tliev  moved  in  a  com-  ' 

pact  mass  or  seliool,  av'ier  the  i.^i-mcr  .W  herring,  and  were  makin-  a 
westerly  course  toward  the  Kunle  islands.  liicuvin^  a 


fruadalnpo 
weiv  killed 
sand  were 
time  small 
year.    In- 
lot  known 
ter  oif  the 
it  seemed 
ina(lalu[)e 
md  bv  tii(i 
Mr.  C.  J  I. 
•II.    Seven 
.'ownsend, 
'  too  early 
!na(laliij)e 
f  fnr-seals 
ther(^  ob- 
d  them  to 
>f  fnr-seal 
ruinuft. 

Iriveii   on 
but  11  few 


I  tod  by  ,1 
s;  and  in 
■  Piiliilof 
nitheast- 
ainls  fol- 
U  the  two 
)housan(l 


Mill-, 


MANAGHMEXT  OF  THE  SR\L  ROOKERIES. 


THE  SLAUGHTER  OF  i8C8. 


I'ajio  132  of  Tlio  Case. 


I  went  [in  the  sprinp:  of  IS(;S]  tor  the  late. lolin  Parrott,  of  San  Fran- 
cisco, direct  to   tiie  islands  o;  St.   i*aul  and  St. 
George.     We  were  the  first  parties  wiio  went  to    f''c().  A'.  Adams,  }>.  157. 
those  islands  after  the  purchase,  and  commenced 

takinj-'  seals  about  the  1st  of  July.  We  and  other  parses  took  altont 
65,000  that  year  from  St.  Georu'e  Island  alone.  We  killed  n(»  ffiiiales 
exce])t  by  accident,  for  the  reason  tliat  we  tliought  at  that  time  the 
skins  of  females  were  worthless. 

Durinji'  my  observati<m  only  one  class  of  bachelor  seals  on  the  islands? 
showed  any  delhiency  in  numbers,  ami  1  accounted  for  this  fact  in  my 
rejjort  to  the  Secret  .ry  of  tlie  Treasury,  dated  Septend)er  5,  187L*,  from 
which  I  quote:   '•  Tlie  weather,  althon.uh  excess- 
ively fo^'fjy  and  disagreeable  to  the  residents  of    ChaK.  lirynut,  p.  7. 
the  islands,  has  been  especially  favorable  to  the 

younjj'  seals.  It  is  also  observable  that  a  larger  number  of  yeavliiiirs 
or  last-year  pups  than  tisual  have  returned  to  the  islands  the  present 
season.  There  is  now  only  a  deliciency  of  one  class,  that  of  the  four  or 
live  year  old  seals.  This  is  cleajly  traceable  to  the  Ibllowing-  causes: 
])urin<?  the  season  of  bSOS  there  weic  killed  on  both  islands  220,000 
aninnils  for  their  skins,  and  in  the  season  of  bS(ii>,  85.000  lor  their  skins. 
At  that  time  the  relative  value  of  the  sizes  or  a^'cs  of  the  skins  was  not 
understood,  :.nd  all  the  skins  bein*''  i»aid  tor  at  the  same  i)rice,  the  na- 
tives, who  were  (piick  to  i>erceiv<'-  the  ditfeience  between  takinjja  ^inall 
skin  and  a  larj;e  one  antl  carryiujiv  it  to  the  salt  house,  killed  all  the 
yearlings  that  they  could;  these  were  the  ]»ro(biets  of  1S07  and  ISOS. 
These  were  sent  tbrward  in  l>^7<»  to  market  and  (»verstock«'d  it  with  small 
skins.  This  ci'eated  a  demand  tor  largei' skins,  and  the  Alaska  < 'oni- 
mercial  Comi)any  instiiicted  their  agents  to  take  all  the  large  skins 
jiossible  in  I87I :  this  was  done  and  as  many  I  and  o  year  old  seals  as 
could  be  taken.  'I'his  again  fell  on  the  already  diminished  iirodnct  of 
LSt»7  and  1S()8.  When  ttene  were  sent  to  niark't  they  were  found  too 
old,  and  now  the  proper  nuMlium  being  ascertained  the  seals  will  be 
selected  acitordingly." 

It  should  be  borne  in  mind  that  tin*  killing  in  18t!8  was  done  by  un- 
authorized persons  beibre  the  (loveriiuient  could  arrange  for  the  pro- 
tection of  the  ro(»keries. 

As  a  residt  of  the  above  experieiu'c  T  wi.uld  further  state  (he  tbllow- 
ing  facts:  During  my  visit  to  St.  (leorge  IshMid  in  IStiS,  before  referred 
to,  this  vast  Territory  of  Alaska   nad  just  lallen 
into  the  i)ossessi(Mi  of  the  I'niTed  States,  and  the     ir.  n.  ihiU,  /».  L*;!. 
(lovernment  had   not  yet  tairl,\  established  more 
than  the  beginning  of  an  oiganizatitui  for  its  man  <gement,  as  a  whole, 

au 


i'i  i 


212 


AMERICAN   MANAGEMENT. 


without  irentioniiig  sncli  details  as  tlie  Pribilof  Islands.  In  consc- 
quoiice  of  this  state  of  affairs  private  enteiprise  in  the  form  of  com- 
panies dealing  in  furs  had  established  numerous  sealing  stations  on  the 
islands  during  1808.  During  my  stay,  exeei)t  on  a  single  oceasi(m,  the 
driving  from  the  hauling  grounds,  the  killing,  and  skinning  was  done 
by  the  natives  in  the  same  manner  as  when  under  Ku.s.siini  rule,  each 
competing  party  paying  them  so  much  per  skin  for  their  labor  in  taking 
them.  Despite  the  very  bitter  and  more  or  less  unscrupulous  compo- 
titi<m  among  the  various  parties,  all  recognized  the  inii)ortance  of  })re- 
serving  the  iudustry  and  protecting  the  breeding  grounds  from  moles- 
tation, and  for  the  most  part  were  guided  by  this  conviction. 

T.F.Morgan, p. 63.  My  knowledge  of  the  catch  of  1808  (jiables  me 

to  state  tliat  the  destruction   of  seals  from  all 
sources  in  that  year  was  about  240,000.    This  is 
the  maximum  figure. 

Guaiare  Niehaum,  p.  208.    The  various  parties  took  that  year  about  230,000 
seals,  of  which  about  140,000  were  killed  under 
my  direction. 

AMERICAN  MANAGEMENT. 


THE  LEASE  OF  1870. 


Pago  134  of  The  Case. 


No  sealing  was  done  at  the  Pribilof  Islands  during  the  seasous  of 
1809  and  1870  except  for  food  for  the  natives,  the 

Geo.  li.  Adams,  p.  io7.  (jiovernment  having  declared  these  islands  a 
reservation,  and  the  lessees  did  not  perfect  the 
lease  in  time  to  commence  operations  that  year  (1870.) 

In  the  spring  of  18G9  I  Joined  the  United  States  revenue  steamer 
Lincoln,  and  made  the  sunmier's  cruise  in  her  of 

U.  n.  McJntyre,  p.  47.  about  four  months,  touching  at  many  points  along 
the  Alaska  coast  between  Sitka  and  the  most 
westerly  island  of  the  Aleutian  Archipelago,  visiting  the  Pribilof  group 
twice  during  the  season. 

The  habits  of  the  seals  and  manner  of  driving  and  killing  them 
during  Russian  occupation  of  the  islands,  and  in  18(58,  after  the  trans- 
fer of  Alaska  to  the  United  States,  were  as  carefully  inquired  into  as 
the  limited  time  and  opportunity  would  admit,  and  rei)orted  to  the 
Treasury  Department  under  date  of  November  30,  1809  (House  Ex. 
Doc.  30,  Forty-lirst  Congress,  second  session).  This  report,  together 
with  that  of  Special  Agent  Charles  Bryant,  formed  the  basis  of  subse- 
(lueiit  legislation  providing  for  the  leasing  of  the  right  to  kill  100.0(10 
seals  annually  for  their  skins.  The  rei)()rt  was,  in  the  absence  of  more 
relii^ble  iiifoimation,  largely  based  upon  the  traditions  and  opinions  of 
the  natives  and  traders,  to  whom  the  management  oi  the  sealeries  was 
intrusted  by  the  Russian  Fur  Comi)any,  i;nd  was  afterwards  found  to 
be  erroneous  in  many  particulars,  llpon  th'>  main  point,  liowever,  that 
of  fixing  100,000  seals  as  the  proi)er  nunibei  to  be  killed  annually,  we 
have  shown  by  the  experience  of  many  years  to  have  been  correct. 


THE    LEASE    OP    1870. 


213 


111    COllPl'- 

tii  of  c'om- 
ioiis  oil  the 
L'asi(»n,  the 
f  was  done 
rule,  each 
r  ill  taking 

us    €01111)0- 

ice  of  ]H'e- 
L'oni  moles- 


iiables  me 
s  from  all 


[)nt  230,000 
lied  uuder 


seasons  of 

a  fives,  the 

islands   a 

perfect  the 


le  steamer 
in  her  of 

)irits  along 
the  most 

nlot  group 

ing  them 
the  trans- 
d  into  as 
tod  to  the 
House  Ex. 
togothcr 
s  of  subso- 
il lOO.OOO 

CO  of  IIIOI'O 

»])inioiis  of 
lorios  was 

s  found  to 
over,  that 

inially,  we 

>  erect. 


To  the  intoUigont  inquirer  as  to  tlie  value  of  the  system  now  mi  ojiora- 
tion  for  handling  and  disjjosing  of  the  annual 
quota  of  skins  from  the  seal  islands,  no  doubt  can    c.  A.  WiniamK,p.'>i6. 
remain  tliat  it  is  tlu'  best,  indeed  the  only  one 

possible  to  pursue  with  sucocss.     Tlio  (lovoinmont  itself  could  not  enter 
into  business  and  follow  details  oitlior  with  propriety  or  hope  of  protit, 

Therigh*  to  take  l()(),0(t()  seal  skins  aiiuu, illy  from  these  ishinds,  under 
certain   stipulated  restrictions,  is  leased  by  the 
Government  of  the  United  States  to  an  associa-    c.  A.  jCi7/(<(m»,^).  5(3. 
tion  of  American   citizens  known  as  the  Alaska 
Comi^iorcial  Company.    The  conii)any  jiays  a  rental  of  $55,000  ])er 
annum  and  $2.62J  per  skin,  a  total  of  $.'{17,500  ]»('r  annum,  for  this 
right.     They  are  also  obligated  to  a  certain  care  of  the  Aleuts  inhabit- 
ing the  islands  and  to  a  partial  provision  for  llioi'.  needs,  both  mental 
and  physical. 


CONDITION  OF  THE  NATIVES. 
UNDEK   THE   RUSSIAN   COMTANY. 

Pa<r«  111  of  The  Cjiso. 

The  general  methods  employed  under  American  rule  were  far  superior 
to  those  of  the  Kussians,  as  Avill  be  roadilv  uu-    ,.,,,„,„„  i.,.„„„,  „  « 
dorstood  from  the  following  tacts: 

When  I  first  visited  the  seal  islands  in  18<)8  the  natives  were  living 
in  seinisubterraneau  houses  built  of  turf  and  such  ]recos  of  driftwood 
and  whale  bones  as  they  were  able  to  secure  on  the  beach.  Their  food 
had  been  prior  to  that  time  insullicient  in  variety,  and  was  coini)rised 
of  seal  meat  and  a  few  other  articles,  furnished  in  meager  (luantity  by 
the  llussian  Fu^  Company.  They  had  no  fuel,  and  depended  for  heat 
111)011  the  crov  tling  togethei'  in  their  turf  houses,  sleeping  in  the  dried 
grasses  secured  u])on  the  islands.  Forced  to  live  under  thos*^  condi- 
tions they  could  not  of  course  make  progress  towards  civilization. 
There  were  no  facilities  for  transporting  the  skins.  Tliey  were  carried 
on  the  backs  of  the  natives,  entailing  great  kibor  and  hardship,  and  by 
reason  of  these  tedious  methods  the  taking  of  the  annual  catcli  was  ex- 
tended over  a  number  of  months,  being  a  continual  source  of  molesta 
tion  to  the  hauling  seals. 

Very  soon  after  the  islands  came  into  the  possession  of  the  Anieiican 
(iovernment  all  this  was  changed.  Tlieir  underground  earthen  Iniiges 
were  rei)laced  by  warm,  eoinl(iital>h>.  wooden  eotliigcs  for  each  family; 
liiel,  food,  and  cl«>thiiig  were  furnislied  tliem  at  i»ritt's  25  jht  cent  above 
the  wholesale  ])ri(e  of  San  h'lancisro;  eliurclu's  were  budt  and  srhool 
houses  maintained  for  their  benelit.  and  everything  done  that  would 
insure  their  constant  advaneemeiit  in  the  way  of  civ  iliz.iiioii  and  ma- 
terial progress.  Instead  ot  being  mere  creatures  of  the  Avliims  of  theii' 
riders  they  were  placed  upon  an  i>qiial  footing  with  white  men,  and  re- 
«  cived  by  law  a  stipulated  sum  for  each  skin  tiiken.  So  that  about 
$  tO,000  was  annually  dividid  among  tlie  inhabitiints  of  the  two  islands. 
In  place  of  the  skin  clad  natives  li\ing  in  turt  lodges  which  I  found  on 
:ii  riving  on  the  island  in  ISO',),  1  left  them  in  ISTT  as  well  %!,  as  well 
clothed,  and  as  well  housed  as  the  people  of  some  of  our  Xow  l^ngland 
villages.     They  liad  school  facilities,  and  on  Sunday  they  went  to  serv- 


214 


CONDITION    OF    THE    NATIVES. 


ice  in  tlieir  pretty  Greek  cliurch  with  its  tiistefully  iirraiiged  interior; 
tlicy  wore  tlie  clotliin^'  of  civilized  men  niid  liad  ])olisli  on  tlicir  Itoots. 
All  tliese  results  are  directly  traceable  to  the  seal  iislieries  and  their 
improved  nianajicnient. 

UNDKIl   AMEUIOAN   CONTKOL. — niPllOVKMENT. 

rnjics  112  and  113  of  The  Ciiso, 


1!'  ii 


During  the  six  years  I  wiis  on  the  ishiiids  the  condition  of  the  natives 
was  wonderfully  iin])roved.  AN'lien  1  came  there 
Satn' I  Falconer,  i>.lG2.  they  were  ])artially  dressi'd  in  skins,  living,  in 
iilthy,  unwholesome  turf  huts,  which  were  hciited 
by  tires  with  blubber  as  fuel;  they  were  ignorant  and  extremely  dirty. 
\Vhen  I  le!t  they  had  exchanged  theirskin  garments  for  well  made  warm 
wooh'ii  clothes;  they  lived  in  substiUitiiil  Iramc  houses  heated  by  coal 
sto\es;  they  had  become  cleanly,  aii<l  tin;  children  wcie  attending 
school  eight  months  in  the  year.  They  were  then  as  Avell  off  as  wcll- 
todo  workingmen  in  the  United  Rtates,  and  received  much  huger 
wiiges.  No  man  m;is  comiielled  to  work,  but  received  i)ay  through  his 
chief  for  the  work  ace  inplished  by  him.  A  luitixc  could  at  any  tinu' 
leave  the  islands,  b  .t  their  easy  life  ;ii)d  love  for  their  honu^  detidned 
them.  When  1  (iist  went  there  the  women  did  a  good  share  of  niaiuml 
labor,  but  when  1  came  away  all  the  hard  work  was  done  by  the  men. 
1  do  not  recall  a  single  instance  in  history  where  theie  has  been  such 
a  nnirked  change  for  the  better  by  any  peophi  in  such  a  short  time  as 
there  has  been  in  the  Ihibilof  Is'lniiders  siuce  the  United  States  Ciov- 
ernment  took  contrcd  of  these  islands. 


In  the  matter  of  tiie  ])reserv:ilion  of  the  fur  seals  these  inhabitants 
[of  the  Piibilof  Islands]  should  receive  some  con- 

E.n.McIni!ire,p.WJ.  sideratioii.  Their  ancestcu'S  Avere  carried  to  the 
Tribilof  groui)  more  than  a  century  ago,  and  the 
majority  of  the  present  generation  have  been  born  andbrel  where  tiiey 
now  live.  They  number  at  present  about  3o0  people,  who  know  no 
other  honu^,  ami  tew  of  wliom  have  ever  seen  any  other  land  than  the 
islamls  on  which  they  live,  'I'liey  are  a  simpleminded,  docih',  good- 
natured  ])eo])h>,  far  above  the  average  aboriginal  iidiabitant  of  the 
country  in  intelligence,  as  indetMl,  might  be  exp(M'ted  of  them  in  this 
generation,  from  the  1  «t  that  the  Aleutian  l)lood  in  their  veins  ia 
already  very  much  mixed  with  thut  of  a  bettcnjuaiity  from  liussian  and 
Anu'rican  stock.  Tery  few,  if  any,  thoroughbred  Aleuts  are  to  be  tbiind 
in  Alaska  at  tb<  ]»resent  day.  All  an^  devour  Christiiiiis  nnd  earnest 
beliexers  in  the  faith  •<!  The  (ttcco  B'^issian  Ohnrcli,  obseiviiig  all  its 
ouTward  forms,  and  pn«cticing,  ]»eih.-ji|»s.  as  many  of  the  virtues  it  imail- 
eai«*s  as  the  average  inlherent  of  orth<Mlo\  riiristianity. 

Ver\'  little  is  known  of  these  peitple  under  Ku^'^iau  regime  in  (he 
earlv  part  t»i' tliK  cenrury.  If  theu-  traditions  are  to  be  relied  upon 
they  irere  hardly  Uettw  off  at  this  riiu'  than  when  in  absolute  barbar- 
ism. Theif  rulers  wei'e  hard  ta>.ii!  -r.r-  nnd  wi  ;  •  liieniselves  but 
meageily  ^upnlied  with  such  artic  -  >  Mihi  have  mat<'rially  heljied 
the  uatives  if  i  iiey  eouhl  hav^  had  nh*-wi.  Tiw-y  labored  under  the  dis- 
a(iv.»,iitage  of  liA'ing  in  a  <  ''  1;..rren,  t-  ■■--- country  and  having  to 
dept-rad  tor  bnilding   luate;  .m   thn  >.        .  .ind  tiirown   upon  their 

~\\>    t'S  iimm  the  rivers  emptyrih^  iiuo  Benny  fcw^a.     It  was,  therefore 


UNDER    AMERICAN    CONTUOL. LMPHOVEMENT. 


215 


fl  interior; 
licir  boots. 
i  and  their 


the  natives 
I'iinu'  tlicre, 
,  liviiiji;  in 
ere  liciited 
ncly  (liity. 
made  warm 
ed  by  coal 

atteiidinir 
)lf  as  wclj- 
ucli  larger 
lironj^h  Ills 
t  any  time 
le  detained 
',  of  manual 
y  tlie  men. 

been  sucli 
oi't  time  as 
tates  (.iov- 


rdmbitaids 
some  con- 
ied  to  tlie 
(),  and  tlie 
vliere  tliey 
know  no 
d  tlian  tlie 
leih',  jiood- 
ant  ot  the 
em  in  this 
r  veins  is 
issiaii  and 
o  be  found 
id  enriiest 
iiifi  all  its 
L's  it  iiieul- 

me  III  f|i(! 
ed  upon 
te  barbar- 
;elves  but 
1]>  li(']|ied 
er  the  dis- 
haviiifj'  to 
ipoii  their 
therefore. 


iin])0ssit)le  for  tliem  to  maliomneli  projiress,  no  matter  Avliat  tlie  teaeh- 
iii;;'  or  the  exanmle  set  befon^  them  may  have  been  while  livinj;',  as 
they  were,  in  tli'ir  damj),  filthy  subterranean  houses;  and  more  imi)()s- 
sible  for  tliem  to  live  otherwise  than  underground  until  they  were  fur- 
nished with  fuel  and  building  material. 

These  were  never  suj)idied  by  the  Ihissians,  and  the  Americans  ac- 
cordingly found  tliem,  ui)on  the  cession  of  the  territory  to  the  United 
Btates,  living  in  miserable,  unliealthy  hovels  totally  unlit  for  human 
habitation.  The  supjiorts  for  the  thatched  roofs  and  turf  .sides  of  their 
houses  consisted  of  the  jiieces  of  driltwood  or  the. jaw  bones  of  whales; 
light  Avas  admitted  through  the  opaque  medium  of  raw  sea-lion  skins, 
stretched  and  shaved;  the  chimney  wis  a  hole  in  the  roof,  over  which 
a  skin  was  drawn  to  ictain  the  heat  after  the  tire  went  out;  their  fuel 
consisted  of  water  soaked  sidinters  of  driftwood,  upon  which  was 
burned  the  blubber  of  the  seal  or  whale,  emitting  the  nauseous  odors 
of  burning,  rancid,  ill  snu'lliiig  animal  fats.  The  snudvc  from  the  lire 
h'ft  its  greasy  deposits  u])on  everything  about  the  ])remises  and  emitted 
a  stench  endurableonly  by  a  sense  of  smell  h)ng  inured  to  it.  For  light 
in  the  long  winter  nights  they  had  only  a  small  burning  wick  sui)ported 
ni)on  the  surface  of  an  open  vessel  of  seal  oil.  Their  food  consisted 
almost  wholly  of  seal  meat,  with  rarely  a  meal  of  lish  or  Jowl,  otteu- 
times  eaten  raw  in  snmnier,  and  dried  or  partially  dried  and  stored  in 
tln^  inflated  stomachs  of  sea  lions  for  winter.  A  small  quantity  of  rye 
Avas  furnished  them,  but  their  facilities  tor  putting  it  in  edible  form 
were  of  the  most  primitive  kind,  and  to  this  was  adde<i  a  limited  quan- 
tity of  tea  and  sugar,  tobac(;o  and  nun.  Their  clothing  was  made  of 
v«;kins  or  of  such  coarse  cotton  or  woolen  cloths  as  were  imported  in 
very  limited  quantities  for  their  u.se. 

The  work  which  was  exacted  from  the  natives  under  Itussian  rule 
was  much  harder  than  has  since  been  ]mt  upon  them.  The  islands 
w<'re  provided  with  no  teams  of  any  description;  the  boi.ts  were  rude 
aflairs,  built  fiom  i>ieces  of  driftwood,  whalebone,  whale  sine,w,  and  sea- 
lion  skins;  the  storehouses,  workslio])s  and  tools  were  ill  con.structed 
and  inconvenient;  all  of  the  skins  of  the  thousands  of  seals  slaughtered 
each  year  were  trans]K)rted  on  tlu^  shoulders  of  the  laborers  from  the 
field  to  the  warehouses,  a  great  anumnt  of  labor  exjiended  on  ea(!h  skin 
in  cleaning  and  drying  it,  and  all  were  again  slnmldered  from  the  ware- 
houses to  the  boats  to  be  lightered  to  the  vessels.  Jn  all  this  work  men, 
■women,  and  children  participated,  and  each  received  the  small  stijiend 
(da  fewko])eks  ])ei'  day  or  jiei'  skin,  barely  sutlicient  to])ay  lor  the  tea, 
sugar,  coarse  clothing,  and  articdes  of  domesric  use  sujiplied  from  the 
Company's  store.  Yet  even  this  ])oor  subsistence  was  furnished  directly 
or  indirectly  from  the  seals,  excepting  a  few  edible  roots  and  wild  vege- 
tabl(»s  and  an  occasional  fish  or  fowl  at  certain  seasons  of  the  year. 
Tliere  is  absolutely  no  other  source  of  subsistence  at  the  seal  island. 

Since  the  occupation  of  the  territory  by  the  Americans  such  a  change 
has  taken  ]dace  in  the  condition  of  the  natives  as  occurs  in  the  transi- 
tion from  baibarism  to  (dvilization ;  and  siudi  a  (diange  as  has  brought 
a!)out  tliei  .  those  material  evidences  <d'  civilization  which  require  for 
their  supiiort  and  maintenance  a  constant  and  assur<'d  income.  The 
A  illages  as  viewed  from  the  exteiior  are  ijidicative  of  their  jiresent 
]>lane  of  living  and  are  such  as  may  be  seen  in  the  prosperous  mining 
and  manufacturing  sections  of  our  country,  com])rising  attractive 
cliundies,  well  designed  sidiool  houses,  commodiotis  storehouses,  and 
comfortable  dwellings,  all  built  in  regular  order  and  ijuinted  white. 


21G 


CONDITION    OF    TIIK    NATIVES. 


■!:"f 


Diu'iiif?  tlie  i)avSt  twenty  years  the  inliabitaiits  liavp  been  eonstantly 
supplied  willi  and  beeome  accustdnied  fo  tlie  nse  oC  tlie  same  kind  and 
quality  of  moral  traininji',  mental  teacliinj;',  elotliing,  iood,  and  medi- 
cines as  are  sn]»i)lied  to  and  habitually  used  by  our  most  ])r()S|)erous 
communities.  If  tlicy  must  surrender  these  things  it  means  lor  them 
a  relapse  into  barbarism;  and  the  destruetion  of  the  seal  fisheries  en- 
forees  the  surrender.  They  have  no  other  simree  of  income  and  know 
no  other  business  than  that  of  seal  ti shin s".  The  ineome  of  the  two 
seal-island  communities,  includin«>'  only  natives,  has  averaiL;ed,  from 
!18(»8  to  18.S9,  inclusive,  more  than  $40,(MM)  per  annum  in  casls,  and,  in 
addition,  they  have  been  furnished  {gratuitously  with  the  houses  they 
occupy,  nearly  enough  fuel  to  heat  them,  medicines  and  jnedi(!al  attend- 
ance, school -houses,  school  books,  and  teachers.  Their  unual  and 
mental  improvement  have  very  nearly  ke])t  pace  with  the  material 
comfort  with  which  tliey  have  been  surrounded.  The  children  have, 
learned  to  read,  write,  and  speak  English,  and  in  j^eneral  intcllij;ence 
and  hotisehold  economy  all  have  made  remarkable  ]»rogress. 

Is  it  true  that  people  situated  as  these  natives  are  accpiire  no  vested 
right  in  the  i)ro])erty  whereon  they  have  inunemorially  gained  their 
livelihood,  which  the  Chri>tian  nations  of  the  earth  ought  to  respect? 
If  it  is  true,  then  the  precepts  of  Christianity  bear  still  another  aiul 
new  interpretation. 

During  my  residence  on  the  islands  the  native  inhabitants  were  pros- 
])erous  and  contented.    The  prolits  resulting  from 

John  M.  Morton, p.  10.  thelaborofkillingtliesealsandsaltingandshipi)ing 
the  skins  were  not  only  anii)le  to  supi)ly  them  with 
the  needs  of  life,  but  with  many  of  its  luxuries.  Those  who  were  care- 
ful and  provident  in  the  matter  of  their  earnings  Avere  enabled  to  and 
did  de])osit  some  portion  eacdi  year  of  the  same  with  the  Alaska  Com- 
mercial Company  or  in  the  banks  of  San  Francisco. 

The  company  furnislu'd  to  each  native  family,  without  charge,  a  com- 
fortable frame  dwelling,  employed  a])hysician  on  each  island,  and  sup- 
])lied  medicines  and  medical  attendance  gratuit<msly.  Jt  may  be  said, 
l>erliaps,  that  it  was  i>lainly  in  tin;  interestof  the  com])any  to  faithfully 
carry  out  all  of  its  obligations  designated  or  implied  by  the  terms  of 
its  lease.  Such  was  undoubtedly  the  fact,  but,  in  justice  to  the  lessees 
it  should  be  stated  that  they  always  interpreted  their  contracts  in  a 
most  liberal  spiiit,  and  in  many  ways  exceeded  their  obligations  as  far 
as  their  treatment  of  the  native  peo]>le  was  concerned. 

They  i)ay  to  these  Aleuts  40  cents  per  skin  or  $40,000  per  annum 
for  their  services  in  taking  the  skins.  They  have  also  built  tor  them  a 
church  and  school-Louse,  and  maintain  teachers  and  i)hysicians  on  the 
islands. 

At  the  time  of  the  cession  of  Alaska  to  the  United  States  these 
]ieoi)le  were'living  in  huts,  or  more  properly  holes 
C.  A.  iViUiams,  j).  54:5.  in  the  ground,  and  had  no  ambitions  or  as])ira- 
tions  beyond  sup])orting  tlieir  daily  existence  in  a 
painful  and  labori(ms  Avay.     Kow  they  are  liAing  in  frame  houses  i)ro- 
vided  for  them  by  the  company,  and  have  accumulated  savings,  in- 
vested in  United  States  bonds  in  San  Fraticisco,  amounting  on  August 
1,  1S87,  to  $!)4.1L'S.28.     It  is  safe  to  say  that  no  laboring  men  within 
tlie  boundaries  of  the  United  States  are  better  i)aid  or  better  cared  for. 


, 


■Ym 


'OTiKtniitly 
'  kind  and 
iiid  nu'di- 
losporoiis 
■<  lor  tlieni 
luiiics  (>ii- 
md  know 
'  flui  two 
,H('d,  from 
li,  and,  in 
tiscs  tli«\v 
al  atteiid- 
loral  and 
material 
Iren  have 
telli<4ence 

no  vested 

lied  tlieir 

respect? 

Jtlier  aud 


rere  pros- 
tinjf  from 
lsliipi)ing 
liem  witii 
rere  eare- 
d  to  and 
ka  Com- 

e,  a  com- 
uid  siip- 
bo  said, 
litli  fully 
terms  of 
e  lessees 
lets  in  a 
us  as  far 

annum 

tbein  a 

s  on  tbe 


s  lb  esc 
ly  lioles 

as])ira- 
nce  in  a 
«'s  ])ro- 
Mjjs,  in- 
Au.iiust 

witbin 
red  for. 


^m 


THE    SEALS. 


THE  SEALS. 


217 


CONTIfOL    AND   l)():\Ii:s  ^U^\TION. 
I'iij^c  1  IT  of  Tlie  Case. 

Tbe  work  (^»f  berdin.u'  and  mana,ninji'  seals  does  not  differ  materially 
from  tbat  pursued  witii    tlie    stock-larni    aniujals 
witii  wliieb  wa  are  most  familiar.     Tin;  herdsman      "  •  ^'  '^"'*'  ■''•  "'**• 
has  cbietly  to  learn  their  (juick  motions  and  pro- 
pensity to  bit<!  in  order  to  handle  lliem  at  will. 

1  tri<Ml  to  tbortMij-bly  train  tli(^  younji'  seals,  bo])inj;  to  nmkc  valuable 
pets  of  them,  and  surect'drd  as  far  as  the  tamin<;'  went,  but  could  m)t 
j.;('t  them  to  thrive  on  cow's  milk  (»r  tbe  c(»Mdensed  milk  of  c(»mmer('e, 
administered  Ironi  a  nursin<;l)ottle.  They  became,  however,  v<'ry  tanu;, 
sl()p])ed  trying  to  bite  unle,';s  they  Aveie  made  anj;ry  by  rou;;b  usage, 
and  followed  me  about  like  ])ups  of  the  canine  species.  When  they  are 
older  and  before  t1i(\v  leave  the  island  in  the  fall  they  nniy  stdl  bo 
bandied  with  impunity,  and  their  habits  are  such  of  massing  and  herd- 
ing  by  themselves  apart  from  tbe  older  seals  that  all  could  be  easily 
'M(mnded  up"  from  the  beaches  in  favorable  weather,  and  "corralled  " 
and  marked.  It  would  be  perfectly  feasible  to  drive  them  into  and 
keep  them  in  suidi  a  corral  or  inclosure  as  would  be  constructed  for 
calves  or  lambs,  surrounded  by  a  fence  3  or  t  feet  hijib,  and  while  there  to 
catch  each  one  and  brand  him.  This  has  already  been  successfully 
done  on  a  small  scale  by  naturalists  who  wanted  to  identify  certain 
ones  for  a  future  ]>nrpose. 

This  is  not  meie  theory  with  me,  for  I  was  bred  to  tbe  nianajDjemeut 
antl  handling"  of  younj>'  domestic  animals,  and  have  bandied  tbe  young 
stills,  and  have  seen  them  handled  by  tbe  mitives  in  tbe  same  way. 

They  grow  very  tame  when  reared  near  where  people  are  passing 
and  repassing,  and  none  of  them   areas  wild  or 
sliow  as  mu(!li  fear  as  sheej)  ordinarily  do  when      Jno.  Armatrong,  p. '2. 
a[)proached  hy  man. 

Kobben  Island  is  very  small,  being  1,000  feet  long  by  175  feet  wide, 
and   in   places   40   feet   high.     Of  necessity   the 
(juaiters  of  tbe  seal  iiunters  and  guards,  as  well     •/"<>•  0.  lihiii; p,  194. 
as  the  killing  grounds,  are  very  near  tlie  rook- 
eries, being  not  moie  than  75  feet  distant  from  them,  yet  the  seals  ap- 
]tear  to  takt^  no  alarm  fiom  the  close  proximity  of  the  men,  paying  very 
little  attention  to  persons  passing  and  lepassing  a  short  distance  from 
them.     If  none  of  them  were  killed,  oi-  if  the  killing  were  jnoperly  re- 
stricted to  tbe  males,  1  think  they  AV(mld  increase  very  rapidly  and  be 
as  closely  subject  to  control  as  the  cattle  upon  the  great  open  pastures 
of  the  IkOcky  IMountain    regions.     There   Avould  be  little  trouble  in 
catching  all  the  young  seals  and  branding  or  marking  them. 

As  proving  tbat  tbe  sesils  return  to  the  islands,  I  put  a  canvas  col- 
lar upon  a  pup  in  1880,  and  ]w  (jame  back  to  the  same  rookery  in  tbe 
following  year  still  wearing  tbe  collar. 

if  they  are  managed  right  they  may  be  driven  like  sheej)  along  tbe 
beaches.     They  do  not  run  fast  on  shore,  unless 
alarmed,  when  they  give  a  man  a  good  race  to      Wm.  Brennan,  p.  dUd. 
catch  them. 


218 


THE    SEALS. 


1 

m 


liiii^' 


1  was  reared  on  a  fai'iii,  and  liav**  Ikhmi  familiar  from  Itoyhood  with 
flw   hrccdiii;;  of  domestic  animals,  and  naitieii- 

ir.  iV.  (l(irlc,p.  15!).       larly  with  the  leafinu'  and  nmimm'ement  of  youhi,' 

animals;  hence  a  (MMnparison  of  tlie  yonn^i;'  seals 

with  the  yomij;  of  our  common  domestic  species  is  most  natiual.     Fronj 

my  expc'iience  with  both  I  am  abhs   to   declare  positively  that  it  is 

easier  to  inanafjfe  and  handle  younj4'  seals  than  (halves  or  lambs. 

Ijai'ti'e  numbers  of  the  former  are  i;nstomarily  driven  iij)  in  the  fall 
l)y  tlie  initives,  to  kill  a  (u-rtain  number  for  Ibod,  and  all  <m)u1(1  be 
''rounded  up"  as  the  ])rairie  cattle  are,  if  there  was  any  need  for  doinji; 
so.  All  the  luTd  so  driven  are  lifted  up  one  by  one  and  examined 
as  to  sex,  and  while  in  this  position  each  (tould  b(!  branded  or  nuirked 
if  iuM'(!ssary. 

If  the  seal  rookeries  were  my  piu'soual  jjroporty  I  should  rejjard  the 
.ask  of  brandinj^  all  the  younjij  as  no  more  diflicult  or  onerous  than  the 
braiulinfj  of  all  my  calves  if  I  were  enyayed  in  breedinjj  cattle  upon 
the  i»rairies. 

The  same  foree  that  has  lieretofore  been  en^M,ued  on  the  Piibilof  Is- 
lands in  killinj;  seals  in  the  sumnnu"  (!ould  easily  drive  up  and  brand.in 
a  few  days  in  the  fall  months,  all  the  "pup"  seals  born  on  the  ishinds. 

During  this  first  summer  of  their  existence,  after  the  breeding  grounds 
have  been  broken   up,  it  is  i)ossible  to  take  pos- 

Saml.  Falconer,  p.  1C5.  session  of  every  ]mp  ou  the  islands  and  nuirk 
them  so  they  could  be  recognized  in  the  future. 

The  manner  in  which  the  seals  were  driven  and  killed  seemed  to  me 
to  be  as  good  as  could  be  adopted,  ami  Just  such 

II.  V.  Fhivher,p.  105.  as  any  one  would  adopt  who  was  accustomed  to 
the  manaxi'nient  of  farm  animals.  1  was  sur- 
prised to  see  how  closely  in  nearly  every  respect  the  seal  herds  resem- 
l)le  droves  of  our  domestic  aninuils.  Almost  anything  is  done  with 
them  that  we  habitually  do  with  our  flocks  and  luuds  in  farm  life,  ex- 
cept to  feed  them.  They  are  started  up  from  the  beaches,  collected  in 
convenient  sized  droves,  and  driven  by  a  very  few  men  to  the  proper 
killing  grounds,  exactly  as  1  would  handle  a  Hock  of  sheep;  and,  unless 
the  weatli.er  was  very  hot  and  dry,  seenu'd  to  nu;  to  sutler  no  more  nor 
stand  any  greater  risk  of  injury  from  driving  than  sheep  would  and  do 
under  similar  circumstances.  When  they  arrive  at  the  killing  groumls 
they  can  be  ke])t  in  a  yard  oi-  corral  surrouiuhMl  by  an  ordinary  cattle 
fence;  but,  without  tlie  trouble  even  of  buiUling  a  fence,  with  a  single 
keeper  to  watch  them  and  a  few  pieces  of  board  set  up  around  them 
on  which  some  strips  of  sacking  or  old  garments  are  hung,  several 
tlumsand  are  herded  and  kept  for  hours,  until  the  time,  perhaps  on  the 
following  day,  for  their  slaughter.  They  grow  very  tame  and  tractable 
by  rei)eated  driving,  and  even  the  old  bulls  lose  their  fierceness  and 
seldom  turn  upon  their  lierders,  ])articulaily  when  brought  in  from  the 
rookeries  near  the  villages,  where  they  become  most  familiar  with  man. 

They  seem  never  to  be  atdicted  with  any  disease.  The  \m\)s  are 
always  healthy,  fat,  and  ha]>])y;  the  malt^s  too  young  for  slaughter  play 
about  on  the  rookeiies  during  the  killing  season  and  between  the  in- 
tervals of  driving  to  the  killing  ground,  galloping  up  and  down  the 
slojies  or  wrestling  in  good  natured  contest,  as  the  young  of  other  ani- 
mals do  when  undisturbed,  showin;:'  no  signs  of  lear  or  timidity.  The 
still  younger  seals,  daring  their  first  \\i\v  weeks,  have  so  little  fear  of  man 
that  they  may  be  picked  up  at  any  timi'  more  readily  than  young  lambs; 


coNTitoL  AM)  i)().Mr,Ji,ru;Ari()X. 


211) 


r'liood  witli 
i<l  ])iirticu- 
t  of  yoiiiitj 
omi;^'  seals 
I'iil.     Fi'oiu 

tliat  it  is 
il»s. 
ill  tlio  fall 

conhl   Im 
1  for  (loiiij; 

oxainiiicd 
[)i'  marked 

ii<j;ard  the 
s  than  the 
It  tie  ui)ou 

rihilof  Ts- 

braiid.iii 

le  islands. 

?  HToiiiida 
take  pos- 
nd  mark 
future, 

led  to  me 
just  sucli 
tonied  to 
Avas  siir- 
Is  resem- 
one  with 
I  life,  ex- 
ected  iu 

proper 

,  unless 

more  nor 

and  do 
grounds 
y  cattle 
a  single 
id  them 
several 
s  on  the 
liKitable 
u'ss  and 
rom  the 
th  man. 
)uj)s  are 
ter  [)lay 
I  the  iu- 
:>wn  the 
her  ani- 
y.    The 
■of  man 
lambs; 


and  when  a  little  older,  nller  they  have  leaiiied  to  swim,  they  come  by 
thousands  iipnn  lli.'  Ix-aelies  close  to  tin',  village  and  may  be  driven  up 
en  u)asse  and  taUen  to  a  corral  and  inipoundeil,  or  simply  herded  by  a 
watt'luimn  and  kept  togethei-  for  an  indehnite  lengtii  of  time.  When 
so  herded  liiey  may  l)e  ie;idily  taken  up  one  by  one  and  marked  by 
Hcnne  mutilation,  such  as  the  (tutting  olf  an  ear,  as  has  been  practiced 
on  one  or  two  occasions,  \  ;im  told,  lor  the  i)urpose  of  identifying  them 
afterwards,  or  by  biauding  tliem.  l"'rom  my  e.\perien(!e  with  both 
seals  and  cattle,  I  should  as  soon  undertake  to  brand  a  lot  of  young 
seals  as  so  many  calves;  and  I  believe  l)y  attemi)ting  it  at  the  propei- 
season,  aft<'r  tlie  old  s(mIs  have  mostiy  left  the  islaml,  and  the  young 
ixvc  "podding''  by  tliemselves.  there  wouM  l)e  no  dilliculty  in  ''roinul- 
ing  up"  simultaneously  nearly  all  the  you:ig  l)orn  in  a  .single  season 
and  marking  them  for  complete  future  identilication. 

Tlieir  liabits  of  l)rceiling  are  so  nearly  like  those  of  do?m'stic  animals 
that  one  having  tiiem  in  control  needs  only  to  follow  his  experience  as 
a  shcplierd  or  ''cattlem;in"  to  (tause  tliem  to  becomi^  nntst  prolific.  Ho 
must  keep  all  the  femnles  and  kill  oil',  as  far  as  pnssii)le,  all  tint  surplu.s 
males  above  the  number  ab>;olutcly  rcipiired  tor  breeding  |uiiposes.  I 
think  these  retpiireinents  were  very  exactly  fuKilled  by  the  late  lessees 
of  the  seal  fisheries  during  the  time  of  my  employment  by  them;  and 
they  aie  certiiinly  able  to  poiiiV  to  the  I'act,  unless  I  am  grossly  misin- 
fbrme<l,  that  from  1870,  wlu'U  they  lirst  took  hold  of  the  business,  up 
to  the  end  of  my  service  for  them  in  LSSi,  the  system  i)ursued  by  them 
was  as  ])erfect  as  it  could  be  and  resulted  in  a  steady  increase  (,f  the 
.seals.  They  failed  only  in  omitting  to  take  proi)ei'  measures  by  brand- 
ing or  mutilation,  as  [  have  jxtinted  out,  to  identify  their  i)roperty 
while  pasturing  in  the  oi'caii.  The  owner  of  a  seal-skin  with  an  inef- 
faceable brand  on  it  wouM,  even  in  a  foreign  country,  1  imagine,  have 
some  sort  of  ])r()perty  riglit  which  international  law  would  recogni/e; 
and  of  his  ability  to  mark  nearly  every  skin  with  such  a  brand  upon 
the  live  young  animal  1  have  not  the  slightest  doubt. 

If  the  seal  were  let  alone  in  the  water  we  could  manage  them  .so  as  to 
again  build  up  the  rookeries.     We  are  so  fanuliar 
with  their  habits  and  th(\v  are  so  ac(;nstomed  to    Juhn  Fraiis,  p.  109. 
lis  that  there  is  no  ditlicully  in  managing  them  so 

as  to  make  them  increase.  They  are  easy  to  handle,  the  little  i>ni)s  are 
not  sliy  of  us,  and  even  when  they  are  older  in  the  fall  they  can  be 
handled  much  easier  tiian  sheep.  1  ('an  manage  seals  better  than  1  can 
some  of  the  sheep  brought  on  the  islands  and  which  1  have  been  sent 
to  catch. 

Through  all  this  slaughter,  involving  the  (Living  and  redriving,  year 
after  year,  of  the  same  seals,  they  did  not  become 
more  timid  when  on  land;  but,  on  the  contrary,    //.  ri.  Mclnii/ir,  p.  52. 
those  resorting  to  the  grounds  most  freiiuently 

disturbed  were  mon*  tractable  and  easier  driven  ami  killed  than  the 
oiu's  tVom  remote  ])oints,  as  at  Polavina  or  West  I'oint,  on  St.  Paul,  or 
Zapadnie  at  .St.  (ieorge.  The  "killing  gang"  fre(|uently  spoken  of,  and 
I  myself,  observed  the  harder  work  in  handling  and  subdividing  the 
drove  from  the  more  distant  i)laces.  hecause  of  the  more  savage,  in- 
tra(!table  character  of  the.  bulls. 

I  believe  the  seals  to  be  susceptible  of  a  high  degree  of  doniestica- 
tion.  If  their  strong  i)roprnsity  to  bite  whatever  comes  within  offen- 
sive proximity,  whether  it  be  seal  cub  or  a  hunter's  limb,  could  bo 
cured,  they  could  be  as  easily  managed  its  a  iliick  of  sheep.    Each  one 


'>/*;^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 

Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  873-4503 


1 


I/. 


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w 


220 


THE   SEALS. 


of  the  young  pups  driven  for  the  customary  food  supply  before  their 
first  migration  is  picked  up  by  the  hind  flipi)ers  to  determine  the  sex, 
females  even  at  this  age  being  spared,  and  when  thus  in  the  hands  of 
the  hunters  could  be  as  readily  marked  or  branded  as  any  thoroughly 
domesticated  animal.  In  fact,  a  large  number  were  thus  marked  iu 
1872,  by  Special  Treasury  Agent  Charles  Bryant,  by  clipping  the  ear 
as  a  means  of  further  identification.  Every  seal  ui>on  the  islands  has 
in  this  waj'  been,  or  might  have  been,  if  we  had  so  elected,  within  our 
very  grasp,  to  kill  or  not  to  kill,  to  brand  or  not  to  brand,  as  we  thought 
best,  its  skin  having  at  the  same  time  commercial  value.  I  conceive 
that  no  further  act  of  domestication  is  required  to  constitute  under 
common  law  complete  and  absolute  ownership,  coupled,  of  course,  with 
the  right  of  protection  of  the  property  wherever  found. 

In  respect  to  the  propagation  and  perpetuation  of  the  species,  they 
are  as  controllable  and  amenable  to  good  manage- 
H.  H.  Melntyre,p.  58.  ment  upon  the  islands  as  sheep  or  cattle;  yet  the 
fact  should  not  be  lost  sight  of  that  both  breeders 
and  nonbreeders  are,  in  the  course  of  every  season,  completely  in  the 
power  of  the  occupants  of  the  islaiuls,  and  the  entire  herd  may  be 
slaughtered  to  the  immediate  advantage  of  their  possessors,  if,  by  rea- 
son of  international  complications  or  any  other  cause,  it  is  found  desir- 
able to  exterminate  them. 


I 
I 


I 


(If  I 


It  was  the  custom  each  year  just  prior  to  the  nn'gration  of  the  young 
seals  to  take  a  certain  nuniber,  under  supervision 

H.  W.  Molntyre,  p.  136.  ot  the  United  States  Treasury  agent,  for  food  of 
tl«e  natives  during  the  winter,  and  as  females  were 
in  no  case  kill«^d  a  selection  of  male  "p^ip**"  had  to  be  made.  This  was 
done  rapidly  by  catching  each  "]mp"  by  the  fiipjjer,  and  upon  releasing 
the  animal,  after  examination,  to  send  it  with  the  males  tor  slaughter 
or  with  the  females  for  return  to  the  sea.  On  such  and  on  other  occa- 
sions, seals  were  often  marked  or  were  noted  as  being  marked  by  scars 
from  fighting  among  the  males;  such  marks  were  used  to  obtain  data 
relative  to  their  return  to  the  island,  and  during  the  Latter  portion  of 
my  stay  on  St.  Paul  Island  such  m.arked  animals  were  seen  and  identi- 
fied in  the  herd  or  on  breeding  grounds. 

These  cases  were  suflieiently  numerous  to  warrant  my  present  belief 
that  if  such  marking  had  been  constantly  practiced  extensively,  as 
might  easily  have  been  done  precisely  as  in  case  of  a  band  of  cattle  on 
the  plains  with  all  the  young,  it  would  have  established  their  identity 
and  completely  shown  that  the  seals  do  not  find  a  home  at  any  place 
other  than  that  of  their  birth. 

It  is  usually  supposed  that  seals  are  like  wild  animals.    This  is  not 

so.    They  are  used  to  the  natives  and  will  not  run 

A.  Melovedoff,  p.  145.   far  from  them.    The  little  pups  will  come  to  tliem, 

and  even  in  the  fall  when  they  are  older  we  can 

take  them  up  in  our  hands  and  see  whether  they  are  males  or  females. 

We  can  drive  the  seals  about  in  little  or  large  bauds  just  as  we  want 

them  to  go,  and  they  are  easy  to  manage. 

I  do  not  think  it  is  any  more  trouble  to  manage  the  seal  herd  than  it 

is  to  manage  some  of  the  herds  of  cattle  I  have  seen 

S.  Melovidov,  p.  147.    in  California,  and  of  the  two  the  seals  seem  to  me 

tamer  and  less  afraid  of  the  natives,  to  whom  they 

are  accustomed. 


Bfore  their 
lie  tbe  sex, 
e  hands  of 
thoroughly 
marked  iu 
\g  the  ear 
Hlaiids  lias 
within  our 
ve  thought 
I  conceive 
tute  under 
mrse,  with 

ecies,  they 
)d  manage- 
le;  yet  the 
h  breeders 
tely  in  the 
rd  insiy  be 
if,  by  rea- 
lund  desir- 


the  young 

uper  vision 

for  food  of 

males  were 

This  was 

releasing 

slaughter 

•ther  occa- 

d  by  scars 

)taiu  data 

portion  of 

nd  identi- 

jent  belief 

sively,  as 

cattle  on 

identity 

any  place 


his  is  not 
11  not  run 
e  to  them, 
r  we  can 
'  females. 
Ave  want 


'd  than  it 
liave  seen 
em  to  mo 
horn  they 


CONTROL   AND   DOMESTICATION. 


221 


We  could  now,  as  we  always  did  in  the  past,  handle  the  young  i»ups 
in  the  fall. 

I  believe  the  American  Government  t^  be  justified  in  assuming  and 
maintaining  the  absolute  proprietorship  of  the 
American  seals.  They  may,  I  think,  in  the  broad  J-  M.  Motion,  p.  69. 
sense  of  the  word,  be  regarded  as  domestic  ani- 
mals. They  certainly  possess  qualities  of  a  domestic  nature  which  are 
susceptible  of  a  high  degree  of  devehipnieut.  During  the  tirst  two  or 
three  mouths  of  their  lives  they  are  as  gentle  and  docile  as  most  domes- 
tic animals.  They  may  be  handled  and  petted,  will  accept  food  at  one's 
hands,  can  be  taught  to  follow  one  from  place  to  i)lace,  and  in  various 
ways  are  amenable  to  intelligent  guidance  and  training.  Even  at  ma- 
ture age  they  are  subject  to  as  much  control  as  are  sheep  or  cattle. 
They  may  be  driven  here  and  there  at  will;  may  be  separated  and 
driven  together  again ;  divided  into  groups  or  "  pods,"  great  or  small, 
or  be  herded  by  thousands  with  less  efifort  and  trouble  than  bands  of 
cattle  are  herded  on  the  plains.  They  are  far  from  possessing  tliat  ex- 
cessive timidity  which  has  been  pojmlarly  attributi'd  to  them.  They 
soon  grow  accustomed  to  the  sight  of  man,  and  in  the  abseiu'e  of  offen- 
sive demonstration  on  his  part  quickly  learn  to  regard  his  proximity 
with  indifference.  At  no  time  can  they  be  called  aggressive  animals, 
but  if  suddenly  attacked  and  their  escape  shut  off,  they  will  snap  and 
bite  viciously.  The  rookery  bull  will  defend  his  harem  valiantly,  and 
nothing  less  than  superior  physical  tbrce  on  the  part  of  his  adversary 
can  dispossess  him.  To  test  his  courage  iu  this  respect  I  have  occa- 
sionally attacked  him  with  clubs  and  stones,  and,  though  his  family 
were  driven  off  or  deserted  him,  he  still  held  his  ground  and  success- 
fully resisted  my  utmost  efforts  to  expel  him  from  the  rookery. 

The  career  of  the  fur-seal  herd  on  these  shores  is  not  unlike  that  of 
any  domesticated  animal — it  is  simply  a  stock- 
breeding  question.  ^'  "^^  ■^"•V*''' P-  ^^• 

Areas  upon  which  it  is  agreeable  for  the  females  to  breed  are  care- 
fully reserved  and  set  aside  for  that  purpose. 

Each  year  a  suflBcient  number  of  breeding  bulls  .are  reserved  for 
service  on  the  rookeries.  The  utmost  care  is  taken  that  the  future  of 
the  herd  is  not  jeopardized  by  the  injury  or  death  of  a  female. 

So  accustomed  have  the  seals  become  to  the  presence  of  the  natives 
that  the  timidity  and  shyness  manifested  in  the  oc^eau  is  not  shown  on 
the  islands.  In  their  infancy  the  pups  will  approach  a  native  without 
fear,  and  later  on  they  are  readily  handled  and  the  sexes  separated, 
should  it  be  necessary  to  make  a  killing  of  pups  for  food,  in  the 
handling,  management,  and  enlargement  of  the  seal  herd  there  is  as 
much  amenability  to  domestication  as  there  is  in  a  band  of  range  cattle. 

It  has  been  Staid  that  man  can  do  nothing  to  facilitate  the  propaga- 
tion of  the  fur-seal.    My  experience  does  not  sup- 
port this.    The  reservation  of  females  and  the     j.  c.  liedpaih,  p.  152. 
killing  of  the  surplus  males,  so  that  each  bull  can 
have  a  reasonable  number  of  cows,  is  more  advantage  to  the  growth  of 
the  rookeries  than  when  in  a  state  of  nature  bulls  killed  each  other  iu 
their  efforts  to  secure  a  single  cow. 

The  same  care  can  be  and  is  exercised  in  the  handling  and  manage- 
ment of  the  seal  herd  as  is  bestowed  by  a  ranchman  upon  his  bands  of 
raugiug  stock,  and  is  productive  of  like  results.    The  seals  have  be- 


222 


THE    SEALS. 


come  so  accustomed  to  the  natives  that  the  presence  of  the  Intter  does 
not  disturb  them.  The  pups  are  easily  handled  by  the  natives,  and 
formerly,  when  use«l  as  an  arti(!le  of  food,  thousands  of  pups  were  actu- 
ally i)ieked  up  and  exaiiiined,  in  accordance  with  (Joverninent  require- 
ment, to  avoid  the  killing;  of  a  female.  So  easily  are  the  seals  con- 
trolled that,  when  a  drive  of  "bachehjis"  is  made  to  the  killing 
grounds,  a  guard  of  tw(>  or  three  small  boys  is  suflicient  to  keep  them 
from  straying,  and  from  the  general  band  any  number  from  one  up- 
wards can  be  rea«lily  cut  out.  It  is  possible  in  the  future,  as  it  has 
been  in  the  past,  to  reserve  unmolested  suitable  areas  to  serve  as  breed- 
ing grounds;  to  set  aside  each  year  a  proper  number  of  young  males 
for  future  service  upon  the  rookeries,  and  by  the  application  of  the  or- 
dinary stock-breeding  priucii)les  not  only  to  perpetuate  but  to  rapidly 
increase  the  seal  herd. 


is,,    \ 


I  think  he  [EI.  W,  Elliott,  in  his  "Report  on  the  Seal  Islands  of 
Ahtska"]  might,  however,  have  ma<le  his  d(!scrip- 

Geo.H.  Temple,  p.  153.  tion  of  the  animals  and  the  manner  of  obtaining 

their    skins  for  market  more   intelligible  to  the 

orJinary  reader  by  following  more  closely  the  anaU)gy  bet\\een  the 

seals  and  farm  animals,  whi(;h  invarialdy  strikes  the  observer  who  is 

familiar  with  the  rearing,  handling,  and  slaughtering  of  both. 

A  farmer  on  going  to  the  seal  islands  at  once  notices,  as  I  did,  that 
the  term  "seal  lumting,"  so  called,  conveys  no  i<lea  of  the  business  of 
taking  seals  for  their  skins  as  it  is  there  carried  on.  It  is  in  no  sense 
"  hunting,"  the  work  c  bringing  in  for  slaughter  from  their  accustomed 
haunts,  and  slaying  su<!h  numbers  of  killable  seals  from  day  to  day 
as  will  serve  as  a  day's  work  for  those  engaged  in  the  killing  being  in 
no  way  different  from  that  jmrsued  by  the  farmer  in  driving  uji  his  farm 
herd  and  selecting  and  killing  such  as  he  sees  lit;  the  only  difference 
being  that,  in  the  case  of  the  seals,  the  pasture  in  which  they  feed  is 
the  broad  ocean,  out  of  which  the  seal  farmer  can  not  drive  them.  He 
must  wait  until  they  come  on  sliore;  but  he  can  count  with  absolute 
certainty  on  their  coming  within  his  reach  in  due  time,  provided  only 
their  natural  enemies  oppose  them  and  they  are  spared  while  at  sea  by 
their  human  enemies,  who  may,  with  perfect  propriety,  be  termed  "sjal 
hunters." 

The  analogy  can  be  further  profitably  followed  by  comparing  the 
system  usually  pursued  in  breeding  domestic  animals  with  the  methods 
adopted  by  the  late  lessees  of  the  seal  lisheries  in  preserving  all  the 
female  seals,  and  enough  males  for  breeders,  and  also  in  their  manner 
of  driving,  yarding,  herding,  sele(!ting  for  slaughter  and  for  breeding, 
handling  the  young,  ami  generally  in  the  management  of  the  herd; 
the  exception  in  this  respect  being  found  chietly  in  the  fact  that  the 
seals,  after  they  are  a  few  months  old,  cati  not  be  manipulated  with  the 
hands,  because  of  their  projiensity  to  bite,  but  must  always  be  kept  at 
arm's  length  by  the  herdman's  sesil  club,  in  the  use  of  which  he  becomes 
so  expert  that,  without  striking  the  seal  or  in  any  way  injuring  him,  he 
protects  himself  most  thoroughly  against  the  snapping  jaws  and  sharp 
teeth  by  which  he  is  confronted. 

Before  the  young  seal  leaves  the  island  for  the  first  time,  in  the  year 
of  his  birth,  he  is  less  vicious,  or  less  expert  in  the  use  of  his  teeth,  and 
may  be  picked  up  by  the  flipjH'rs,  or,  if  necessary,  marked  or  branded; 
and  at  the  proi)er  season  of  tlie  year  I  think  80  or  90  per  cent  of  all  the 
young  could  be  brought  up  from  the  beaches  and  so  dealt  with. 


Intter  does 
itives,  and 
were  Jietu- 
II t  recjuire- 

1h'  killini; 
koep  tliom 
m  Olio  np- 
',  as  it  has 
e  as  breed- 
Ill  I  ^  males 
I  of  the  or- 
to  rapidly 


Islands  of 
lis  descrip- 
■  obtaining 
ible  to  the 
^tween  the 
ver  who  ia 
li. 

I  did,  that 
jiisinoss  of 
in  no  sense 
utc'ustoined 
day  to  day 
}>•  i)ein<j  iu 
iij)  his  farm 

dirterence 
ley  feed  is 
them.    He 

h  absolute 
[vided  only 
e  at  sea  by 

nied  "sial 

pa  rill  jj  the 
methods 
iny  all  the 
»ir  manner 
breedinj?, 
the  herd; 
it  that  the 
[d  with  the 
Ibe  kept  at 
\e  b(H;()ines 
ng-  him,  he 
land  sharp 

In  the  year 
(teeth,  and 

branded ; 

of  all  the 
Ith. 


CONTROL    AND    DOMESTICATION. 


223 


I  make  these  statements  because  I  have  hoard  it  said  that  the  seals 
are  wild  animals  and  can  not  be  identified  as  belonginji;  to  any  partic- 
ular herd  or  rookery  when  off"  on  the  feeding  grounds  where  they  are 
captured  by  the  marine  seal  hunters. 

Every  member  of  the  entire  sea  herd  of  the  island  (except  the  new- 
born pups  in  the  first  three  or  four  weeks  of  their 
life)  had,  when  I  was  there,  and,  1  understand,  s.  M.  ivaahbum,  p.  155. 
still  has  immediate  money  value;  and  the  entire 
herd  is,  each  season,  as  wholly  and  completely  in  the  actual  power  and 
possessive  control  of  the  employes  of  the  lessees  as  my  father's  cattle 
on  his  farm  were  in  mine  when  I  was  a  boy  and  he  gave  me  charge  of 
them.  The  only  thing  to  prevent  the  immediate  conversi<m  of  the  en- 
tire herd  into  marketjible  skins,  and  so  into  cash,  was  the  limit  of  the 
catch  imposed  by  the  terms  of  lease,  unless,  that  limit  being  removed, 
the  inhabitants  were  possessed  of  foresight  and  public  spirit  enough 
to  preserve  the  herd  for  their  owu  future  prolit  or  the  future  public 
good. 

The  seal  has  many  traits  of  a  domestic  animal,  and  his  birthplace  is 
80  certain  a  home  for  him  that,  iu  its  habitable  season,  he  does  not 
need  to  be  hunted,  but  can  be  Ibund  there  as  regularly  as  a  farmer's 
cattle  at  night.  To  me  it  seems  a  pity  to  wastefully  destroy  his  use- 
ful race  when  pasturing  in  the  great  oceanic  international  common. 

When  the  seals  are  on  the  breeding  grounds  they  are  not  easily 
frightened  unless  they  are  too  nearly  approached, 
and  even  then  they  will  go  but  a  short  distance  if     Daniel  Webster, p.  isi. 
the  cause  of  their  fright  becomes  stationary. 

I  have  often  observed  that  the  seals  when  on  the  islands  do  not  take 
fright  easily  at  the  presence  of  man ;  and  the  na- 
tives go  among  them  with  impunity.    They  will      Daniel  Wibater^  p.  182. 
go  into  a  herd  of  seals  on  the  hauling  grounds  and 
quietly  sei)arate  them  into  as  many  divisions  and  subdivisions  as  is 
necessary  before  driving  them  to  the  killing  grounds.    At  the  killing 
grounds  they  are  again  divided  into  bunches  or  "pods"  of  twenty  or 
thirty  each  more  readily  than  the  same  number  of  domestic  animals 
could  be  handled  under  the  same  circumstances. 

The  bulls  on  the  rookeries  will  not  only  stand  their  ground  against  the 
approach  of  man,  but  will  become  the  aggressors  if  disturbed.  Pups 
are  tame  and  very  playful  when  young,  and,  ])ievi<ms  to  1891,  when  it 
was  the  practice  to  kill  three  or  four  thousand  for  natives'  food  in  No- 
vember, thousands  of  them  were  picked  up  and  handled  to  determine 
the  sex,  for  only  the  males  were  allowed  to  be  killed. 

PROTECTION   OF  FEMALES. 
Page  150  of  The  Case. 

It  was  the  uniform  policy  of  the  lessees  to  carefully  preserve  and  pro 
tect  for  breeding  purposes  all  female  seals;  and, 
as  their  agent,  I  was  instructed  to  exercise  all      Geo.  li.  Adamt,  p.  157. 
])ossible  care  and  caution  for  the  i>re8ervation  of 
the  female  when  driving  or  killing. 

Females  were  never  driven,  except  in  a  few  cases  where  a  barren  one 
had  hauled  up  with  the  bncdielors,  but  I  do  not 
think  in  ten  thousand  females  there  is  one  barren.      ^'"'*'  ^'y^^'Up-  8* 


224 


THE    REALS. 


■Iii,': 


si: 


As  chief  it  is  my  duty  to  see  that  the  rookeries  are  not  troubled  by 
anyone,  to  tea<'h  my  i)eoi)lo  to  obey  the  hiw  iiiid 

Karp  Buierin,  p.  I0:i.  my  younj;  men  how  to  drive  seals  to  the  killirif; 
grounds  without  injuring  them.  I  know,  and  all 
my  people  know,  that  the  Government  told  us  we  must  not  kill  cows, 
and  we  never  kill  them. 

The  company  agent  says  to  me:  "Kaip,  be  careful  that  no  (tows  are 
killed."  I  km)W,  and  we  all  know,  if  Ave  kill  cows  the  seals  soon  <Ue 
out  and  we  would  not  have  meat  to  eat;  and  if  anyone  told  me  to  kill 
cows  I  would  say  "No."  If  I  or  any  of  my  people  knew  of  anyone 
killing  a  cow  we  would  go  and  tell  the  Government  oHiccr.  The  Gov- 
ernment otlicer  told  us  that  the  Government  di<l  notlikti  to  have  cows 
killed,  and  that  we  should  not  kill  any  more  pups  because  it  was  wast- 
ing seals,  and  that  the  Government  would  give  us  plenty  of  other  nu'at 
instead  of  pup  meat,  and  we  all  agree  to  that,  and  we  have  not  killed 
any  pups  since.  And  all  my  people  will  do  everything  the  Government 
wants  them  to  do.  Jf  any  of  our  men  get  bad  and  kill  cows  or  jmps  or 
do  anything  bad  I  punish  them  and  1  bi  ing  them  before  the  Govern- 
ment officer. 

Our  priest  tells  us  to  obey  the  law  and  do  everything  the  Govern- 
ment asks  us  to  do,  and  we  are  all  pleased  to  do  it.  We  all  know  that 
the  food  and  clothes  we  are  getting  has  been  given  us  by  the  Govern- 
ment, because  we  are  not  killing  any  seals  to  earn  money  to  buy  things 
for  ourselves,  and  we  know  it  is  the  Government  sends  us  plenty  coal 
when  we  have  no  money  to  buy  it. 

After  the  cows  scatter  in  August  they  mix  with  the  bachelors,  and 

a  few  will  be  driven  when  we  drive  seals  for  food, 

Earp  Buterin,  p,  104.      and  sometimes  one  is  killed  by  accident  before  the 

clubber  knows  it  is  a  cow.     If  I  knew  that  he  killed 

it  on  purpose  I  would  punish  him;  and  if  he  did  it  again  I  would  have 

him  i»ut  off  the  island. 

S.  N.  Biiynitskii,  p.  21.        Under  no  circumstances  is  a  female  seal  killed. 

A  female  seal  was  seldom  driven,  not  more  than  two  a  season  on  St. 

George,  and  1  think  they  M'cre  in  all  cases  barren 
Samuel  Falconer. p,  162.  COWS,  which  had,  because  of  their  barrenness, 

hauled  up  with  the  bachehns. 

The  killing  season  ibr  skins  takes  place  in  June  and  July,  and  none 
but  males  are  killed,  and  it  is  seldom  that  the 

C.  L.  I'oivhr,  p.  25.  COWS  are  ever  in  the  drives  at  this  time  of  the 
year.  Should  a  cow  happen  to  get  into  one  of  the 
drives  slie  is  carefully  separated  from  the  rest,  ami  ])erniitted  to  go  to 
the  water.  Later  in  the  season,  when  food  drives  are  being  nnide,  and 
the  harems  are  broken  up,  a  small  number  of  cows  are  in  the  drives, 
but  none  are  killed  uidess  by  accident.  The  natives  who  make  the 
drivesare  very  particular  on  this  point,  and  nothing  oftends  them  quicker 
than  to  have  a  female  seal  killed.  They  are  very  careful  in  handling 
the  seals,  and  seem  to  fully  appreciate  the  necessity  of  preserving  the 
seals  as  well  Jis  the  laws  relating  to  that  subject. 

We  know  a  cow  seal  on  sight,  and  when  we  find  one  on  the  killing 
grounds  we  take  care  she  is  not  injured.  Very  few  cows  get  into  the 
drives  before  the  middle  of  August,  and  then  we  are  only  driving  and 
killing  a  few  hundred  a  week  for  food. 


tronblod  by 
tlic  lilW  iiiul 
)  tliu  killiii*; 
now,  iind  iill 
)t  kill  cows, 

no  cows  are 
Ills  soon  <lio 
1(1  me  to  kill 
V  of  iHivonc 
■.  The  ()ov- 
I)  liivvc  cows 
it  was  wast- 
f  otiicr  meat 
e  not  killed 
Government 
s  or  pups  or 
the  Goveru- 

tho  Goveni- 
II  know  that 
the  Govern- 

0  buy  tliinjj:s 

1  plenty  coal 


chclors,  and 
eals  lor  luod, 
nt  before  the 
hat  he  killed 
would  have 


3  seal  killed. 

eason  on  St. 
ases  barren 
barrenness, 


[y,  and  none 

)m  that  the 

Itiino  of  the 

to  one  of  the 

|ted  to  go  to 

made,  and 

the  drives, 

1)  make  tin; 

|iem  quicker 

in  handling 

[serving  the 

the  killing 
i;et  into  the 
hiving  and 


PROTECTION   OF   FEMALES. 


225 


All  cows  killed  on  the  seal  islands  are  killed  aecidentally,  and  it  oc- 
i-nrs  so  seldom  that  I  do  not  think  tlieie  has  bren 
to  exceed  !(»(>  sinci^  I  came  to  the  island  in  l.StJ!».      ,/„„.  rnitiK,p.  108. 
So  carefully  has  this  been  guarded  that  when  we 
used  to  be  allowed  to  kill  pup  seals  in  November  we  had  to  examine  and 
separate  the  sexes  and  kill  none  but  males. 


Tnder  no  circumstances  is  it  allowable  to  ki'i  a 
female  of  any  age. 


Lou'tH  Kcmmcl, p.  173. 


When  the  cows  first  come  to  the  islands  they  go  on  the  breeding 
rookeries  and  remain  there  through  June  and  .Fuly, 
excepting  while  they  go  out  to  sea  to  fr'cd.  and  Jnc.  KoUIuk 'en,  p.  i3i. 
this  is  why  very  few  cows  are  ever  fonn«l  in  the 
drives  made  in  those  two  months  while  we  arc  killing  for  skins.  In 
August  tlu^  families  are  broken  up  on  the  rookeries  ami  the  cows  scat- 
ter and  mix  up  with  the  ycaing  males,  and  when  wv  «lrive  for  food  there 
are  a  few  cows  in  every  drive,  but  as  it  is  unlawful  to  kill  a  cow  seal  ou 
tlu'  islands  we  are  careful  that  none  is  killed. 

Our  jjcojde  are  very  careful  about  that,  and  if  one  is  killed  by  acci- 
dent they  do  not  like  it,  and  the  chiefs  report  us  to  the  Government 
oflicer. 

Every  native  knows  a  female  seal  at  sight,  and,  as  the  law  against 
killing  a  female  is  strict  and  so  rigidly  enforced, 
and  as  the  clubbers   are   the   most   experienced      .tfigei  Kushen,  p.  129. 
and  most  careful  men  on  the  island,  it  is  very  sel- 
dom that  any  female  seal  is  clubbed.    Our  |>eoj)le  have  great  respect 
for  law  and  are  always  ready  to  obey  any  rules  laid  down  by  the  i)roper 
atithority,  and  they  have  been  raised  in  t!ie  tirm  lu'lief  that  it  is  wrong 
to  kill  a  cow  seal.     No  one  knows  better  than  the  natives  that  our 
prosperity  is  in  the  prote(!ti(m  of  the  seals.     They  are  our  food  supjdy, 
and  our  eaiiiings  from  taking  the  skins  enable  us  to  live  comfortai)ly. 
Shoidd  the  <'omi>any  desire  us  to  kill  female  seals  every  native  in  the 
village  wojihl  be  inteivsted  in  having  the(Tovernment  ollicer  know  it. 
The  instructions  we  have  always  received  from  the  company  was  to  bo 
careful  in  driving  and  to  never  kill  a  female  seal. 

J)uring  the  month  of  August  the  families  break  up  and  the  seals 
scatter  around,  and  sonte  of  the  cows  mingle  with  the  young  males 
iind  are  driven  along  with  them  when  we  make  a  drive  for  food,  and 
s<uiu'times  one  or  two  are  killed  accidentally.  It  is  so  seldom  that 
this  occurs,  I  do  not  thii.k  that  there  has  been  more  than  about  ten 
cows  per  year  killed  on  St.   I'aul  Islaiil  siiu-e  ISTO. 

Th(!  skins  taken  from  seals  killed  for  food  are  salted  and  counted  to 
the  lessees  on  the  quota  (»f  tlie  following  y«'ar,  so  that  nothing  may  be 
wasted.  When  we  were  allowed  to  kill  pups  in  November  for  food 
and  clothing,  we  always  i)icked  out  the  males,  because  we  wer(^  not 
allowed  to  kill  fenndc  pups,  and  now  we  are  not  allowed  to  kill  any 
pups  at  all. 

Very  few  cows  get  into  a  drive  before  the  middle  of  August. 

Later  in  the  season,  when  we  are  driving  seals  for  food,  a  few  cowa 
get  into  the  drives,  but  we  are  careful  that  they 
do  not  get  hurt;  we  all  know  it  is  forbidden  to  kill      XicoH  Kntkoff,  p.  133, 
a  female  seal  at  any  time,  and  we  do  not  want  to 
Imve  them  killed  tiiid  uouo  aia  killed  except  by  accident. 

;0  8  9 


226 


THE   SEALS. 


On  some  occasions  a  considcrablo  number  of  bulls,  nearly  larpf© 

enough  for  rookery  service,  and  rarely  a  barren 

//.  //.  Mclutyre,  pA'J.    <H>w,  were  unavoidably  gathered  up  from  the  beach 

antl  Htarted  inland  witli  tlie  herd.    The  greater 

jiart  <»f  these  at  first  opportunity  were  segregated  from  tlie  drove  and 

fvut  back  to  the  water.    •    •    • 

Female  seals  were  very  rarely  included  in  the  driven  herd,  and  never 
killed  except  by  accident. 

There  are  many  fines  imposed  at  the  Commander  Islands  for  killing 

female  seals,  even  by  accident,  and  I  am  ipiite 

Jno.MttUuamkji,  />.198  ccrtiiu  that  the  decrease  in  the  number  of  seals 

(Comiiiander  islamls).      thereon  is  not  owing  to  the  methods  employe<l  in 

killing.  When  a  female  is  discovered  in  a  herd 
while  being  driven  to  the  killing  ground  she  is  carefully  turned  back 
and  slowly  driven  to  the  watei's  edge,  sometimes  the  work  of  several 
hours. 

Since  about  1835  the  female  seals  have  been  invariably  spared,  and 

if  the  sealeries  are  to  yield  the  best  returns  in 

n.  H.  Mclntyre,  p.  58.  future,  the  wise  system  under  which  they  have 

been  heretofore  protected  must  be  rigidly  nniin- 

tained.    The  habits  of  the   aniinals   are   such,  in   the  8eparati<ni  of 

breccU^rs  from  nonbreeders   when  on  shore,  that  this  can  be  easily 

accomplished. 


Q 


Have  you  ever  known  the  lessees  to  take  female  skins? — A.  No. 
Any  emidoye  killing  a  female  either  intentionally 
Anton  Melovv(htff,p.VXi.  or  accidentally  would  be  liable  to  a  fine. 


•,'g 

m 


m 


Pi 


The  killing  of  females  is  a  crime  on  St.  Paul  Island,  and  our  churcli 
teaches  that  it  is  a  sin  to  kill  one,  and  our  ])eople 

AntonMdorc(h>ff,pM2.  kiuiw  that  the  death  of  a  (!owseal  means  one  pup 

less  for  meat  in  years  to  c<mie.     Never  since  I 

came  here  in  18G0  have  I  known  of  a  cow  to  be  killed  unless  by  ac<!i- 

dent,  and  I  tliink  there  has  not  been  10  cows  killed  out  of  every  85,000 

Bcals  killed  every  year  from  1870  to  1889. 

The  bulls  and  <!ows  being  on  the  breeding  rookeries  all  through  June 
and  July,  while  the  killing  of  the  bachelors  for  skins  is  taking  place, 
there  is  no  reason  why  a  cow  should  be  driven  or  killed  in  the  two 
months  named,  and  it  is  a  very  raie  case  to  see  a  cow  on  the  killing 
grounds  at  this  time  and  still  rarer  to  have  one  killed. 

After  the  killing  season  is  ended  and  the  breeding  season  is  over 
the  cows  do  mix  up  with  the  bachelors  on  the  hauling  grounds,  and 
they  are  often  driven  when  we  make  a  drive  of  seals  to  kill  for  food, 
and  sometimes  one  or  two  is  clubbed  by  accident.  With  this  exception 
there  are  no  cows  or  females  ever  killed  on  the  seal  islands. 

On  my  first  arrival  in  the  Priblof  Islands  in  18G8  several  other  ves- 
sels, representatives  of  different  interests,  were 
T.F.  Morgan, p. G^.       there  for  the  purpose  of  killing  seals;  and  the 
natives  of  these  islands,  calle<l  ^Vleuts,  were  nearly 
all  emidoyed  by  one  or  other  of  the  vessels  in  the  business  of  killing 
seals.     I  noti(!ed  that  the  natives  always  remonstrated  whenever  any 
female  was  killed  and  stated  that  that  was  forbidden,  and  I  q.m  ia« 


ally  large 
y  a  barioii 
1  the  beach 
Mie  greater 
»Ir(»ve  and 

,  and  never 


1  for  liilliiig 
I  am  ((uito 
)('r  of  seals 
niployed  in 
d  in  a  herd 
lUiied  back 
I  of  (several 


spared,  and 
returns  in 
they  have 
gidly  main- 
paratiou  of 
11  be  easily 


IS?— A.  No. 
iitentionally 
ne. 

our  <liurch 
I  our  people 
ms  one  pup 
ver  since  I 
ess  by  iiwA- 
ery  85,000 

ousli  June 
ving  place, 
in  the  two 
the  killing 

ison  is  over 
ounds,  and 
ill  for  food, 
is  excei)tion 


1  other  vea- 
M-ests,  were 
and  the 
were  nearly 
s  of  killing 
leiiever  any 
ud  I  ?^ui  iU' 


PROTECTION   OF   FEMALES. 


227 


formed  that  it  always  has  been  forbidden  by  the  Kussian  (iovernm«'nt. 
All  the  s(>als  kiLcd  by  me  or  undrr  my  superlnt4>nd4>nce,  on  tlie  island, 
have  been  male  seals,  fxcept  in  tin-  case,  of  accident. 

Females  might  occasionally  appear  in  the  dr(»ve,  but  their  presence 
was  generallv  known  and  none  were  killetl  exct'pt     ,       ,,   .,  .,,  „  .   ^.o 
by  accident,  which  occurre<l  very  rarely. 

No  female  is  ever  killed,  and  it  is  veiy  seldom    •^.  If-  MouUon,p.  72. 
a  fennile  is  driven. 

It  is  during  these  "food"  drives  in  Atignsf,  Sejjteniber,  and  October 
that  an  occasional  female  is  accidentally  kilh'd. 
lieing  mixed  with  the  ■•  bachehus"  at  tlii;t  time,    /,.  ,/.  Aoi/'*.  y*- 83. 
some  females  are  driven  and  accidentally  killed. 

The  killing  of  a  feimile  is  the  greatest  crimi;  known  on  the  seal  island.s, 
and  is  never  done  intentionally.  Of  this  I  am  most  jxjsitive,  for  I 
know  that  every  possible  precaution  has  been  taken  to  guard  against  it; 
and  I  believe  there  has  not  been  oiui  hundred  females  killed  on  St. 
George  Island  sinc«'  l.SSO,  if  I  may  exc«'pt  sonu'  killed  by  i)oa«!hers  Avho 
were  driven  olf  before  they  secured  the  skins  of  the  seals  they  had  killed. 

The  most  scrnpuloiis  care  was  always  taken  by  all  persons  at  the 
islands,  inclpdingdovernnu'iit  agents,  the  Alaska 
Commercial  Company's  agents,  and   the   native    ir.  G.  Otis,  p.  86. 
chiefs  and  ])eople,  to  spare  and  piotectthe  mother 
seals,  whetlnu'  u|ton  the  rookeries  or  elsewher*^  on  the  islands;  so  care- 
ful were  we  in  tluit  regard  that  whenever  a  female  seal  happened  to  bo 
driven  uji  along  with  a  herd  of  killable  seals,  or  "bachelors,"  she  was 
promjitly  distinguished  from  the  males,  never  killed,  but  separated  from 
the  mass  and  allowed  to  make  her  way  again  to  the  sea. 

Statute  lawforbids  the  killing  of  the  female  seal,  and  nature  regulates 
the  matter  so  that  there  is  no  danger  of  their 
being  driven  or  killed  during  the  regular  killing   J.  C  Red  path,  p.  U9. 
season,  which  takes  place  in  June  and  July  when 
all  the  "  killing  for  skins"  is  done;  and  atler  all  my  experience  here  I 
am  free  to  say  that  a  small  fraction  of  one  i>er  <'ent  would  represent 
all  the  females  killed  on  the  islands  since  they  became  the  property  of 
the  United  States. 

The  compact  family  ariangement  so  tenaciously  adhered  to  during 
the  breeding  season  bi-conies  relaxed  in  August,  and  the  females  scat- 
ter, and  a  few  of  them  niixui>  with  the  young  males,  and  when  the  natives 
make  a  drive  for  food  it  o<;casionally  ha])pcns  that  a  female  will  ac<',om- 
pany  the  males,  and  sometimes  one  or  two  may  be  accidentally  killed. 
1  use  the  word  "accitlentally"  advisedly,  because  there  is  no  good 
reascm  why  the  natives  or  the  lessees  should  kill  a  female  seal  <lesigne«lly, 
as  the  skin  is  of  no  more  use  or  value  (if  so  much),  nor  its  tiesh  as  good 
for  foo<l,  as  is  that  of  the  male.  And,  exce])ting  accidents,  it  is  a  fact 
that  no  female  seals  are,  or  ever  were,  killed  on  the  Pribilof  Islands 
since  American  rules  and  regulations  were  established  there. 

No  females  are  allowed  to  be  dxiven  or  killed.  Thomas  f.  Jtyan,p.  174. 


228 


THE   SEALS. 


Only  two  females  were  ever  killril.  to  my  k  now  led  ^'c.  by  tlio  iiatfvp« 

III  di'iviiii;.     1  tlicn  iiiiiili>  I'vciy  clVoif  to  discover 

n.  t\  Hvribun-,!).  W).       wlioliihl  killrtl  (lieiii.liiy  (iliject  Iteiii;:  tot  li»noii^liIy 

impress  on  tiie  mi  mis  of  tli*'  iiiitivesaii<l  tliea;>eiits 

of  the  lesseeH  that  the  aeri<l<-iit  mii^t  not  occur  auain. 


W.  Ji.  Taylor,  p.  176. 
that  was  accidental. 


I  never  saw  but  <»iie  female  killed  out  of  i\\'^ 
L'0,()0(>  taken  on  St.  (ieoi-e  Island  in  l.SSI,  and 


biTi ! 


Georye  iyttrdman,p.llH.  A  female  was  nc^ver  killed  while  F  was  on  St. 
Geor;j;e,  excei»t  by  accident. 

Every  care  is  talceii  in  driving;  the  seals  from  the  hanliiifr  to  the  kill- 
inj;-  ;;i(iunds,  and.  <liirin<;'  the  i'e;;ular  killing''  sea- 
Daniel  IVebstcryp.  181.   Koii  of  June  and  .July,  tliere  are  no  females  driven 
because,  at  this  season,  they  are  upon  the  breed- 
in{j  rookeries  and  do  not  interminjile  with  tlie  y(Minin' males.     If  occa- 
sionally one  does  hai>p<'n  to  be  in  the  drive,  ^wnt  care  is  taken  n«>t  to 
injure  her;  the  law  prohibitiii};'  the  killiii"'  of  the  female  seal  is  wt'U 
understood  by  tiie  native's,  and  they  aw  tnorouj>hly  in  sympathy  with 
it.     Kven  weie  I  to  ret|uest  them  to  kill  a  female  se.il  they  wouhl 
refuse  to  do  it,  and  would   immediately  rejiort  nic  to  the  (lovernment 
agent.     I  hav<'  known  an  occasional  one  t<»  be  killed  by  accident  <lur- 
inj;  the  food  drives  late  in  tlu'  season  wln-u  the  males  ami  females  inter- 
n)inf>le  on  the  haiilin;;'  {jrounds.  but  the  clr.ltbt'r  was  always  severely 
rebuked  by  the  chief  for  his  carelessness  as  well  as  by  the  (Jovernment 
and  company  oHicers. 

JNIy  observation  is  that  the  number  of  female  seals  killed  on  tho 
islands  fronj  all  causes  is  too  insiyniticantly  small  to  be  noticed. 

It  is  a  fact  that  none  but  male  seals  are  ever  driven  and  killed  on 
the  islands,  and  .yreat  care  is  taken  to  preserve  a 

W.  II.  U'illiamsip.'Ji.  sulllcieut  number  each  year  to  supi»ly  the  breeding 
rook«ries. 

TUK   KILLAIJI.E   CLASS. 

rago  152  of  The  Case. 
(See  also  "  Doiicndonoc  on  Alasknn  Tlonl  "  iinilor  "  Tlio  Senlskin  Tmhistry.") 

John  Armnirong,  p.  1.  And  comjiaratively  tew  as  old  as  live  years  come 
ui)  with  the  droves  to  the  killing  grounds. 

Kerrk'k  Ariomanoff,p.  101.    Our  people  like  the  meat  of  the  seal,  ajul  we  eat 

no  other  nu'at  so  long  as  we  can  get  it. 
The  i>up  seals  are  our  chicken  meat,  and  we  used  to  be  allowed  to  kill 
3,000  or  4,000  male  pups  every  year  m  Nov(Mnber,  but  the  (lovernment 
agent  forbade  us  to  kill  any  in  1891,  and  said  we  should  not  be  iiHowed 
to  kill  any  more,  and  he  gave  us  other  meat  in  place  of  "i)ui)"  meatj 
but  we  do  not  like  any  other  meat  as  Avell  as  pup-seal  meat. 

While  the  breeding  grounds  have  been  lett  undisturbed  to  their  own 

career,  the  hauling  grounds  have  alternately  been 

/,  Slankji  Brown,  ^.  16.  the  scene  of  drives  tor  the  purpose  of  killing.    The 

Uumatuie  buuUelors  t'uim  the  bulk  of  the  tieub  tUat 


lio  nativoa 

Id  discover 

tlioioiijjlily 

tliuagc.iitii 


(lilt   of   til*? 

1.S81,  ami 
svas  on  St. 


to  tlH'  kill- 
killing  sra- 
airs  Urivt'U 
I  the  lnwd- 
■<.  11'  ocra- 
iikcn  not  to 
■<ral  is  well 
ipatliy  with 
they  \v(»iil<l 
lovcrnnicMit 
•cidciit  (Inr- 
inalcs  inter- 
ys  severely 
Jovei'iinient 

led  on  tbt) 
ced. 

d  killed  on 
1  preserve  a 
ic  breeding 


THE    KII.LAnLE    PLAPfl. 


229 


.v-"> 

ears  come 
lids. 

ajid  we  eat 

>wed  to  kill 
overniiient 
be  allowed 
np"  meat; 


their  own 
ately  been 
II  }j.    The 
(3  iseub  that) 


linnl  ont  upon  tliese  jLtininids,  iuid  oC  them  only  the  .3  and  4  year  olds 
are  taken  lor  their  skins. 

The  only  seals  killed  lor  their  pelts  are  those  iinnialiire  males  that 
haul  ont  npim  the  haiilin;;  grounds  remote  IVoiii  the  breediii;;-  ;;'ronnds, 
and  the  handliii;^  of  them  causes  no  distiii  bame  to  the  breediii);  females. 
The  number  of  bachelors  permit  ted  to  betaken  in  anyone  season  is  (>n- 
tirely  w.lhin  the  control  of  the  Tri'asnry  Department,  which  control  ha» 
been  exi'rcised  diiiiii};  the  past  two  yi'nrs  for  the  enormous  rednction  of 
the  aniiiial  (piota. 

The  seals  killed  on  the  islands  ibr  their  skins  are    ,s.  \.  ituijHUxhj,  p.  21. 
these  bachelors,  those  t>f  from  1*  to  1  years  old  be- 
iuy  earefnlly  selected. 

The  three  yearold  male  has  meanwhile  landed  on  the  haiiliiifj  jiioniids 
and   is  now  of  the  most  available  aye  to  kill  for 
Ills  Jielt.  Samuel  Falconer,  p.  156. 

The  bachelors  are  the  seals  which  are  killed  by  the  lessees  of  the  is- 
lands, the  killable  ay:e  beiii}'-  from  2  to  ."»  years; 
all  seals  which  are  not  males  or  which  are  not  of    Louk  Kimmel,j}.  173. 
the  correi't  aji^e  are    separated  from  those  to   be 
killed,  and  allowed  to  return  to  the  water. 

We  nsed  to  kill  jinps  for  lb«id  in  November,  and  then  we  had  to  ex- 
amine  tlu^    sex    and  kill    none  but   mah's.     The 
(Jovernment  has   forbidden  ns  to  kill  any  more    yicoU  Kmhoff,  2^.  133. 
imps  and  we  p't  other  meat  instead. 

A  snfjji'estion  was  made  to  the  Secretary  of  the  Treasnry  in  the  fall 
of  1885  that  some  old  bulls  should  be  killed,  but 
the  Secretary  declined  to  iiermit  such  animals  to    jhial  P.  Loud,  p.  38. 
be  destroyed. 

The  age  at  which  tlu;  male  seal  should  be  killed  fin"  his  skin  to  best 
meet  the  luesciit  demands  of  tlie  market,  is  .'J  and 
4  years  old.     It  is,  of  course,  as  with  other  animals,    Jf.  H-  Mclnii/re,  p.  58. 
impossible  to  say  in  every  ease  just  li(»w  old  a  seal 

is,  but  in  the  large  majority  of  cast's  an  «'X|»erien<'ed  seal-killer  will  de- 
termine with  accuracy  from  the  size  of  the  animal,  the  growth  of  hair 
upim  the  ne»'k,  and  the  length  and  size  of  the  canine  teeth. 

The  sex  of  the  yearlings  is  not  easily  determined  unless  the  animal 
is  caught   and  examined.     The  shape,  size,  and 
c(»lor  of  the  two  sexes  are  very  closely  alik*'  at  this    ft  'f-  Mcfntyre,  p.  59. 
age.     At  2  years  old  it  is  less  dillicult,  and  there 
is  very  little  risk  in  assnming  that  all  those  found  at  this  age  with  the 
nonbreeders  ar(^  males,  be<'ause  all,  or  nearly  all,  the  females  at  2  years 
old  consort  with  the  breeding  seals  upon  the  rookeries.     In  the  last  two 
years  of  the  Alaska  (.'ommer(;ial  Comj>any's  lease  of  the  sealeries  large 
numbers  of  2-yearold  seals  were  killed  under  my  direction,  but  never, 
to  my  kmtwledge,  any  females  of  this  age. 

The  "bachelors"  of  from  2  to  ~)  years  old  .are  the  only  seals  driven  or 
killed  on  the  seal  islands  by  anyone  or  for  any 
purpose;  and  the  sensational  stories  told  of  how    L.  A.Noyes,p.82. 
they  are  "  tortured  "  on  the  drive  have  no  fouuda- 
in  fact. 


230 


THE   SEALS. 


Aft«»r  the  rojfiilijr  scfison  closes,  in  .Inly,  tlio  iinthos  Ijill,  wookly,  for 
food,  troiii  one  to  two  IniiMlriMl  niiilc  sciilH  wliosti 

L.  A.  Xoyvs,  p.  83.  skins  art'  laryc  (■noiijL'li  to  bo  aiccptcd  as  part  of 
the  noxt  year's  (luota. 

ThoB.  J',  liyan, p.  m.  The  seals  wliicli  are  "driven"  and  killed  are 
baihelors  b»'t\veen  the  a{,'e  oiL*  years  and  oyears. 

As  to  the  manner  in  wliich  the  1()(>  aoo  seals,  which  tnrnisli  the  an- 

nuahpiota  of' Kins,  are  taken.   Mr.  Miliott  says: 

C.  A.  WUliamn,  i>.r)l\.  "  liy  M't'erenee  to  the  habits  oC  'he  t'nr-s«'al  it  is 

])hiin  I  hilt  two-thirds  of  all  (lie  nniles  that  aielxnii 

(and  they  an'e(|nal  in  nnniber  to  tln^  females  born)  are  never  permitted 

by  the  reinainin}>;  tiiird,  slionj^est  l»y  natural  selection,  tolanclnpon  the 

same  jjfronnd  with  tln^  fenniles,  which  always  her<l  to<«('theren  nnisse. 

TlHM-elbre,  this  {"reat  band  of  bachelor  seals,  or  'hollas  ehickie.'  iseom- 

l)elled,  when  it  visits  lainl,  to  li\«' apart  entiicly,  miles  away  freqnently, 

from  the  br(>edin^' iL>'i'oiiiids,  and  in  this  admirably  jxtrfect  manner  of 

imture  are  those  seals  which  <*an  be  properly  killed  withont  injnry  to 

the  rookeries  selected  and  held  asiile  so  that  the  natives  can  visit  and 

take  them,  as  they  wonid  so  nniny  1h»^s,  without  distnrbinjr  in  the 

8light«'st  des' "^'^5  the  peaee  and  (piiet  of  the  breeding  grounds  where  the 

stock  is  perpetuated." 

DISTUUIJANCR  OF  BRKEDINO  SEALS. 
rag«.152  of  TLo  Case. 

At  no  time  during  ISOl  was  there  other  than  the  greatest  care  exer- 
cised in  i)rotecting  the  bleeding  gnmnds  tVomin- 

J.S^aHZc.i/ AVoHH,  7».  12.  trnsi(»n  or  molestatio  ,  jjrecautions  being  taken 
that  to  a>  novice  wonl'  seem  excessive;  nor  could 
I  find  by  the  most  diligent  inquiry  among  the  natives  that  there  had 
been  any  deviation  from  these  rules  since  the  American  occupancy  of 
the  islands,  nor  during  that  time  had  there  been  the  killing  of  a  female 
seal  save  by  the  rarest  accident. 

The  ''hauling  grounds"  of  the  young  bachelors,  which  is  nsually 
somewhat  remove*!  from  the  ''breeding  gr(Hinds,"  is  the  only  poj-tion  of 
a  rookery  upon  which  any  intrusion  is  permitted. 


During  the  entire  time  I  was  upon  the  islands  the  most  stringent 
regulations  were  always  enforced  in  relation  to 
Cha8.nryavt,p.8.         ilisturbiug  the  rookeries  ill  anyway.    The  use  of 
firearms  during  the  seascm  the  seals  were  ui)on  the 
islands  was  forbidden,  and  this  was  enforce<l  by  taking  ]>ossession  of 
the  guns  of  the  natives  or  by  removing  the  h)cks  and  retaining  them 
until  the  close  of  the  season;  also  all  dogs  were,  in  1809  or  1.S70,  de- 
stroyed on  the  islands,  and  no  others  were  allowed  to  be  brought  here. 

• 

There  were,  while  I  was  on  the  islands,  stringent  rules  enforced  on 

the  islands  as  to  the  use    of  firearms,  making 

S.KBuynitaii/,  p. 22.    noises,  approaching  the  rookeries,  etc.    In  thct 

every  i>recaution  was  taken  that  the  seals  on  the 

islands  might  not  be  frightened. 


DISTUrtBANCE   OF   BRKEDING   SEALS. 


231 


pare  oxer- 


All  flroarms  wito  forbidden  and  nevrr  liave  lieeii  used  on  these  islands 
in  tlie  killin;;   an<l  taking;  of  seals.     In    fact,  un- 
usnal  noise  even  on  the  ships  at  anelior  near  these    "'■  f-'-  Couhoti.pAU. 
islainls  is  avoided. 

Visitin;;  tiic  ro(»keries  isnot  nerniittedonlyon  <*erfain  conditions,  and 
anything  tlnit  nii}»iit  frij-litcn  the  seals  a\oid«'d.  The  seals  are  never 
killed  in  or  near  tlie  rookeri<>s,  but  are  driven  a  short  distanee  iidand, 
to  };roun«ls  esi)eeially  set  ai)art  foi-  this  work.  I  do  n«>t  see  how  it  is 
possible  to  conduet  the  sealing  i)roeess  with  };reater  eare  or  Jndfrnient. 

The  breediiif'-  rookei-ies  were  never  ilisturlted  in  any  way,  and  most 
stringent  regulations  were  enfor<M'd  to  prevent 
their  being  molested.  *«/«/.  Falconer,  p.  ifii. 

The  breeding  rookeries  are  never  disturbed   in  any  way  by  the 
eniploy(''s  on  the  island  and  the  most  stringent 
rules  are  enforeed  against    the  use   of  lireurms,    i.,„t\-,  Khnmel, p.  113. 
allowing  dogs  upon  the  islands,  or  disturbing  the 
seals  in  any  manuer. 


Great  eare  was  always  exercised  in  ap]>roach 
ing  the  sealing  grounds  to  disturb  them  as  little 
as  possibhv 


l.n.  Mclnhnf, p.  id. 


Ill  fhe  process  of  securing  the  annual  '^atch  of  seals  for  their  skin.s, 
the  breeding  animals  were  very  little  disturbed. 
No  one  was  allowed  to  molest  them;  dogs  were    II.  il.  Mclntyreyp.bl. 
banished  from  the  islands.    The  use  of  firearms 

•Nvas  forbidden.  The  rendering  of  oil  from  seal-blubber  was  stoi)ped 
after  the  secoml  year's  trial,  becaiise  the  smoke  and  odor  seemed  to 
disturb  the  r<»okeries  near  the  works,  and  every  prei-aution  was  adopted 
which  good  husbaudry  could  suggest  for  tiie  perpetuation  of  the 
industry. 


Special  precautions  are  taken  not  to  frighten  or  molest  the  animals 
on  the  rookeries,    liven  tires  are  not  i)ermitted  to 
be  made  where  it  is  thought  their  light  or  sight  ,Jno.MaloH-nn»k;i,v.\.Q% 
of  the  smoke  might  alarm  them. 


(Commander  hlandii). 


In  all  respects  great  care  was  taken  to  prevent  the  nnnecessary 
harassment  of  any  class  of  seals,  whether  old  or 
young,  unvle  or  female.    The  breeding  rookeries    n.  G.  Otis,  p.  86. 
themselves  were  never  under  any  circumstances 
disturbed. 

Although  the  sefils  are  comparatively  tame  after  being  on  the  land 
for  a  short  time,  and  do  not  get  scared  so  easily 
as  is  commcmly  supposed,  the  rules  and  regula-    J.  C.  L'edpath,  p.  i^iO. 
tions  of  the  Treasury  Department  are  vey  strict 

on  the  question  of  absolute  protection  to  the  seals  on  the  islands,  and 
the  Treasury  agents  have  always  most  rigidly  enfor*  ,'d  them. 

It  is  unlawful  to  fire  a  gun  on  the  islands  from  the  time  the  tirst  seal 
.appears  in  the  spring  until  the  last  one  leaves  at  the  end  of  the  season; 
and  in  order  to  properly  enforce  this  law  the  firearms  are  taken  from 
the  natives  and  locked  up  in  the  Government  bouse,  in  care  of  the 
Treasury  agents. 


232 


THE    SEALS. 


No  person  is  ijllowod  to  <ro  iioiir  ii  rookery  unless  by  special  order  of 
the  Trciisury  iis<'iit;  iin.:  wlien  drivinj;- ironi  tlie  lianliii«;' fjrounds  the 
natives  are  (orl»i(hleii  to  smoke  or  make  any  unusual  no;.>e,  or  to  do  any- 
thinj>'  that  mijiht  disturb  or  fri<;iiten  the  seals. 

Tlie  breediuff  rookeries  are  iu>ver  distuibed  in  any  way.    The  rule 

that  "the  use  of  iir<'arms  is  forlidden   bet\v«'en 

Thomas  F.  I.'ikui,)).  171.  ^l:iy  land  Deceudx'i- 1,  except  as  jicrmitted  by  the 

(lovernment  otlicer,'"  was  enforced  while  1  was  on 

the  island.     Xo  do.ys  are  ever  allowed  ui>on  the  islands. 

Great  care  was  always  taken  not  to  disturb  the  breeders;  no  one  wa-s 

ever  allowed  to  j^oon  tlH'breedin,!.'  grounds  dnrinj; 

W.  n.  Tatilor,  p.  lin.      tiie   rutting-  season,  all    observations  as   to   the 

habits  beiu};'  made  from  overhanging  ;ilitls  or  some 

cleviition  in  the  vicinity  of  the  haienis. 

Durinji' this  period  it  has  been  my  duty  as  a  trusted  employe  of  the 
lessees  U)  observe  aiul  re]iort,  eacli  year,  the  con- 
J>(uil.  iVchHicr  p.  180.     dition  of  the  rookeries.     J\Iy  instructions  were  ex- 
plicit and  emjdiatic  to  never  permit,  under  any 
circumstances,  any  i)ractices  to  obtain  that  would  result  in  injnry  to  the 
herds.     These  instructions  have  been  faithfully  carried  out  by  myself 
and  other  employes  of  the  lessees  of  the  islands,  and  the  laws  ami  regu- 
lations governing  tlie  peri»ctuation  (»f  se:dlife  have  been  rigidly  enforced 
bv  all  tlie  Government  agents  in  charge  of  the  islands. 


WI 


The  killing  grounds  are  situated  as  near  the  rookeries  and  hauling 

grounds  as  is  possible  without  having  the  breed- 

Daiil  ll'cbKicr,  p.  183.    ors  or  bachelors  disturbed  by  tin-  smell  of  blood 

or  ])Utrcfaction,  and  most  stringent  regulations 

have  always  been  enforced  to  prevent  disturbing  or  frightening  the 

breeding  seals. 

NUMBER  KILLED. 

rage  153  of  The  Case. 

(Rpp  also  the  tnl)les  iiiidor  "  TIio  Soalskiii  Industry —Doppiidonre  on  Ainslcnn  TTcrd." 

The  number  of  bachelors  lu'iiuitted  to  be  taken  in  any  one  season  is 
entirely  within  the  control  of  the  Treasury  Depart- 
J.  staiileji  Brown,  J).  16.  ment,  which  control  has  been  exercised. 

The  seal  being  ])olygamous  in  habit,  each  male  being  aide  to  pro- 
vi«le  lor  a  harem  averaging  twenty  or  thirty  meni- 

J.  Slavic!!  Brown, p.  IS.  bers,  and  the  i)r')portion  of  male  to  female  l)orn 
being  equal,  the/e  must  inevitably  be  left  ii  re- 
serve of  young  inimature  nudes  the  death  of  a  certain  ])roportion  of 
which  could  not  in  any  way  atfect  the  annual  supply  coming  from  the 
breeding  gnmnds.  Tlicse  conditions  existing,  the  (lovei  innent  has  per- 
mitted tlie  taking  with  three  exceptions  up  to  185KI  of  a  <iuota  of 
about  1()(),(MK)  of  these  young  male  seals  annually.  When  the  abun- 
dance oi"  seal  life,  as  evidenced  by  the  areas  formerly  occupied  by  seals, 
is  considered  1  do  not  believe  that  this  could  account  for  or  play  any 
appreciable  part  in  the  diminution  of  the  herd.     *     *     * 

For  some  year^  past  the  natives  weie  iM'rmitted  to  kill  in  the  fall  a  few 
tliou»and  male  X)UX38  for  food.    Such  killing  has  been  prohibited. 


NUMBER   KII-LED 


233 


ial  ordor  of 
rounds  tlio 
r  to  do  iiiiy- 


Tlio  lule 

Ml     IX'tWi'tMl 

iJtcdbvtlie 
le  1  Mils  on 


iioojio  was 

nds  dniinj;^ 

ns  to   the 

itl's  or  some 


loyd  of  the 
1',  tlie  con- 
is  M'ere  ex- 
under  juiy 
jury  to  the 
by  myself 
and  rogu- 
ly  enforced 


d  hauling 
the  breed- 
1  of  blood 
'gulatious 
enjng  the 


rcrd." 

season  is 
y  JJcpait- 


e  to  ])ro- 
I'ty  nieni- 
lale  born 
left  a  re- 
tortion of 
from  the 
has  |>ei'- 
(luota  of 
le  abun- 
by  seals, 
play  any 

idl  a  few 
d. 


In  ISSO  it  was  quite  diflieult  for  tiic  lessees  to  oT)tain  their  full  quota 
of  1(10, 0(10  skins;  so  dillicult  was  it.  in  lact,  that  in 
oi'der  to  turn  olf  a  sul'licient  numl)er  of  four  and     chas. .(.  <ioff,j).  112. 
liv(^  year-(»ld  males  lion>  the  hauling  grounds  tor 

breeding  purposes  in  the  future,  the  lessees  were  comi)elle<l  to  take 
about  50.000  skins  of  seals  ot  one  or  two  years  <»f  age.  1  at  oiu'e  re- 
jiorted  this  fact  to  the  Secretary  of  the  Treasury  and  advised  the  tak- 
ing of  a  less  number  of  skins  the  following  year.  J'ursuant  to  such  re- 
])ort  the  (io\ crnmcMt  lixcd  u])on  the  nund)er  to  be  taken  as  0(>,()00,  and 
further  ordered  that  all  killingof  seals  u|ion  the  islands  should  stoj)  alter 
the  liOth  day  of  July.  1  was  further  onlered  that  1  should  notify  the 
natives  ui)on  the  Aleutian  Islands  that  all  killing  of  seals  while  coming 
from  oi'  going  to  the  seal  islands  was  juohibited.  These  rules  an<( 
regulations  went  into  elfect  in  1.S90,  and  i)ursuant  thereto  I  posted 
notices  for  the  natives  at  various  points  along  the  .Meutian  chain,  and 
saAv  that  the  orders  in  relation  to  the  time  of  killing  and  number  al- 
lowed to  be  killed  were  executed  ujion  the  islands.  As  a  result  of  the 
enforcement  of  these  regulations  the  lessees  were  unable  to  take  more 
than  1'1,L'3S  seals  of  the  killable  age  of  from  one  to  live  years  during  the 
season  of  1SI>0,  so  great  had  been  the  decrease  of  seal  lite  in  one  year, 
and  it  would  have  been  impossible  to  obtain  00,000  skins  even  if  the 
time  had  been  unrestricted. 

It  is  an  indisjMitable  fact,  and  known  to  the  most  ordinary  breeder  of 
domestic  animals,  that  any  suiplus  of  males  is  a 

])Ositive  injury,  and  results  in  a  progeny  infeiior  Cuatavc  mchaiim,  p.  11. 
in  size,  <]uality,  and  munbers  produced.  The 
tierce  struggles  of  the  suri)lus  male  seals  to  gain  a  foothold  on  the 
breeding  grounds  create  great  disonler  and  coniinotion,  aiul  otten  end 
in  crushing  the  pnjts,  and  sometimes  even  in  killing  the  nu)thers.  This 
was  so  well  understood  by  the  IJussians  that  long  belbre  the  cession  of 
Alaska  they  ordei'cd  the  sliuighter,  we  are  tohl  by  Veniaminof,  of  the 
superannuated  males,  in  ordci  to  clear  the  way  tor  vigorous  stock. 

During  those  years  the  sealing  season  commenced  about  June  1st  to 
4th  and  chtsed  invariably  before  the  L'Otli  of  July, 
so  that  the  distuibance  to  the  herd  was  confined    ][.  o.  oih,  p.  86. 
to  the  shortest  possible  period  of  time  and  reduced 
to  the  mininuini.    The  ellect  of  this  was  of  course  most  excellent.     In 
addition  to  which  fact  the  skins  weie  always  in  prime  condition  during 
that  period;  wher<,'as,  later  on,  the  "stagey"  season  commences,  when 
the  skins  are  inferior  and  not  nunketable. 

The  practice  formerly  prevailed  of  permitting  the  native  people  to 
kill  a  very  considerable  number  of  four  months' 
old  pups  for  food.     This  was  done  al)ont  Novein-    //,  a.  nth,  j).  87. 
ber  in  each  year,  the  numbers  .so  killed  being  r),000 
on  kSt,  I'aul  island  and  l.oOO  on  St.  tieorge  Island.     After  observation 
and  study,  J  siitislied  n.yself  that  the  nund)er  of  puj>  .seals  so  killed 
might  i»roperly  be  diuunished  somewiiat,  although  it  could  oidy  be  dune 
ag.iinst  strong  oitjiosition  <>n  the  part  of  the  native  ]>eople,  who  are 
specially  partial  to  tin;  nu'atof  imp  seals,  chiiming  that  for  i)urpo,sesot 
salting  and  jtreservation  for  winter  food  the  meat  of  the  older  seals  is 
unlit.     1.  h<»wever,  restricted  the  killing  of  pujjs  to  .'{,000  on   St.  Paul 
Island  an<l  1,000  on  St.  (ieorge  Island,  ui)on  the  condition  and  agree- 
ment on  the  part  of  the  Alaska  Cominercial  Comx)any,  which  also 


234 


THE   SEALS. 


fiivored  the  restriction,  that  it  Mouhl  sui)i>ly  to  the  native  people,  in 
lieu  ot'the  ]nip-seal  meat  taken  away,  a  sullieient  quantity  ot  eoriied 
beef  and  canned  milk  to  satisfy  the  wants  of  the  inhabitants.  Defer- 
ence was  always  i)ai<l  to  the  wants  and  the  fixed  tastes  of  the  native 
peo]>le  ami  their  families  in  this  matter  of  snpplyiiiji' younj;'  seal  meat 
lor  their  subsistence,  for  the  reason  that  the  entiie  seal  industry  at 
these  islands  has  always  dei>ended  in  so  lar.tic  a  measure  upon  the  skill 
and  labor  of  these  people,  who  have  invariably  been  employed  to  take 
the  skins,  and  have  no  other  occu]»ation  whatever. 

It  has  been  said  that  man  can  do  nothinfi'  to  facilitate  the  propajjation 

of  the  fur  seal.     My  <'Xperience  does  not  su|>])ort 

J.  C.  ncclj)aih,}).ir>'2.     this.     Tlie  reservation  ol  females  and  the  kiilinj; 

of  the  sur])bis  males,  so  tliat  each  bull  can  have  a 

reasonable  number  of  cows,  is  more  advantajie  to  the  "•rowtli  of  the 

rookeries  than  when  in  a  state  of  nature  bulls  killed  each  other  in  their 

eftbrts  to  secure  a  single  <!ow. 

Prof.  H.W.Elliott  says,  in  his  report  of  1874,  that:  ''Withrejrard  to  the 
increase  of  seal  life,  I  do  not  think  it  within  the 

Leon  Sloss,  p.  92,  power  of  human  management  to  i)ronjote  this  end 

to  the  slij>htest  a]»preciable  degree  bej'ond  its 
present  extent  and  condition  in  a  state  of  nature." 

If  he  means  by  the  woids  "  in  a  state  of  nature,"  a  condition  in  which 
no  slaughter  is  allowed,  I  (piite  agree  with  him;  but  I  donot  agr<H' tiiat 
the  increase  <'an  not  be  aided  by  killing  surplus  bulls.  When  herded 
in  common  ]tasture,  the  gicatest  number  of  progeny  J'rom  our  domestic 
aninnils  will  un(iuestionaltly  be  brought  furth  and  live  to  adult  age  if  a 
large  i)ortion  of  the  males  have  been  killed  or  castrat«'d.  The  same  no 
doubt  holds  good  with  respect  to  seals.  It  is  only  when,  as  in  the  case 
of  the  seals,  that  the  mothers  and  young  oii'spring  are  slaughtered  that 
the  increase  is  checked. 

MANKER  OF   TAKING. 


Page  155  of  The  Case. 


(Sconlao  "Driving,"  "Ovcnlrivinp 


anil  ri'diiviiiL'."  "  IniprovementB  over  Rimsi.nn  mrthods  of  tail- 
ing," iinil  ••  Ivilling.  ) 


The  present  system  of  taking  seals  on  the  islands  in  vogue  and  prac- 
ticed by  the  lessees  under  governmental  sajfcr- 
Johf}  C.Cantwen,pA08.  vision  is,  in  my  opinion,  the  best  that  can  be  de- 
vised for  building  up  and  perpetuating  this  great 
industry. 

I  became  very  familiar  with  the  methods  em])loyed  by  the  natives  in 
taking  the  bachelor  .seals,  which  are  the  only  ones 
H.  A.  Cliddcii,  p.  no.     killed  on  the  islands,  and  I  do  m)t  believe  any 
improvement  could  be  nnule  in  the  methods. 


Sealing  cm  Eobben  Island,  in  the  Eussian  group,  was  prohibited 
a  ])eiiod  of  live  years  lor  the  purpo.se  of  enc 


roup,  was  prohibited  for 

I'our- 

JohnM<flotmiiski/,pA[}S.',\ix\ujr  fiio  increase  of  the  herd,  but  their  i)ro])aga- 

tion  was  interrui>ted  by  the  frecpient  attemi)ts  of 

poachers  to  raid  the  rookeries,  and  1  believe  that  4,000  (U-  5,(MI0  seals 

were  killed  by  the  marauders  whUe  we  were  attempting  to  promote 

the  growth  of  the  herd. 


people,  in 
of  coniod 
is.  Dcfer- 
lio  native 
seal  meat 
(liistry  at 
'11  the  skill 
i!il  to  take 


opa  nation 
)t  sup]>ort 
lie  killiiif; 
an  have  ii 
•til  of  tlie 
til'  ill  tlieir 


aid  to  the 
itliiii  the 
B  tliiseiid 
Bj'oiid  its 

1  ill  which 
ifti'eetiiat 
Ml  herded 
<loiiiestic 
t  ajue  if  a 
i  same  no 
1  tlie  case 
ered  that 


ho(l8  of  tnk- 

iid  prac- 
il  super- 
be  de- 
lis great 


itivesin 
Illy  ones 
eve  any 
ds. 

>ited  for 
eiicour- 
ropaga- 
iiipts  of 
IK)  seals 
)romute 


MANNER    OF    TAKING. 


235 


I  have  hoard  it  said  that  tlie  seals  are  slaughtered  indiscriminately 
on  the  seal  islands,  and  tliat  the  natives  take  no 
care  of  the  seals.  Tlie  contrary  of  this  is  true.  Anton  .}nioi-cdof,p.U2. 
Kules  could  hardly  be  made  any  more  stringent 
than  the  rules  laid  down  by  the  Government  and  company  oiruiers  for 
the  care  and  nianagemeiit  of  the  seals,  and  no  peiiple  could  be  more 
careful  in  obeying  tlieni  in  letter  and  spirit  than  what  ours  are. 

In  1871  I  visited  the  islands  and  diroiited  the  policy  and  practice  to 
be  iiursiu'd  under  the  lea^e.     In  tliis  pursuit  I  of 

course  became  conyers^u.t  with  all  the  details  of  ^fi;-,^;';-::;;//;:'"' 

tlie  business.     Uiider  the   uussian  regime  upon 

the   Commander   Islands  prior  to    1S(»S   the    number  of  seals  taken 

aiinually  did  not  exceed  about  5,000,  tiie  skins  of  which  were  dried  for 

market. 

The  methods  employed  in  taking  the  skins  are,    l>aiiiel  IFcbater, p.  183. 
in  my  oi)inion,  the  best  that  can  be  adopted. 

DRIVING. 
Pnco  155  of  Tlic  Case. 

I  was  also  instructed  to  use  the  greatest  care  and  caution  in  driving 
and  killing  the  bachehtr  seals  in  order  not  to  in- 
jure those  not  wanted  for  their  skins,  but  to  drive    George  Ii.  Adamg,  p.  157. 
them  back  frcun  the  killing  grounds  into  the  sea. 


fr.  C.  Allis,p.  97. 


The  same  care  was  exeritised  in  cutting  out  the 
drove  of  "bachelor"  or  kilhible  seals  from  thebor- 
dersof  a  rookery  and  in  bringing  them  up  to  the  killing  ground.  Active 
young  men  were  selected  for  this  service,  and  idacediii  charge  of  a  chief, 
whose  orders  they  implicitly  obeyed. 

The  driving  was  done  mostly  in  the  night,  and  in  dry  or  warm 
weather  was  a  slow  and  tedious  process;  yet  the  men  were  very  patient 
Avith  their  charge,  moving  them  only  at  such  rate  as  tiiey  could  go 
without  becoming  overheated,  and  taking  advantage  of  every  stretch 
of  moist  ground  or  pool  of  wat<'r  to  cool  them  olf,  and  sometimes  going 
themselves  in  the  water  up  to  their  necks  in  order  to  give  the  animals 
a  cold  batii  and  take  them  out  of  the  water  aiul  continue  the  journey. 
Any  representation  that  the  seals  were  overdriven  or  overheated,  to  their 
subseciueiit  injury,  is  drawn  frimi  tin;  imagination.  Sometimes  a  drove 
would  be  caught  upon  a  dry  stretch  of  ground  in  unusually  warm 
weather,  and  a  few  of  them  perish,  but  this  did  not  oftiMi  happen. 

The  driving  and  killing  of  the  baiihelor  seals  was  always  carried  on 
in  the  most  careful  manner,  and  during  my  stay 
upon  the  islands  there  was  practically  no  injury    Charlvs  linjant,  p.S. 
caused  to  seal  life  by  overdriving,  and  after  IST.'i, 
wIh'ii  JKU'ses  and  mules  were  introduced  by  the  lessees  to  tiaiisport  the 
skins,  the  seals  were  not  driven  as  far,  killing  grounds  being  estab- 
lished near  the  hauling  grounds,  and  the  h)ss  by  overdriving  was  re- 
duced to  the  fraction  of  I  iter  cent.    *     *    * 

In  all  cases,  at  suitable  intervals  and  before  driving  to  the  killing 
grounds,  the  herd  was  halted  and  the  males  of  5  yea,vs  old  or  older  were 
allowed  to  escape. 


236 


THE   SEALS. 


All  the  drives  are  niidcr  the  care  of  the  chief,  and  my  men  never 
<lrive  too  fast.     No  drive  on  St.  Paul  Island  hniger 

Karp  Bnterin,  p.  iw.  ^Y\n^^  2  miles.  We  never  nialie  more  than  two 
drives  from  the  same  rookery  in  one  week.    *    *     * 

No  seals  .are  injnred  by  ilrivinjjf,  for  we  drive  very  slow  and  only 
when  the  weather  is  cool.  Once  in  awhile  one  may  be  smothreed  and 
we  skin  it  and  count  the  skin  along  with  the  others. 


In  a  "drive"  the  natives  drive  tlie  seals  from  the  hauling  grounds  a 
little  way,  separate  the  young  killable  males,  and 
S.  N.  Bmin\i8hi,  p.  21.   allow  the  remainder  to  return  to  the  water  or  the 
hauling  grounds.    Then  these  young  males  so  se- 
lected are  driven  to  the  killing  grounds  and  there  dispatched  with  clubs. 
During  the  entire  time  I  was  on  the  islands  1  never  saw  a  single  seal 
killed  by  overdriving. 


The  driving  of  the  male  seals  to  the  killing  grounds  was  done  very 
careluUy.    If  the  weather  was  warm  or  dry  they 
H.  N.  Clark,  p.  159.    ^yjij.^.  allowed  frequent  opportunity  to  rest.    I  am 


sure  the  driving  did  not  hurt  them  in  the  least. 


Under  the  direction  of  Mr.  Redpath  on  St.  Paul,  and  Mr.  Webster 
o«i  St.  George  islands,  men  who  have  superin- 

W.  C.  Coiihon,  p.  414.  tended  this  work  for  many  years,  the  natives  do 
the  driving,  and  the  killing  is  performed  under 
the  supervision  of  the  Government  agents.  The  natives  understand 
just  how  much  fatigue  can  be  endured  by  the  seals,  and  the  kind  of 
weather  suitable  for  driving  and  killing;  no  greater  inecaution  in  that 
regard  can  be  taken.  The  evidence  of  this  is  in  the  small  percentage 
of  animals  injured  or  overheated  in  these  drives.  I  do  not  believe  tlie 
.animals  are  much  frightened  or  disturbed  by  the  process  of  selecting 
the  drives  from  the  rookeries,  nor  do  I  think  it  has  a  tendency  to  scare 
the  animals  away  from  the  islands. 

I  have  often  observed  the  driving  and  killing  of  the  seal  on  the  is- 
lands by  the  former  lessees,  the  Alaska  Commer- 
M.  C.  Erskine,  p.  422.     <'iid  Company,  and  I  know  the  company  required 
the  seals  to  be  handled  with  great  care,  and  that 
the  instructions  from  the  company  were  to  that  effect  and  rigidly  en- 
forced. 


While  I  was  on  the  island  I  became  familiar  with  the  methods  of 
driving  and  handling  the  bachelor  seals  i)ursued 

Sam],  Falcmcr,  ly.lQl.  by  the  natives,  who  were  the  only  persons  who 
ever  drove,  handled,  or  killed  these  seals.  I  am 
positive  the  methods  can  not  be  improved  upon.    *     *     * 

The  greatest  care  was  always  taken  not  to  overheat  the  seals  in  driv- 
ing them,  and  when  a  seal  was  by  accident  smothered  the  skin  was  re- 
moved and  counted  in  the  number  .allowed  to  be  taken  by  the  lessees. 
There  were  not,  to  the  best  of  my  recollection,  twenty-five  seals  killed 
during  any  one  season  on  St.  George  by  overdriving. 

Whenever  the  sun  came  out  while  a  "drive"  was  in  progress  the 
driving  at  once  ceased,  so  great  was  the  care  taken  not  to  overheat 
the  seals. 


DRIVING. 


237 


men  never 
liuul  longer 
J  than  two 

V  and  only 
threed  and 


gronnda  a 
males,  and 
uter  or  the 
lales  so  se- 
witli  clubs, 
single  seal 


done  very 
>v  dry  they 
est.    I  am 


\  "Webster 
e  super!  n- 
natives  do 
lied  under 
nderstand 
le  kind  of 
|on  in  that 
orcentage 
lieve  the 
selecting 
y  to  scare 


on  the  is- 
Coininer- 
required 
and  that 
gidly  eu- 


ethods  of 

])ursued 

ions  who 

I  am 

s  in  driv- 
I  was  re- 
?  lessees. 
Is  killed 

ress  the 
)verheat 


I  have  driven  seals  from  all  the  rookeries  and  under  the  directions  of 
several  chiefs,  and  I  know  the  orders  were  always 
very  strict  about  the  care  we  must  take  of  the   '^ohn  Fratis,  p.  107. 
seals  on  the  road.    No  drives  were  made  in  warm 
weather;  the  seals  were  not  hurried,  but  every  once  in  awhile  they 
were  allowed  to  stop  and  rest.    The  men  who  did  the  driving  were 
relieved  from  time  to  time,  so  that  no  man  should  get  too  cold  on  tiio 
drive,  and  when  the  sun  came  out  warm  the  drive  was  always  aban- 
doned and  the  seals  allowed  to  go  into  the  sea.     I  never  saw  the  seals 
overdriven  or  overheated,  nor  have  I  ever  seen  a  seal  die  on  the  drive, 
except  one  or  two  occasionally  smothered. 

The  drivers  carry  their  kni\es  along,  and  when  a  seal  dies  they  skin 
him  and  the  skin  is  brought  to  the  salt  house  and  counted  in  with  the 
others. 

An  overheated  seal  would  not  be  worth  skinning,  and  for  tliat  reason 
the  companj'^  agent  is  particular  that  the  seals  are  not  overheated.  I 
have  clubbed  seals,  too,  and  at  present  I  am  a  regular  clubber. 

The  driving  from  the  hauling  grounds  to  the  killing  grouiuls  was 
always  conducted  with  the  greatest  care;  was 
done  at  night  or  very  early  in  the  morning,  slowly  n.  A.  Gliddcn,  p.  no. 
and  with  frequent  rests,  so  that  the  seals  miglit 
not  become  overheated.  During  the  killing  tlie  merchantable  seals 
were  always  carefully  selected.  Xo  females  were  killed,  excei>t,  per- 
haps, one  or  two  a  season  by  accident,  and  the  remainder  of  the  lierd 
were  allowcr!  to  return  to  the  water  or  hauling  grounds.  Very  few 
seals  were  killed  in  a  "drive,"  and  the  skins  of  these  were,  in  nearly 
every  case,  retained  and  counted  in  the  quota  allowed  to  be  taken  by 
the  lessees.  The  number  of  seals  killed  in  this  way  could  not  i»ossibly 
have  affected  seal  life  on  the  island.  1  never  saw  or  heard  of  a  <^ase 
where  a  male  seal  was  seriously  injured  by  driving  or  redriving;  and 
I  do  not  believe  that  the  virility  of  males  driven  was  destroyed  by 
climbing  over  the  rocks  or  .affected  in  any  way  by  driving.  Certainly 
the  re[)roductive  powers  of  male  life  on  the  islands  Avere  never  de- 
creased or  impaired  by  these  methods. 

Another  fact  in  this  connection  is  that  the  lessees  located  the  killing 
grounds  as  near  the  hauling  grouiuls  as  seemed  to  be  prudent  without 
disturbing  the  breeding  of  the  rookeries;  that  boats  and  teams  were 
provided  for  transporting  the  skins  to  the  salt  houses  from  the  killing 
grounds,  thus  avoiding  louf  "drives." 

The  methods  employed  in  handling  the  drives  are  the  same  identi- 
cally as  of  twenty  years  ago.    The  same  methods 
were  observed  when  I  lirst  went  to  the  islands,     jr.  s.  Ueveford,  p.  36. 
and  were  in  vogue  during  the  period  that  I  re- 
ferred to  as  an  actual  increase  in  seal  life,  ami  have  been  contiiuied  up 
to  the  present  times.    There  is  nothing  different,  except  the  enormous 
increase  of  vessels  and  hunters  engaged  in  pelagic  sealing  in  Bering 
Sea. 

The  killable  seals,  after  being  separated  from  the  remainder  of  the 
herd,  are  driven  by  the  natives  to  the  killing 
gnmnds.    After  every  "drive"  that  took  place    Louis  Kim mol,  p.  173. 
while  I  was  on  the  island  1  went  back  over  the 
ground  along  which  the  seals  had  been  driven  to  see  if  any  seals  had 
beeu  killed  "oy  overdriviug.    The  eutire  uumber  of  seaU  kiUeil  iu  ^41 


238 


THE   SEALS. 


these  "drives"  did  not  exceed  one  lmndi'<Ml,  and  tlie  majon'ty  of  them 
were  killed  by  the  large  seals  crnshinjj  the  smaller  ones  to  death.  In 
every  <5ase  of  a  seal  being  killed  on  the  "drive,"  1,  as  (lovernment  agent, 
imposed  a  fine  in  order  that  they  might  be  more  carcrul  in  the  future. 
And  I  renieniber  when  I  was  first  rated  a  man,  some  twenty-three 
years  ago;  it  was  when  Kerrick  Buterin  was  chief,  and  he  xised  to  fol- 
low us  up  when  we  went  to  drive  seals,  and  tell  us  to  walk  along  as 
slow  as  we  could,  so  as  not  to  tire  the  seals  or  worry  them  in  any  way. 

"When  we  used  to  kill  85,000  seals  in  two  months  we  had  to  work  hard, 

and  we  had  to  go  out  at  night  to  drive,  so  that 

Jacob  Eotchooten,  p.  131.  the  seals  should  not  be  hurried,  nor  driven  in 

the  daytime  when  it  was  warm.  Jn  those  days 
seals  were  driven  from  Halfway  Point  to  the  village,  when  the  ground 
was  wet,  a  distance  of  about  (5  miles,  and  w(5  used  to  start  the  (lri\e  at 
6  o'clock  at  night,  aiul  get  into  the  village  between  G  and  7  o'clock  next 
morning.    *    *    * 

The  drives  are  always  made  by  our  owu  i)eople,  under  the  direction 
of  the  chiefs. 


,5' 


Copper  Island  is  some  30  miles  long  and  from  1  to  3  miles  wide. 
The  rookeries  lie  on  the  easterly  and  the  village 

C. 2*'. ^TOiJi:re6a,i).  196.  and  killing  grounds  on  the  westeily  side  of  the 
island.  Between  the  rookeries  and  the  killing 
grounds  a  continuous  ridge,  ranging  from  a  few  hundred  to  2,000  feet 
in  height,  runs  the  whole  length  of  the  island.  Over  this  ridge,  at  a 
point  where  it  reaches  about  000  or  700  feet  in  height,  all  the  seals  are 
driven,  the  journey  requiring  from  Ave  to  twenty-lour  hours,  depending 
upon  the  weather.  The  practice  of  thus  driving  them  has  been  pursued 
ever  simje  the  earliest  history  of  the  business.  Many  f)f  the  svals  are 
repeatedly  driven  and  redriven  over  this  trail  in  a  single  summer,  but 
I  have  never  seen  any  injury  to  them  from  the  exertion  to  which  they 
are  in  this  way  subjected.  The  statement  of  an  expert  that  the  virility 
of  the  seal  is  sapped  and  his  i)owers  of  reproduction  in  any  way  weak- 
ened by  such  redriving  is  not  borne  out  by  the  facts.  On  the  contrary, 
the  steady  and  rapid  increase  of  the  herd  at  Copper  Island,  already 
pointed  out,  again  proves  the  old  adage  that  in  this  matter,  as  in  others, 
"  theory  is  everywhere  good  excei)t  in  practice." 


"J'j  i 


Pi 


The  driving  is  all  done  by  our  own  people  under  direction  of  the 

chiefs  and  we  never  drive  faster  than  about  half 

NicoU  Krukoff,  p.  133,    a  mile  in  one  hour.    We  very  seldom  drive  twice 

from  one  rookery  in  one  week.    *    *    * 
I  never  saw  a  seal  killed  by  overdriving  or  by  overheating;  odd 
ones  do  die  on  the  drives  by  smothering,  but  their  skins  are  taken 
by  the  company  and  are  counted  in  with  the  others. 

I  have  been  told  that  there  are  persons  who  claim  we  are  not  careful 

in  driving  seals  and  that  we  kill  them  regardless 

Aggei  Kuahen,  p.  129.    of  sex.    These  statements  are  not  true.    I  have 

taken  my  turn  at  driving  seals  from  the  hauling 

to  the  killing  grounds  every  yetir  si''?.e  1870,  and  I  know  the  driving  is 

very  carefully  done.    When  I  first  came  here  seals  used  to  be  driven 

from  Halfway  Point  to  the  village,  a  distance  of  about  0  miles;  and 

from  Zapadnie  to  the  village,  a  distance  of  nearly  5  miles.    W  et.  or  very 

dampi  cool  weather  was  choseufor  such  drives,  and  we  started  tUa  diive 


ity  of  them 
<leath.  In 
nK'ntsiftent, 
the  future. 
A'enty-three 
used  to  fol- 
ic along  as 
n  any  M'ay. 

work  hard, 
ive,  so  that 
■  driven  iu 
those  days 
tlie  {ground 
he  drive  at 
i'clo(;k  next 

e  directiou 


miles  wide, 
the  village 
<ide  of  the 
the  killing 
)  2,000  feet 
ridge,  at  a 
e  seals  are 
depending 
Ml  pursued 
e  stfals  are 
miner,  but 
'hich  they 
he  virility 
way  weak- 
contrary, 
d,  already 
ill  others, 


on  of  the 

ibout  half 

ive  twieo 

tmg;  odd 
are  taken 


ot  careful 
egardless 
I  have 
hauling 
Iriving  is 
)6  driven 
iles;  and 
t.  or  very 
tlistUiv© 


DRIVING. 


239 


at  or  about  G  o'clock  at  niglit  and  driving  all  night  reached  the  village 
at  from  6  to  8  o'clock  next  morning. 

Half  a  mile  in  one  hour  was  about  the  rate  of  speed  on  such  drives 
in  favorable  wather  and  I  do  not  know  of  any  drives  of  over  two  miles 
where  we  ever  went  at'a  greater  speed.     *     *     • 

Tlie  seals  are  never  driven  at  a  greater  speed  than  one  mile  in  three 
hours;  and  the  men  who  do  the  driving  have  to  relieve  each  other  on 
the  road  because  tliey  travel  so  slowly  they  get  very  cold. 

In  a  very  lai'ge  drive  a  small  seal  may  be  smothered,  but  that  does 
not  inju -e  the  skin,  which  is  taken  and  salted  and  c(mnted  to  the  lessees ; 
and  tlie  greatest  number  I  ever  saw  die  on  the  drive  was  twenty  out  of 
a  drive  of  about  nine  thousand  seals,  and  the  twenty  skins  were  good 
and  were  accei)ted  as  "first-class." 

While  I  was  on  the  islands  I  attemled  nearly  every  "drive"  of  the 
bac'helor  seals  from  the  hauling  grounds  to  the 
killing    grounds,  and  these  "drives"  were  con-    Abial  P.  Loud,  p.  38. 
ducted  by  the  natives  with  gieatcare,  and  no  seals  • 
were  killed  by  overdriving,  plenty  of  time  being  always  given  them  to 
re.st  and  cool  off.     A  few  were  smothered  by  the  seals  climbing  over 
each  other  when  wet,  but  the  number  was  very  inconsiderable,  being  a 
fraction  of  1  per  cent  of  those  driven,  and  did  not  to  any  extent  aliect 
the  seal  life  on  the  islands.    The  greatest  care  was  always  taken  to 
avoid  overdriving  both  by  the  Government  olUcers  and  emi)loytis  of  the 
lessees. 

That  during  my  experience  I  have  watched  carefully  the  driving  of 
the  bachelors  from  the  hauling  grounds  to  the  kill- 
ing grounds;  that  there  has  never  been  any  varia-    n.  IT.  Mclnfyre,  jy.  45. 
tion  in    the  methods  of  dj'iving;  that    the  pre- 
vention of  injury  to  the  seals  from  driving  was  kept  constantly  in  mind 
and  the  greatest  care  exercised  that  no  isU(^h  injury  occurred;  that  the 
number  of  seals  killed  by  overdriving  or  by  sm(»thering  was  very  incon- 
siderable at  all  times,  and  that  said  seals  so  killed  could  not  make  any 
appreciable  ditt'eience  in  tlie  number  of  seals  who  breed  and  haul  ujion 
the  said  islands;  that  up  to  1882  there  was  no  ditticulty  iu  jnocuring 
the  required  number  of  killable  seals. 

The  drove  was  frequently  allow.  mI  to  rest,  and  whenever  practicable 
driven  through  some  of  the  numerous  ponds,  or 
across  marshes,  to  keep  them  cool.    Generally  the    //.  n.  Mcfnti/ye,  p.  49. 
loss  of  life  from  the   "drive"  was  very  small, 

amounting,  after  the  tirst  two  or  three  years,  to  only  a  fraction  of  1  per 
cent  of  the  number  killed.  And  nearly  all  that  jierished  on  the  road 
were  skinned,  and  the  pelts  counted  iu  our  annual  quota. 

In  describing  the  habits  of  the  seals  it  has  already  been  pointed  out 
that  the  "bachelors,"  or  killable  sea?s,  haul  nut 
ui>on  the  land  separate  and  apart  from  the  breed-  '^-  ^-  ^i^f^"'//'c,/>.  S4. 
ing  rookeries,  and  it  follows  that  they  may  be  herded  together  and 
driven  in  from  the  beaches  to  the  killing  grounds  without  in  the  least 
disturbing  the  breeding  seals.  During  the  killing  season,  beginning 
the  1st  of  June,  or  as  soon  as  the  seals  arrivt^  thereafter,  it  is  custom- 
ary for  the  superintendent  to  ascertain  the  day  before  a  drive  is  to  be 
made  where  the  killable  seals  lie,  and  to  instruct  the  chief  in  the  eveu- 
ing  ill  yegard  to  the  work  for  the  following  day. 


240 


THE   SEALS. 


At  (laybroak,  about  1  or  2  o'clock  in  tlio  moniiiifj,  the  oliiof  calls  a 
.suni(Mciit  number  of  men,  usnally  from  six  to  twi'hc,  and  leads  tlicm  to 
the  desijfnated  beach.  They  ajuiroach  the  hauling  ground  a.s  noise- 
lessly as  possible,  keepinj;  to  the  leaward  of  the  seals  until  n  ]K)int  is 
reached  whence  the  "run  "  is  to  be  made,  when*,  at  the  W(»rd,  all  move 
at  the  top  of  tlieir  speed  alonjj  the  ed^ic  of  the  suif  and  take  intervals, 
like  a  skirmish  line  of  soldiers,  between  the  seals  and  the  water,  at 
the  same  time  making  such  demonstiations  by  swin<iiii<>'  the  arms, 
tlourishing  caps  and  coats,  or  beatinji' bones  or  sticks  tojuether  as  to 
alarm  the  animals  and  cause  them  to  rush  inland.  The  dro\  e  is  quickly 
collected  and  brought  together  in  one  mass.  \Vlien  it  lias  moved  a 
short  distance  from  the  water  it  becomes  perfectly  jnanageable  and  is 
then  divich'd  into  detachments  of  500  to  1,000  seals;  each  detachment 
is  phu'cd  by  the  chief  in  charge  of  a  trusty  man,  who,  aided  by  two 
assistauts,  one  on  each  flank  and  himself  in  the  rear,  brings  his  drove 
along  toward  the  killing  grounds  at  a  speed  varying  irom  a  few  rcnls  to  a 
mile  an  hour,  in  accordance  as  the  weather  may  be  hot  and  dry  or  nu>ist 
and  cool.  If  the  chief  is  ellicient  and  projierly  instructed,  the  seals  are 
at  the  killing  ground  by  o  or  0  oN-lock  in  the  nioiiiing,  ami  are  given 
an  hour  or  two  to  rest  and  cool  before  the  gang  tiuns  out  alter  break- 
fast for  the  day's  work. 

Thehmgest  drive  made  during  recent  years  is  thatfnmi  English  Bay 
to  the  village  on  St.  Paul  Island,  abcait  2.^  miles.    *    *     * 

In  driving,  advantage  is  taken  of  every  snowbank,  small  lake,  or 
stretch  of  marshy  ground  to  rest  and  <'ool  the  drove;  and  if  very  hot 
and  dry  or  the  sun  breaks  out,  it  is  kept  in  a  cool  i)lace  until  the  con- 
ditions chang<\  Sometimes  the  i)ractice  of  driving  the  seals  in  the 
afternoon  and  evening  of  the  day  beibre  tliey  are  to  be  killed  has  Ix'en 
folloAved.  In  this  case  one  herdsman  through  the  night  is  sutticient  to 
iwevent  their  escaping. 

The  fur-seals  do  not:  travel  on  the  land  with  that  ease  of  locomotion 
chara<'teristi(^  of  purely  laud  animals,  but  on  the  other  hand,  they  move 
Avith  great  freedom  compare<l  with  other  s])e(!ies  of  seals.  Their 
enforced  action  on  the  drive  is,  as  a  rule,  but  litth'  more  violent  than 
they  voluntarily  take  upon  the  rookeries  when  moving  up  and  down 
the  sh)pes  and  playing  with  each  other. 

There  are  generally  in  each  drive  a  few  bulls,  full  grown  or  nearly  so, 
too  large  for  killing,  aiul  occasionally  a  dwarf  or  sickly  seal  and  rarely 
a  leinale,  all  of  which  are  segregated  from  the  mass  as  soon  as  possible 
and  left  behind  to  find  their  way  back  to  the  w  ater.  IMuch  de])e]ids  in 
driving  upon  the  good  judgment  of  the  nmn  in  charge  as  to  when  and 
how  long  they  should  be  allowed  to  rest,  and  in  keeping  the  herd  spread 
out  so  as  to  prevent  the  animals  from  huddling  together  and  crowding. 
With  proper  management,  the  loss  from  driving  is  but  a  fraction  of  1 
per  cent,  and  nearly  all  are  skinned  and  the  skins  counted  as  a  part  of 
the  annual  quota.  The  animals  that  are  found  unflt  for  killing  and  are 
allowed  to  return  to  the  water  to  be  repeatedly  driven  later  in  the  sea- 
son, suffer,  in  my  opinion,  no  injury.  I  have  seen  it  stated  by  theorists 
with  little  or  no  practical  experience,  that  the  exertions  to  which  the 
seals  are  subjected  on  the  drives  is  unusual  and  excessive;  and  they 
infer  that  it  nuist  injure  the  animal's  reproductive  usefulness.  With 
more  extended  observation  aiul  experien(!e  they  v.ould  discover  that 
such  is  not  the  case.  The  best  practical  illustration  of  this  fact  is  found 
on  Copper  Island  of  the  Commander  group  where,  for  the  past  twenty 
years  or  more,  it  has  been  customary  to  drive  nearly  all  the  seals  over 
a  very  vough  moimtftia  trail  across  the  islauU,  and  U)  practice  ^lie  samQ 


iof  rails  a 

Is  thcMi  to 

as  iioisc- 

if  I)()iiit  is 

,  all    1IK)V(5 

iiiti'i'vals, 
water,  at 
tlie  {inns, 
lier  as  ti> 
is  quirkly 
I  niovt'd  a 
)]<;  aiHl  is 
'taf'liincnc 
(1  bv  two 
his  drove 
f rods  to  a 
y  or  moist 
i  seals  are 
arc  given 
or  bieak- 

glish  Bay 

1  lake,  or 
■  very  iiot 
1  tlie  eon- 
ils  in  llio 
has  been 
tticient  to 

eotnotiou 
ley  iiiovo 
Their 
I'lit  than 

-lid  dowu 

learly  so, 

d  rarely 

possible 

)ends  in 

len  and 

d  spread 

'owding. 

ion  of  1 

I  part  of 

and  are 

the  sea- 

heorists 

lich  the 

nd  they 

,    With 

t'cr  that 

s  fonnd 

twenty 

[lis  over 


DRIVING. 


241 


methods  in  the  killing  that  we  have  piirsned  at  the  Pribllof  Islands, 
with  the  result  of  eonstantly  and  healthfully  increasing  the  herd. 
That  seals  are  occasionally  injured  or  lost  by  improper  handling  is  no 
sunicient  reason  for  abandoning  a  system  of  management  which  proves 
satisfactory  when  properly  administered.  These  theorists  apparently 
fliKl  it  vw'y  easy  to  criticise  the  management  of  the  seals  without  sug- 
gesting any  way  in  which  to  imitrove  it. 

The  erection  of  "salt  houses"  at  suitable  places  for  curing  the  seal 
skins  was  one  of  the  earliest  works  undertaken, 
and  several  were  erected  at  points  convenient  to    //.  ir.  Mclntyre,  p.  137. 
the  largest  "  hauling  grounds."    In  addition  to 
this  teams  were  furnished  and  skins  hauled  to  the  salting  jdaces  or,  in 
other  instances,  they  were  taken  by  boats,  as  most  convenient. 

Ill  this  manner  the  necessity  for  long  drives  was  obviated  and  the 
work  made  easier  in  all  respects. 

The  polygamous  habit  before  mentioned  naturally  results  in  forcing 
the  young  male  seals  to  "haul"  from  the  sea  by  themselves,  whi<!h 
reinlers  their  ciii)ture  less  diflicult,  as  they  may  be  driven  without  dis- 
turbing tiie  breeding  seals  witli  tlieir  young.  Seals  to  be  killed  were 
usually,  and  as  a  rule,  driven  at  night  or  very  early  in  the  morning 
when  the  grass  or  ground  was  moist  with  dew  or  during  the  jH'cvalence 
of  fog,  and  was  leisurely  ])erformed  under  direction  of  experienced 
hunters,  hence  the  animals  were  sjiared  the  fatigue  of  traveling  on  dry 
ground  at  unwonted  speed. 

When  not  be: ng  driven  their  movements  on  land  are  in  nowise  un- 
certain or  distressing,  aiul  they  are  fre(piently  seen  jcmrneying  of  their 
own  volition  from  one  "rookery"  or  "hauling  place"  to  another  at 
considerable  distance,  especially  when  singly  or  in  small  groups;  they 
catch  on  a  strong  wind  the  scent  of  a  herd  at  a  remote  point  and  set 
out  to  join  it.  In  c<mnection  with  the  work  of  driving  the  seals  at  fre- 
quent intervals  it  was  of  special  int<!rest  to  observe  that  tlu'y  became 
less  wild  or  timid,  and  consequently  could  be  maiifiged  more  easily  iu 
herd. 

The  driving  grounds  on  Copper  Island  are  very  rough  and  hilly  and 
much  more  dilhcult  to  drive  over  than  those  on 

the  Pril)ilof  Islands.  The  drives  are  always  Jno.  MalowanKkt/,  p.  im 
carefully  made,  slow,  with  a  chance  to  rest,  iwd  {Commandir  inlands.) 
foggy  days  are  selected.  I  have  never  been  able 
to  discover  any  injury  to  the  herds  from  these  drives,  nor  do  I  believe 
there  is  any.  'i'he  killable  seals  lierd  by  themselves,  and  until  recently 
we  did  not  dri\ofrom  all  the  hauling  grounds,  but  this  we  have  had  to 
do  in  the  last  t!iree  or  four  years,  because  the  seals  were  getting  scarce 
as  the  resn4t  of  hunting  them  at  sea. 

No  one  ever  said  in  those  days  [before  1808]  that  seals  were  made 
impotent  by  driving,  although  long  drives  had 
been  made  for  at  least  fifty  years.    *    *    •  ^"'o"  ^^eiovedoff,  p  142. 

When  I  tirst  went  on  a  drive  I  remember  how  the  chiefs  talked  to 
me  about  being  careful  of  how  I  went  on  the  haul- 
ing grounds ;  how  I  innst  not  disturb  the  breeding    -4.  Melovedoff,p.  112. 
rookeries,  and  that  I  must  walk  as  sknv  as  I  could 
when  driving,  and  stop  and  let  the  seals  rest  occasionally. 

1  believe  the  same  instructions  were  given  at  all  times  by  the  chlefa 
to  our  people,  and  I  think  they  have  been  generally  very  faithfully 
obeyed. 

16  B  S 


1    'V 


• .( 


242 


THE    SKALS. 


m  1 


i: 


i;'- 


I  know  that  an  lonj;  ns  I  can  reinemlnir  tlie  driviiijf  of  seals  lias  been 

the  most  carelully  done  work  on  tlie  ishmd,  and 

S.  Mrhviihr,  p.  145.      all  the  drives  have  been  done  by  onr  own  jjeople, 

under  the  inniiediate  orders  of  the  native  ehiefs. 

The  aim  at  all  times  of  all  concerned  has  been  to  care  for  and  {{uard 

the  seals,  and  to  do  everything  ]K)ssible  to  preserve  and  i)eri>etuate 

seal  life.    We  were  always  instructed  by  the  chiefs  to  drive  slowly,  and 

to  let  the  seals  stop  and  rest  occasionally,  and  if  a  cow  happened  to 

join  the  drive,  we  had  to  allow  her  to  drop  out  and  return  uni.iolested 

to  the  water. 

It  has  been  the  poli<!y  and  i)ractice  of  the  lessees  to  do  everything 
that  c<mld  bo  done  to  shorten  the  lengtli  of  the  drives  whenever  it 
could  be  done  without  injuring  or  disturbing  the  breeding  rookeries, 
and  to  this  end  salt  houses  have  been  built,  teams  and  wagons  or  boats 
used  so  as  to  reduce  the  longest  drive  on  St.  Paul  Island  to  not  to  ex- 
ceed 2  miles.  Never  sin<'e  1879  Inis  a  seal  been  driven  on  this  ish.nd 
to  exceed  that  distance.  In  like  manner  rules  have  been  made  and 
rigidly  enforced  that  no  hauling  grounds  shall  be  driven  from  oftener 
than  twic(5  in  any  one  week,  and  it  is  a  rare  thing  to  drive  more  thaTi 
once  a  week  from  the  same  place. 

ci«,»«..  J/./ ...,-7o..  ^  lAn      There  is  no  foundation  in  fact  for  the  stories 
Simeon  Alelovidov,  p.  146.  .    ,  •,     ,,  ■,   •    •  p        t 

told  01  overdriving  of  seals. 

The  North  rookery  of  Bering  Island  is  in  every  way  rougher  than  any 
I  ol)served  on  the  I'ribilof  Islands.     I  saw  two  of 

N.  n.  Miller,  p.  200.  the  drives  from  the  North  rookery.  One  of  the 
routes  leads  over  the  rough  rookery,  through  the 
shallow  lagoon,  and  up  the  bluff  at  a  place  where  the  angle  is  about  35° 
to  the  grassy  plain  in  front  of  the  temporary  dwellings  of  the  natives, 
a  distance  in  all  of  about  a  quarter  of  a  mile;  the  other  leads  up  the 
bluff  from  the  sand  beach  at  the  western  arm  of  the  rookery,  out  be- 
yond and  back  ofthe^ettlement,  overa  comparatively  level  but  marshy 
and  broken  country,  to  a  distance  of  from  li  to  2  miles.  I  consider 
these  drives  harder  and  rougher  than  those  of  the  Pribilof  Islands. 
The  killing  ground  at  the  terminus  of  the  shorter  drive  is  small  and  did 
not  appear  to  be  used  to  any  extent.  On  June  4th,  1892,  I  landed  on 
and  photographed  Polatka  rookery,  on  the  western  coast  of  Copper 
Island.  This  is  somewhat  similar  to  the  North  rookery  of  Bering  Island, 
but  is  very  much  narrower,  and  instead  of  being  composed  of  loose  rock 
heaps  is  largely  of  great  tilted  masses  of  stratified  volcanic  rock  with 
very  sharp  and  jagged  edges.  It  is  less  than  a  mile  long  and  at  the 
widest  part,  including  the  outlying  rocks,  not  more  than  300  yards  in 
width,  measuring  right  up  to  the  base  of  the  bluff's.  It  lies  at  the  foot 
of  abrupt  cliffs  from  (JOO  to  800  feet  in  height  along  its  wliole  length,  with 
the  exception  of  one  point.  This  is  about  the  center  of  the  rookery, 
where  there  is  a  small  hill  of  hard-packed  sandy  soil  about  60  feet  high, 
back  from  which  a  very  steep  ascending  ravine  leads  to  the  summit  of 
the  ridge,  an  elevation  of  about  700  feet. 

The  drive  from  Polatka  rookery  leads  up  over  this  sand  hill  and 
through  the  ravine;  over  the  ridge,  I  was  informed,  the  rest  of  the  2 
miles  is  on  a  descending  grade  to  the  other  side  of  the  island,  where 
the  killing  ground  is  located.  The  rocks  of  this  rookery  also  did  not 
have  the  appearance  of  being  flipper-worn.  There  were  no  signs  of 
vegetation  on  the  entire  rookery,  and  no  soil  api)arently,  except  on  the 
sandy  hill  at  the  mouth  of  th©  ravine.    1  estimated  abotrt  250  fur  seals 


Is  haw  been 
i Mia  11(1,  and 
wn  iM'ople, 
tive  chiefs, 
and  {;uard 
perpetuate 
slowly,  and 
ippened  to 
ini.jole.sted 

every  tiling 
henever  it 

rookeries, 
ns  or  boats 
)  not  to  ex- 
this  isli;nd 

made  and 
-oin  oftener 
'.  more  tbau 


the  stories 


er  than  any 

saw  two  of 

One  of  the 

Jirouyh  the 

s  about  35° 

he  natives. 

ids  up  the 

iry,  out  be- 

n\t  marshy 

consider 

of  Islands. 

ill  and  did 

landed  on 

of  Copper 

ing  Island, 

loose  rock 

rock  with 

and  at  the 

DO  yards  in 

at  the  foot 

ngth,  with 

rookery, 

)  feet  high, 

summit  of 

d  hill  and 
of  the  2 
ind,  where 
so  did  not 
o  signs  of 
ept  on  the 
0  fur  seals 


DRIVING. 


243 


on  Polatka  rookery,  about  .10  of  them  l)a<'liolors.  I  saw  no  cows,  and 
think  tiiey  hail  not  yet  arrived,  as  ^0  codllsii  weir  landed  on  the  (leeks 
of  the  Alhatrosx,  where  she  lay  witliiii  ")()(>  yards  Ironi  the  shore,  in  an 
hour.  I  think  if  fee«ling  cows  had  been  about  the  rookery,  tlie  llsh 
would  not  have  been  fouml  so  close  t(»  it.  From  an  «'levaU'd  position 
on  Polatka,  I  obtained  a  good  view  of  the  rookery  next  al)ove  it,  called 
I'estcliaiiiii.  The  charactia'  of  tills  is  similar  to  I'olatka,  but  has  a 
sand  beach  adjacent  to  it  where  tlie  bachelors  doubtless  mostly  herd. 
The  drive  from  here,  as  1  was  shown  it,  leads  up  a  shallow  stream  a 
short  distances,  and  then  over  the  mountain  side  to  the  ridg«>,  a  height 
of  fully  SOO  feet,  from  wiiencc!  it  continues  down  to  the  opposite  side 
of  the  island.  Iloth  of  tiiese  drives  on  Copper  Island  are  exceedingly 
hard  and  rough;  I  know  of  none  on  the  I'ribilof  Islands  to  compare 
with  them. 

The  slaughter  of  animals  for  their  skins  was  always  conducted  care- 
fully and  systematically,  and  in  accordance  with 
wise  regulations  looking  to  the  proper  protection     J'lo.  M.  Morton,  p. GS. 
and  <!onservation  of  the  seal  life.    TluMvilling  of 
females  was  prohibited,  and,  fortunately,  a  strict  adherence  to  the  law 
in  this  respect  was  entirely  practiciable  by  reason  of  thc^  factt  that  the 
"bacrhelors''  or  killable  seals  o(!cupy  positions  on  the  islands  separate 
and  apart  from  the  breeding  animals,  so  that  the  latter  were  never  dis- 
turbed in  the  drovd.    There  were  often  driven  to  the  killing  gnmnds 
at  the  ssime  time  as  many  as  two  or  thre*^  thousand  seals,  from  which 
were  selected   without  difliculty  such  animals  as  were  suitable  for 
slaughter,  while  all  others  were  allowed  to  return  to  the  water. 

In  the  matter  of  driving,  great  care  was  exercised  to  i)ievent  over- 
heating and  exhaustion  on  the  road,  and  tlie  loss  of  animals  in  this  re- 
spci't  was  very  slight.  I  may  state  here  tliat  I  have  never  setui  any 
evidence  that  the  seals  derived  any  material  injury  from  their  overland 
trip  to  the  killing  grounds.  It  has,  I  believe,  been  claimed  by  some 
one  writing  on  the  subject,  that  the  large  seals  which  have  been  thus 
driven,  an«l  subsequently  in  the  culling-out  process  dismissed  from  the 
herd  and  permitted  to  return  to  the  water,  suffer  a  loss  of  virility  lU" 
the  power  of  jirocreation  by  their  Journey.  Such  statement  seems  to 
me  to  be  puerile  and  altogether  unworthy  otsericais  consideration.  As 
1  have  said,  the  driving  was  done  carefully,  and  without  undue  haste, 
and  while  an  animal  might  oc(!asionalIy  succumb  to  the  heat  of  an  un- 
usually warm  day,  as  a  rule  the  physical  exertion  called  for  on  the 
part  of  the  seals  on  these  enforced  Journeys  was  not  greater  than  they 
customarily  put  forth  in  tlieir  voluntary  ramblings  over  the  dunes  and 
rocks  of  the  islands.  Indeed,  the  mortality  among  the  seal  life  from 
whatsoever  cause,  outside  of  that  incident  to  the  killing  of  the  animals 
for  their  skins,  was  always  surprisingly  small,  and  could  not  have 
att'eeted  the  rookeries  in  any  appreciable  manner. 

While  on  the  islands  I  observed  with  great  care  the  manner  of  driv- 
ing and  handling  the  young  male  seals  allowed 
by  law  to  be  killed  for  their  skins,  and  I  am  con-    J^-  B.  Moulton,  p.  72. 
vinced  the  methods  now  in  use  on  the  islands  can 

not  be  improved  upon,  and  especially  because  all  the  driving  is  done 
by  the  natives,  who  from  generation  to  generation  have  made  this 
their  only  business,  being  trained  m)  to  it  from  boyhood.    Every  pre* 


'":i 


9^m 


244 


THE   SEALS. 


cuntion  \h  taken  in  drivhif;  not  to  ovorlifnt  or  weary  tlio  senls,  fre- 
quent rests  beinf;  had,  and  a  "drive"  lu^ver  Imnn  undertaken  w lien 
the  HUM  waswliininj^;  it'theHuneanie  out  unexpectedly  during  a  "drive," 
the  aniinalis  were  at  onee  allowe<l  ti)  r«>tuin  to  the  water. 

Very  few  seals  die  during'  Ji  "drive,"  auiountiiij;'  to  a  very  small  frae- 
rion  of  I  per  eent  of  those  driven,  and  in  nine  eases  out  of  ten  of  those 
aeeidentally  killed  in  this  way  the  skins  are  save«l.  1  never  saw  or 
heard  of  a  seal  beiii};  injured  seriously  by  drivinj?  or  redriviny-.  1  have 
seen  the  hind  11ipp(>rs  in  a  low  instances  a  little  sore,  but  never  in  all 
my  ex])erienee hav«'  I  seen  an  old  sore  on  a  seal.  I  am  positive  the  re- 
productive orjjans  of  every  one  of  the  hundreds  of  thousands  of  s»'a  Isl 
have  seen  driven  were  uninjured  l)y  their  movements  on  lan<l,  ami  I  am 
further  convinced  this  nnist  be  so  from  the  fact  that  a  seal  wIumi  mov- 
iug  o\i  land  raises  himsidf  slightly  on  the  hind  llippers,  so  that  his  re- 
productive  orfjans  ar(M!lear  (►(■  the  {jrouiid.  Kven  if  a  seal  was  driven 
twelve  successive  days  for  tlm  averap;  distance  between  a  hauling 
ground  and  a  killing  ground,  I  do  not  believe  its  virility  would  be  at 
all  impaired. 

The  result  of  my  obaervathms  of  the  methods  of  driving  the  seals 

from  the  hauling  grounds  to  the  killing  gntunda 

S.  B.  Nettleton,p.  76.     is  that  a  very  small  fraction  of  1  pei-  cent  of  the 

seals  die  from  being  overdriven  or  from  being 

overheated  in  driving. 

When  necessary  to  make  a  drive  for  skins  from  any  given  roi  ory 
the  local  agent  of  the  lessees  informs  the  Tr(^asury 

L.  J.  Xoyea,  2).  S2.  agent,  and  obtains  his  i)ermission  to  make  the 
"  drive."  No  seals  ai«^ driven  witlKuittlM'-  consent 
of  the  Treasury  agent  in  charge  of  the  island.  All  being  ready,  the 
mitive  chief  takes  a  squad  of  men  to  the  hauling  grou ml,  where  the 
seals  are  quietly  surrcmnded  without  disturbing  the  breeding  rookery, 
and  they  are  then  driv«Mi  slowly  along  to  the  killing  ground. 

Since  the  improved  methods  of  1879  theie  is  no  drives  of  greater 
length  than  2J  miles,  and  the  majority  of  them  do  not  excetid  1  mile. 
So  carefully  and  so  sh)wly  are  the  drives  nnide,  the  men  driving  are 
relieved  every  hour,  because  of  the  slow  motion  they  get  chilled  on  the 
road. 


Orders  wereissued  by  which  the  driving  is  regulated  in  such  manner 

that  no  hauling  grounds  are  molested  or  dis- 

L.  A.  Noyea,  p.  S3.         tui  jed  more  than  another,  and,  being  taken  in 

roi  ition,  the  seals  are  allowed  several  days  rest 

between  drives.    The  r  !  is  for  driving  are  so  strict,  so  rigidly  enforced, 

and  so  faithfully  carrie.    out,  that  1  hardly  know  how  they  could  be 

unproved  upon. 

There  was  indeed  no     icasion  to  disturb  them  [the  breeding  rook- 

eri  s]  because  the  killable  seals,  or  "  bachelors," 

H.  G.  Otis,  p.  86.  from  3  to  5  years  old,  were  so  numerous  that  the 

whole  catch  could  be  taken  from  this  class  with 

the  ease  and  facility  which  I  have  already  described. 

Besides,  under  the  operation  of  the  natural  laws  governing  the  spe- 
cies in  their  habitat,  the  classes  are  distinctly  separated  on  land,  the 
bulls,  cows,  and.  pups  occujiyiug  the  breeding  rookeries  proper,  while 


seals,  fre- 
ik«'ii  when 
11  ''diive," 

*iiiall  fruc- 
)ii  of  those 
'er  saw  or 
[(.  1  liavo 
ever  in  all 
ive  the  re- 
I  of  sea  Isl 
, and  lam 
,'lieii  inov- 
liat  his  re- 
vas  driven 
a  hauling 
)uld  be  at 


the  seals 
<^  {jnamda 
■ent  of  tiie 
ioni  being 


n  TO*  i^ry 
Li  Treasury 
make  the 
lie  eoiisent 
eady,  the 
here  the 
rookery, 

f  gieater 

mI  1  mile. 

iving  are 

led  on  the 


I  manner 

or  dis- 

taken  in 

days  rest 

en  fenced, 

eould  be 


ing  rook- 

M'lielors,'* 

that  the 

lass  with 


DRIVINO. 


245 


what  are  known  as  the  "  baclielors,"  to  wit,  those  young  males  which 
have  not  arrived  at  tlit*  di;;iiit.v  of  being  tlie  lieads  of  harems,  haul  out 
of  the  sea  and  gather  npou  tlie  slmres  separate  and  apart  from  the 
breeding  rook<>ri<'s,  so  that  the  driving  for  killing  purposrs  could  then 
be  readily  done  witliniit  interfering  with  the  breeding  rookeri»vs.  Thus 
u  wise  defei('n«*»' on  tiie  pait  of  man  to  tiu^  habits  of  lids  systematic 
race  of  animals  can  be  turned  to  valinil)le  a(;eount  and  nature  be  made 
to  reinforce  eommer<!e  in  her  work. 

The  young  males,  from  2  to  5  y(nirs  old,  whose  skins  are  taken  by  the 
lessees,  begin  to  haul  out  on  land  in  May  and 
they  continue  to  haul  out  till  .Inly.     They  herd  by    ./.  a.  Jiedpath,  p.  149. 
themselves  during  the  months  of  May,  .Iiine,  ami 

July,  and  they  do  this  because, during  the  breeding  season,  they  dare 
not  approach  the  breeding  lookeries  or  the  bulls  would  destroy  them. 
Being  thus  debarred  from  a  ])osition  on  the  breeding  rookeries  or  from 
intermingling  with  the  (!ows,  they  herd  together  on  the  hauling  grounds, 
where  they  are  easily  approached  and  surrounded  by  the  natives,  who 
drive  them  to  the  killing  grounds  without  disturbing  the  breeding 
rookeries.    *     *     * 

The  regular  killing  season  for  skins  under  the  lease  begins  on  June 
1st  and  ends  practically  on  the  last  of  July;  and  during  thisperi()d  the 
tiistclass  Alaskan  fur-sealskins  are  taken.  The  seals  aie  driven  from 
the  hauling  to  the  kiidng  grcuinds  by  experienced  natives  under  the 
orders  of  the  native  chief,  and  the  constant  aim  and  <d>ject  of  all  con- 
cerned is  to  exercise  the  greatest  care  in  driving,  so  that  the  animals 
may  not  be  injured  or  abused  in  any  nuinner. 

As  the  legulations  recjuire  the  lessees  to  ]»ay  for  every  skin  taken 
from  seals  killed  by  the  orders  of  their  local  agents,  and  as  the  skin  of 
an  overheated  seal  is  valueless,  it  is  only  reas(»nable  to  suppose  that 
they  would  be  the  last  men  living  to  encourage  or  allow  their  employe's 
to  overdrive  or  in  any  manner  injure  the  seals.  I  know  that  the  orders 
given  to  me  as  local  agent  were  always  of  the  most  positive  and  emphatic 
kind  on  this  point,  and  they  were  always  obeyed  to  the  letter.  Instead 
of  overdriving  or  neglecting  the  seals  the  lessees  have  endeavored  to 
do  everything  in  their  ])ower  to  shorten  the  distances  between  the  haul- 
ing and  kdling  grounds,  or  between  the  hauling  grounds  and  the  salt 
house. 

All  driving  is  done  when  the  weather  is  cool  and  moist,  and  when 
the  condition  of  the  weather  demands  it,  the  drives 
are  made  in  the  cool  of  the  night;  and  in  no  case     j.  c.  Eedpath,p.  150. 
are  seals  driven  at  a  higher  rate  of  speed  than 

about  half  a  mile  an  hour.  8o  carefidly  is  the  driving  drme  that  it  has 
been  found  necessary  to  divide  the  native  drivei-s  into  several  "watches," 
which  relieve  each  other  on  the  road,  because,  the  pace  being  so  slow, 
the  men  get  cold. 

I  am  further  satisfied  after  ray  two  years'  experience  that  the  driv- 
ing of  male  seals  to  the  killing  grounds  by  the 
natives  eould  be  of  no  possible  injury  to  seal  life    t.  f.  Ryan,  p.  175. 
on  the  islands. 


the  spe- 
land,  the 
)er,  while 


While  on  St.  George  Island  I  attended  nearly  every  killing  of  the 
bachelor  seals  (which  are  the  ones  taken  for  their 
skins)  and  also  many  drives.    I  very  frequently    b.  F.  Scribner,  p.  89. 
went  over  the  ground  where  a  drive  had  been 


246 


THE   SEALS. 


k 

¥' 


i^V. . 


r 


innde,  .after  such  liiul  talceii  place.  I  l)e('a!ne  familiar  with  the  manner 
of  driving',  liaiKlliiij;',  and  idllinfi'  the  seals  by  the  natives,  jind  I  eon- 
sider  tlie  nietiiods  employed  by  tlii'iu  to  be  practically  i)erfect,  and  no  im- 
provement can  be  made  on  snch  metlicHls.  The  j^reatest  care  is  always 
taken  not  to  heat  the  seals  in  «lriviny  them,  and  in  case  the  sun  came 
out  during  a  drive  the  seals  were  allowed  to  return  to  the  sea. 

The  work  of  taking  the  annual  ''catch"  Avas  done  in  1883,  1884,  and 

ISS")  under  my  maimgement  in  tiie  same  way  in 

Leon  SlosK,]).^)!.  every  particular  as  nn»h'r  my  predecess(n\    The 

seals  were  earefiilly  driven,  handled,  and  killed 

in  anordex'ly  manner,  the  whole  work  being  carried  on  as  systiniatically 

and  «puetly  as  in  the  well-conducted  slaugliterhouses  in  our  cities.    The 

talk  abcmt  lasting  injury  n'sulting  from  overexertion  to  such  seals  as 

are  turned  back  to  the  water  after  having  been  driven  to  the  killing 

grounds  is  nonsense. 

I  made  a  very  iiartie.;  ir  examination  and  study  of  the  niethods  era- 
ployed  by  the  natives  in  driving  and  killin.,  the 

W.  U.  Tuyh>i;2K  176.  young  nndes,or  bachelors,  an<l  in  my  opinion  ihese 
ntetliods  are  the  very  best  that  could  be  adopted, 
and  I  can  conceive  of  no  other  way  which  could  be  employed  and  pre- 
serve seal  life  so  elfectually.  In  starting  a  drive  the  bachelors  are 
driven  from  the  hauling  grounds,  which  are  separated  from  the  breeding 
grounds.  *  *  *  xV  drive  is  always  made  between  2  and  (!  o'clock  in 
the  morning,  when  the  weather  is  cool  and  there  is  less  liability  of  over- 
heating the  seals.  Si'als  are  driven  as  slowly  as  is  possible  and  still 
keep  them  in  nu>tion.  1  do  not  think  that  there  were  fifty  seals  killed 
during  the  season  by  overheating  and  smothering,  and  in  all  cases  the 
skins  of  these  were  taken  and  counted  with  the  other  skins  transported 
to  the  salt  houses. 


■a 

H 


"While  located  on  St.  George  I  became  thoroughly  acquainted  with 

the  methods  of  driving,  handling,  and  killing  the 

Geo.  Wardmiv,  p.  178.    bachelor  seals  by  the  natives.      I   believe  those 

methods  aie  the  very  best  that  could  be  adoi)ted 

for  the  preservation  of  the  rookeries  and  conservatiim  of  seal  life. 

Seals  were  rarely  killed  by  overdriving;  but  when  such  an  accident 
occurred  the  skin  was  taken  olf  and  included  in  theciuota.  Often  after 
the  drive  1  went  over  the  ground  where  the  seals  had  been  driven 
and  c(»unted  those  left  on  the  road.  They  weic  very  few  in  number, 
and  did  not  affect  seal  life  in  general  on  the  island. 

After  1  learned  the  business  oiu^,  of  r.iy  duties  was  to  have  charge  of 

oneof  the gangsof  natives  engaged  in  driving  the 

S.  M.W((nhhHrii,i).1iu:>.  seals  from  the  rookiuies  to  the  killing  grounds 

and  there  slanghtering  them.    Such  seals  as  we 

did  not  slaughter  for  their  skins  were  allowed  to  return  at  will  to  the 

rookeries  and  Aveie  in  no  way  injured  by  such  driving  and  return.    On 

getting  back  t"  the  place  whence  they  started  they  were,  after  a  short 

rest,  as  playful  and  active  as  ever. 

The  longest  drives  made  on  St.  (^eorge  Island  are  from  "  Starry 
Ateel"  and  ''(ireat  Eastern''  rookeries, and  they 

Danl.  Weh^fer, p.  181.  are  less  than  .'>  miles  long.  Drives  from  these 
rookeries  require  liom  four  to  six  Lours,  accord- 


OVERDRIVING    AND    REDRIVINO. 


e\ 


247 


til  the  inanncr 
t's,  and  I  coii- 
?('t,  and  iioini- 
caro  is  always 
the  sun  came 
e  sea. 

883,  1884,  and 
;  same  way  in 
lecessor.  The 
ed,  and  killed 
systinnitically 
iir  cities.  The 
snch  seals  as 
to  the  killing 


;  method."^  em- 
nd  killin„  tlie 
'  oi)ini<ni  ihese 
Id  be  adojued, 
oycd  and  pre- 
baclielors  are 
II  the  breeding 
nd  <!  o'clock  in 
iibility  ofover- 
•isible  and  still 
ty  seals  killed 
n  all  cases  the 
18  transported 


qnainted  with 

nd  killing  the 

believe  those 

d  be  adoi»ted 

seal  life. 

* 

h  an  accident 
Often  after 
been  driven 
in  number, 

ave  charge  of 
n  driving  the 
ling  gronnds 
1  seals  as  we 
at  will  to  the 
d  retnrn.  On 
after  a  short 


rom  "  Starry 
lies,  an<l  tiiey 
^8  from  these 
lOurs,  accord- 


ing to  the  weather.  At  Zapadnie  rookery,  on  St.  George,  the  drive  to 
the  killing  gronnds  is  less  than  a  mile..  The  seals  are  now  being  killed 
there  instead  i.f  being  driven  across  the  island,  as  they  were  prior  to 
1878,  when  it  took  three  daj'S  to  make  the  jonrney.  There  is  now  a  salt 
honse  at  Zapadnie,  at  which  the  skins  are  salted  as  soon  as  taken. 

The  killing  grounds  on  both  islands  are  all  situated  within  a  very, 
slnu't  distance  from  the  shore,  and  seals  not  suit- 
able to  be  killed,  or  that  are  turned  out  for  any    />«,//.  WchHUr,  p.  182. 
cause,  immediately  go  into  the  water,  and  after 
sporting  around  for  an  hour  or  two,  they  return  to  the  hauling  grounds, 
and  to  all  appearances  they  are  as  unconcerned  and  careless  of  the  i)res- 
enceof  man  as  they  were  before  they  were  driven  to  the  killing  grounds. 

OVERDRIVING  AND  REDRIVING. 

Pago  158  of  The  Case. 

The  same  seal  is  sometimes  driven  several  times  during  the  season. 
One  with  a  peculiar  spot  on  him  was  driven  in 
more  than  a  dozen  times  in  one  season.    His  skin    jno.  Armstrong,  p.  i. 
was  in  such  condition  that  we  did  not  want  it. 

But  I  do  not  think  that  he  or  any  other  one  of  the  drove  was  injured  by 
the  exertion.  The  driving  gave  them,  with  rare  exceptions,  very  little 
more  exercise  than  they  api)eared  to  take  when  left  to  themselves.  The 
practice  of  driving  has  always  been  conducted  the  same  as  when  I  was 
on  the  islan<ls,  and  the  seals  have  thriven  and  increased  under  it. 
They  grow  nmch  tamer,  too,  with  repeated  driving,  and  seem  to  learn 
the  road  and  what  is  expected  of  them  on  the  killing  ground.  It  is 
much  less  trouble  to  handle  a  drove  of  seals  from  the  rookery  very  near 
the  village  than  those  from  a  distant  point. 

Redriving  of  the  growing  males  from  the  various  hauling  grounds 
was  made  at  intervals  of  several  days,  and  <lid 
not  cause  them  any  injury,  and  I  am  thoroughly    chas.  Bryant,  p.  8. 
satistied  that  there  \.  as  not  a  single  instance  in 
which  the  virility  of  a  male  seal  was  destroyed  or  impaired  by  redriv- 


I  never  saw  or  heard  of  a  case  where  a  male  seal  was  seriously  injured 
by  driving  or  redriving.  Certainly  the  repro- 
ductive pow«>rs  were  never  in  the  slightest  degree  Samuel  Falconer,p.  162. 
impaired  by  these  m»'ans.  When  we  consider  rhat 
the  bulls,  Avhile  battling  on  the  rookeries  to  maintain  their  positions, 
cut  great  gashes  in  tlie  llesh  of  their  necks  and  bodies,  are  covered 
with  g.aping  wounds,  lose  great  quantities  of  blood,  fast  on  the  islands 
for  three  or  four  months,  and  then  leave  the  islands  lean  and  covered 
with  scars,  to  return  the  following  season  fat,  healthy,  and  full  of  vigor, 
to  go  through  again  the  same  mutilation,  and  repeating  this  year  after 
year,  the  idea  that  driving  or  redriving,  which  can  not  possibly  be  as 
fievere  as  their  exertions  during  a  combat,  can  affect  smdi  une(iual 
vig(n'  and  virility,  is  utterly  preposterous  and  ridiculous.  To  show  rhe 
wonderful  vitality  of  the  nmle  seal,  I  will  give  one  instance  wldch  came 
under  my  own  observation:  A  drive  of  about  .'{,0()()  bachelors  had  been 
made,  ami,  after  going  a  short  distance,  was  left  in  <'harge  of  a  boy;  by 
his  negligence  they  escaped  fioin  his  control,  and  the  whole  number 


248 


THE    SEALS. 


pliiTifjed  over  a  cliir".  fiillinjr  00  ft^et  upon  broken  stones  and  rocks  alon^ 
tlie  shore.  Out  of  tlie  whole  iiuinber  only  seven  were  killed,  the 
remainder  takin}>'  to  the  water;  and  these  seven  met  <leath,  1  believe, 
from  beiiift-  the  lirst  to  go  over  and  the  others  falling  upon  them  smoth- 
ered them. 

As  long  as  a  seal  is  not  overheated  in  driving  he  could  be  driven  any 
number  of  suecessive  days  without  in  any  way  im]>airing  or  affeeting 
in  the  slightest  degree  his  ])roereative  ]»owers,  (»f  course  always  i)ro- 
vided  the  juitives  use  the  same  methods  in  driving  that  tliey  always 
hfive  done,  Seal  life,  1  am  positive,  was  never  atlected  iu  this  manner 
<m  the  Pribilof  Islands. 


fii'  >"■ 


til  '  .1 


II 


A  few  seals  are  injured  by  redriving  (often  confli(;te(l  with  overdriv- 
ing and  sometimes  so  called),  but  the  number  so 
Charles  J.  a  off,  p.  113.  injured  is  inconsiderable  and  <'Ou];l  have  no  ap- 
preci;;lile  etfect  upon  seal  life  through  destroying 
the  virility  of  the  male.    The  decrease,  caused  by  pelagic  sealing,  com- 
pelled whatever  injurious  redriving  has  taken  place  on  the  islands,  as 
it  was  often  necessary  to  drive  every  two  (»r  three  days  from  the  same 
liatding  grounds,  which  caused  many  seals  let  go  in  a  former  "drive" 
to  be  driven  over  again  befiu'e  thoroughly  rested.     Jf  a  "  drive"  was 
made  only  once  a  week  from  a  certain  hauling  ground,  as  had  been  the 
case  before  ])elagie  sealing  grew  to  such  enormous  ]roportions  and 
depleted  the  rookeries,  there  would  be  no  damage  at  all  resulting  from 
redriving. 

Daring  my  experience  (and  I  was  on  the  killing  ground  at  every  kill- 
ing that  took  i)lace  while  1  was  on  the  islands) 
AMai  P.  Loud,  p.  SS.     I  uevcir  saw  ainale  seal  which  had  been  injured 
by  being  redriven  several  times  from   the  same 
hauling  ground.     I  am  convinced  that  while  1  was  theie  tin  re  was  not 
a  single  case  in  which  the  virility  of  a  male  seal  was  destroyed  or  im- 
paired in   the  slightest  degree  by  driving,  redriving,  or  overdriving, 
and  1  took  ])articular  notice  of  the  condition  of  the  males  during  each 
drive.     The  males  old  enough  for  service  on   the  breeding  grounds 
were  always  allowed  to  return  to  the  hauling  ground  fr(uu  a  "drive." 

Of  course  nuiny  of  these  were  redriven,  and  some  of  them  several 
times  during  the  season,  but  I  believe  no  injury 
H.H.McIntijic,p.i9.     resulted  to  them  from  this  process.    They  were 
subjected  upon  the  drive  tu  m>  greater  exertion, 
and  rarely  to  more  cruel  treatment  in  any  way  tii  in  we  iiabitually  put: 
upon  our  domestic  animals.     The  only  noticeable  elfect  upon  them  re- 
sulting from  the  "drive"  was  sometimes  abradi'd  iiiiid  llip|)ers,  and,  of 
course,  the  signs  of  healthy  fatigue  naturally  following  continued  ex- 
ertion, from  whi.'h  they  (piickly  recovered.     The  loss  of  \  irility  and  de- 
struction of  reproductive  jiower  in  the  older  males  by  reason  of  repeated 
driving  and  otluM'  hardships  to  which  the  young  animals  are  subjected 
u]»on  the  islands  exists,  if  at  all,  only  in  the  imagination  of  theorists 
who  have  reported  upon  the  subject.     It  is  arrant  nonsense.     Impotent 
amies  are  never  seen  there  iu  any  species  until  they  have  become  so  by 
old  age. 

The  "hauling  grounds"  nearest  the  "salt  houses"  were,  «aa  a  matter 
of  course,  most  fre(|nently  visited  by  the  hunters. 

n.  W.MoIntyi'e,p.l3T.  At  each  time  of  driving  some  animals  were  Ibund 
too  large  or  too  small,  or  otherwise  uudcsirable, 


neks  aloii^ 

killed,  the 

1  believe, 

cm  siiioth- 

liiveii  any 
•  ii  fleet  ill},' 
Iway.s  pro- 
ey  always 
is  maimer 


I  ovoid riv- 
inmber  so 
vo  no  ap- 
lestroyiiij^ 
ilinu',  (!om- 
islaiids,  as 
I  the  same 
r  "drive" 
Irive"  was 
1  been  the 
tioiis  and 
Itiug  from 


every  kill- 
e  islands) 
(II  injured 
tiie  same 
e  was  not 
ed  or  im- 
Lndriviii}!^, 
rinji'  eaeii 
frounds 
drive." 

a  several 
lo  injury 
ley  were 
exertion, 
uiilly  i)ut 
tliem  re- 
s,  and,  of 
nued  ex- 
y  and  de- 
rei)eated 
iiibjeeted 
theorists 
mpotent 
me  so  by 


a  matter 
hunters, 
re  Ibuiid 
esirable, 


OVERDRIVING    AND   REDRIVING. 


249 


and  were  allowed  to  escape  irom  among  the  "killable"  herd,  and 
it  was  the  subject  of  fre(iueiit  remark  that  these  seals  so  frecpiently 
driven  became  accustomed  to  the  jncsence  of  man,  and  evidently 
ac(iuired  conlidence  froju  the  fact  that  they  were  not  iiarmed,  so  I'ar 
that  on  being  se])aiated  fiimi  tlie  iierd  tliey  api)eared  unconcerned, 
and  not  worried  or  frightened,  but  wouhl  leisuiely  retnni  to  tlie  place 
whence  driven,  and,  without  taking  to  the  water,  as  is  their  habit  when 
fiiglitcncd,  would  I'cmain  until,  on  the  arrival  of  others  in  sutllcient 
numbers,  they  were  again  driven,  only  to  be  released  and  returned  as 
before. 

These  re])eated  drivings  did  not  apparently  injure  tlie  animals  in  the 
least.  Injuries  through  accident  resulted  at  intervals,  but  most  of 
those  were  slight,  and  recovery  soon  followed.  That  the  driving  of  the 
seals  as  piiicti<'ed,  whether  more  or  less  frequently,  did  not  result  in- 
juriously to  the  breeding,  is  abundantly  );:oven  by  the  results  noted 
after  the  la]»se  of  several  years. 

I  was  first  chief  from  188-4  to  1891,  all  through  the  years  o4'  the  de- 
crease and  controversy,  and  it  has  been  my  duty 
to  inspect  the  rookei-ies  and  seals  from  time  to  time    j.  Mdovedoff,  p.  113. 
and  to  report  tiie  condition  of  both  to  the  (}(»v- 

ernment  and  coiiiitany  agent-'.  It  has  been  my  duty  to  thoroughly  in- 
form myseir  of  the  numbi'r  of  male  seals — baclu'Iors — on  each  rookery, 
and  to  select  the  grouads  to  be  driven  from  every  killing  day  through- 
out each  killing  season,  and  I  believe  I  never  allowed  the  seals  to  be 
overdriven  or  the  drives  to  be  made  too  often. 

While  I  was  on  the  islands  I  am  convinced  that  the  propagation  of 
seal  life  was  never  affected  in  the  sligli test  decree 
by  redriving  or  ov<Mdriving.    Thekilbng  giounds    ,/,  if.  Moniion,  p.  72, 
Avere  near  tlie  water,  so  that  the  seals  let  go  from 

the  killing  could  easily  return  to  that  element,  and  these  killing  grounds 
were  estalilished  as  near  the  liauling  grounds  as  it  is  possible  to  do 
without  having  the  odor  from  the  carcasses  disturb  the  breeding  seals. 
Teams  and  boats  were  also  used  to  transpnit  the  skins  to  the  salt 
houses,  so  that  the  killing  grounds  could  be  located  much  nearer  the 
hauling  grounds  than  before  this  means  of  transportation  was  jirovided. 

It  was  a  very  rare  occiurreiu^e  for  a  seal  to  be  killed  by  overdriving. 
I  never  saw  or  heard  of  a  seal  being  injured  by 
driving  or  redriving.  and  I  am  certain  that  the    n.  F.  Scribncr,  p.  90. 
rejMoductive  organs  of  a  seal  were  lu'ver  injured 

by  any  such  means.  The  idea  that  the  virility  of  a  male  seal  was  im- 
]»aired  by  driving  or  redriving  is  in'e])osterous,  tor  a  male  seal  which 
»an  survive  fasting  for  tlirce  mouths,  and  the  serious  wounds  and  vio- 
lent exertions  of  conflicts  on  the  rookeries,  besides  serving  so  many 
females,  could  stand  almost  any  amount  of  driving  while  a  bachelor. 

1  never  saw  or  heard  of  the  generative  organs  of  a  male  seal  being 
injured  by  redriving.  and  it  seems  to  me  to  be 
utterly  absurd  that  anyone  could  think  that  an     w.  B.  Taylor,  p.m. 
animal  with  such  wonderful  vitality  as  is  ])ossessed 
by  the  male  seal  could  be  injured  or  his  reproductive  powers  impaired 
by  dri\ing  or  redriving.     If  such  a  thing  sluuild  occur  it  would  Ix^  at 
once  noticeable,  for  the  impotent  bull  would  certainly  haul  up  with  the 


250 


THE   SEALS. 


bachelors,  liaving  no  inclhiatloii  and  vigor  to  maintain  himself  on  the 
rookeries. 

It  is  asserted  by  JMr.  Elliott,  in  a  report  luadc  snbseqnent  to  that 

above  cited,  iV<»m  which  J  have  seen  extracts,  that 

GeortjcTi.  Temple, p.  15J.  permanent  injniy  resnlts  to  the  male  seal  from  the 

practice  of  reix'atedly  briii^iiij;'  him  u])  to  the  kill- 
ing' j,Moniids  and  lettiiiff  him  ji-'o  aj^ain  bccanse  of  some  defect  in  his 
skill,  or  for  the  reason  that  he  is  need<'d  as  a  breeder.  He  does  not 
say  what  he  saw  among  the  old  males  to  jnstify  any  sn<'h  conclnsion, 
and  [  do  not  believ(^  it  is  warranted  by  the  facts.  When  the  seals  get 
back  to  the  water  after  a  long  diive  they  are,  of  conrse,  considerably 
fatigned.  bnt  leap  as  gaily  as  usual  after  a  little  rest,  and  play  with 
their  fellows  on  shore  witli  their  accustomed  vivacity  on  the  day  fol 
lowitig  the  drive. 

There  are  always  some  disabled  seals  on  the  beaches  desci'ibed  by 
Mr.  Elliott  as  "h<»spital  rookeries,"  where  those  maimed  in  the  contlict 
for  supremacy  on  the  bi'eeding  grmmds  and  decrepit  old  males  too  old 
for  further  service  haul  up  to  rest  and  heal  tlicir  wounds.  The  num- 
ber of  such  animals  is  never  large  in  i»roportion  to  the  whole  herd,  and 
all  others  ri'i)rescnt  the  highest  type  of  virility,  vigor,  and  strength. 

The  only  injury  I  ever  noticed  from  redriving  was  that  the  hind 
nippers  of  yearlings  which  had  been  driven  sev- 

Geo.  Wardmun,  p.  179.  Oral  times  would  be  slightly  abraded.  They  were 
footsore,  you  might  say,  but  there  were  no  injury 
to  the  reproductive  organs  of  the  males  driven.  I  am  satislied  the 
natives  would  have  noticed  it  and  spoken  to  the  Government  agents 
about  it  if  we  had  overlooked  the  fact.  jMy  attention  Avas  never  called 
to  anything  of  this  kind,  and  in  all  my  exiierience  I  never  heard  of  a 
male  being  so  injured.  Even  if  a  male  were  driven  once  a  day  for  ten 
successive  days,  I  am  certain  that  such  driving  would  not  impair  his 
future  usefulness  as  a  progenitor  of  his  species. 

The  seal  usually  makes  one  rookery  his  home,  and  so  the  same  seal, 
when  not  up  to  the  standard  for  killing,  is  driven 
S.  M.  Washhurn,p.lM.  several  times  in  oiu'  season  to  the  killing  grounds 
to  lind  his  way  back  to  the  rookery  when  those 
suitable  for  killing  have  been  dispatched.    Tiiey  are  fresli  for  the  suc- 
ceeding juriieys.  which  take  jdace  at  intervals  of  several  days,  as  for 
the  tirst  one.    The  methods  of  the  lessees  in  killing  their  (|uota  and  in 
care  for  the  ])erservation  of  the  great  body  of  the  herd  were,  in  my 
judgment,  as  judicious  as  could  be  taken. 

Seals  turned  away  from  the  killing  grounds  return  to  the  rookery 
from  M'hich   they  were  driven,  therefore  a  male 

JJanh  Webster,  p.  182.  seal  is  not  redriven  day  after  day,  because  a  haul- 
ing gntiind  is  always  given  several  days'  rest  be- 
fore being  driven  from  again.  1  never  saw  or  heard  of  the  generative 
organs  ola  male  seal  being  injured  by  driving  or  by  redriving,  and  if 
such  a  thing  had  taken  jihK'e,  even  in  exceptional  cases,  the  natives 
would  have  noticed  and  reported  it,  which  they  never  did.  I  have  seen 
a  seal's  tlii)pers  made  sore  by  driving,  but  I  never  saw  one  that  was 
seriously  injured  by  driving.  1  do  not  believe  that  a  male  seal's  powers 
of  reproduction  were  ever  ettected  by  driving  or  redriving. 


self  on  the 


lit  to  that 
tracts,  that 
^al  from  tlie 

totlickill- 
fcet  ill  liis 
e  does  not 
conchision, 
10  seals  <iet 
»iisi(lerably 

1)1  ay  with 
he  (lay  fol 

scribed  by 
;lie  contlict 
lies  too  old 
The  nniii- 
^  herd,  and 
treiigth. 

b  the  hind 
iriveii  sev- 
Tliey  were 
0  no  injnry 
itislied  the 
ent  ajicnts 
ner  called 
heard  of  a 
lay  for  ten 
impair  his 


same  seal, 
,  is  driven 
,U'  s'l'oniids 
rheii  those 
)r  tlie  sne- 
lys,  as  for 
)ta  and  in 
ere,  in  my 


e  rookery 
e  a  male 
se  a  haul- 
s' rest  be- 
,«'nerative 
ni:',  ami  if 
e  natives 
have  seen 
that  was 
Ts  powers 


^ 


IMPROVEMENT  OVER  RUSSIAN  METHODS  OF  TAKING.   251 

IMPROVEMENT  OVER  RUSSIAN  METHODS  OF  TAKING. 

I'a<j;<'  Itll  of  The  Case. 

The  methods  nsed  by  the   Alaska    Commercial  Company  and  the 
Ameiican  Government  for  the  care  and  jjieser- 
vatioii  of  the  seals  were  much  better  than  those    iurncl-.irtimtinof,p.99. 
used  by  the  I^ussian  ( Joveiiiment.     In  old  Kiissian 

times  we  used  to  drive  seals  ihnn  Northeast  Point  to  the  vilhift'e,  a  dis- 
tance of  nearly  1.5  miltvs,  and  we  used  to  drive  ">  or  <»  miles  from  other 
haulinj;' grounds;  but  when  the  Americans  got  the  islands  they  soon 
after  shurtenetl  all  the  drives  t<'  less  than  3  miles. 

From  my  observations  and  my  iiH(uiries  of  the  natives,  under  condi- 
tions whicli  were  calculated  to  elicit  only  trutiiful 
replies,   I  ascertaintd  that  there  had    been   no   J.  sianhn  Brown,  p.  18. 
change  save  for  the  better  in  the  methods  of  driv- 
ing or  the  handling  of  seals;  tliat  salt  houses  had  been  established  at 
tlic  more  distant  rookeries;  that  boats,  horses,  mules,  and  wagons  had 
been  em])loyed  to  traiis[)ort  the  skins;  that  by  tliese  improvements  the 
length  of  tlie  drives  had  been  materially  lessened,  and  that  the  time  for 
taking  the  quota  had  been  reduced  from  the  Russian  killing  seascm  of 
three  or  four  months  to  about  tliirty  days,  thereby  causing  the  mini- 
mum of  disturbance  even  to  the  hauling  grounds. 

In  addition  to  this  the  Alaska  Commercial  Company,  as  previously 
stated,  had  introduced  far  better  facilities,  such  as 
boats,  h(»rses,  mules,  and  carts,  for  transporting  the    chas.  Bryant,  p,  8. 
skins,  and  imju-oved  methods  of  caring  for  them, 

which  not  only  greatly  reduced  the  labor  recjuired  of  the  narives,  but 
which,  when  aided  by  their  improved  physical  condition  and  the  in- 
creased number  of  the  seals,  enabled  the  company  to  take  their  full 
quota  in  thirty  working  days  in  IS77. 

This  alone  enormously  reduced  the  molestation  of  the  seals  on  the 
hauling  grounds,  for  in  the  old  llussian  days,  as  previously  stated,  the 
seals  \vere  driven  and  killed  at  all  times  during  their  presence  on  the 
island. 

When  I  was  a  boy,  before  Americans  came  here,  we  used  to  drive 
from  the  rookeries  at  Northeast   Point  to  the  vil- 
lage killing  grounds,  a  distance  of  lli  miles,  and    Karp  Buterin,p.  104. 
from    Halfway  Point,   a  distance  of  (i   miles,  and 

from  Zapadnie,  a  distance  of  a  miles.  After  the  Americans  came  the 
drive  from  Northeast  Point  was  stopped  at  once  and  a  salt  house  was 
built  at  Northeast  Point  and  the  seals  have  been  killed  there  ever  since 
within  about  2  miles  of  the  hauling  grounds. 

In  1874  or  187")  the  seals  were  killed  witliin  a  mileof  the  hauling 
grounds  at  Zapadnie,  and  the  skins  have  been  taken  ever  since  in  boats 
across  the  bay  to  the  village  salt  house.  In  187!)  a  salt  house  was  built 
at  Halfway  Point,  and  since  then  no  seals  have  ever  been  driven  on  St. 
Paul  Island  more  than  ii  miles. 

In  187t)  the  Alaska  Commercial  Com])any  built  a  salt  house  about  2 
miles  from  Halfway  Point,  and  after  that  the  seals 
were    never  driven  more  than  2  miles.    Drives   jac.  Kotchooten,  p.  131. 
used  to  be  brought  from  Zai)adiiie  to  the  village, 
a  distance  of  about  5  miles,  until,  in  1879,  the  Alaska  Commercial 


252 


THE    SEALS. 


m 


i.lr 


Company  iiiiule  a  killiii};  fjround  within  a  mile  of  tlie  rookory,  and  liad 
the  skins  taiicn  acioss  tlic  bay  in  boats  to  the  viihifi'e  salt  house. 

For  tlie  i»ast  Miiitecn  yt^ars  n(»  s<'al,s  have  been  driven  a  {greater  dis- 
tance than  about  2  miles,  and  most  of  the  drives  are  not  over  1  mile. 

All  long  drives  were  stopped  in  1879,  when  the  Alaska  Commercial 

Comi)any  made  a  killinjf  ground  and  built  a  salt 

AggeiKushcn,  p.  129.      house  within  li  miles  of  Halfway  I'oint  and  made 

a  killing  grouiul  within  a  mile  of  Zapadnie.    Since 

these  changes  were  made  no  seals  have  been  driven  on  St.  Paul  Island 

over  2  miles  to  a  killing  gnmnd. 

That  the  killing  of  bachelors  upon  remote  rookeries  such  as  Zapadnie 
was  not  from  necessity  but  at  the  recjuest  of  the 
H.  II.  MvJuiyre,  p.  45.   Clo\ernment  agents,  in  (trder  that  the  number 
taken  from  each  hauling  grcmiul  might  be  equal- 
ized; that  this  did  not  involve  driving  long  distances,  foi-  a  salt  lumse 
was  established  at  Zapadnie,  and  tlie  skins  brought  away  in  boats; 
that  after  the  year  1875  tlie  lessees  of  said  islands  supjdied  carts  for 
the  transi)ortation  of  skins  from  the  killing  grounds  to  the  salt  Inmses 
and  storeliouses;  that  be<'ause  of  the  facility  for  carrying  the  skins, 
killing  grounds  were  established  at  ]>oints  much  nearer  the  hauling 
grounds  than  ever  bclbre,  and  from  that  date  the  seals  v>w.e  driven 
much  shoiter  distances  to  the  killing  grounds;   that  skins  were  so 
transjiortcd  from  Tolavina  or  Halfway  Toint,  o)i  St.  Paul,  aud  from 
Zapadnie,  on  St.  (iieoige,  upon  the  backs  of  donkeys. 

In  1871,  for  want  of  trained  assistants  the  majority  of  the  seals  were 
killed  under  the  supervision  of  native  chiefs.  We 
IT.  U.  Mcrntiire,p.4i).  had  uo  teams  and  Avere  jioorly  supplied  with 
boats  and  other  facilities  for  transjjorting  the 
skins  and  doing  the  work.  Salt  houses  were  inconvv^iiiently  h)cated, 
and  the  busiiu'ss  was  transacted  in  a  <!rude  way,  undei-  great  disad- 
vantages. The  skins  and  all  other  material  upon  the  islands  requiring 
to  be  moved  were  carried  upon  the  backs  of  men,  a  wearisome  and  dis- 
agreeable task  after  a  day's  work  on  the  killing  grounds.  The  results 
were  unsatisfactory.  Tlie  catch  obtained  under  the  direction  of  the 
chiefs  cnmi»risod  mainly  small,  light  skins,  because  such  could  be  easiest 
secured  and  trail s])orted.  The  work  i>rogressed  slowly,  as  it  had  always 
formerly  done  under  liussian  direction.  Less  than  two-thirds  of  the 
«]Uota  of  skins  were  obtained  in  June  and  July.  During  August  we 
Avere  ])rohibitcd  by  law  at  that  time  from  killing  seals.  Wink  was  re- 
sumed at  a  later  date,  and  linishcd  shortly  befor<'  the  seals  migrated, 
thus  keeping  them  in  a  state  of  unrest  and  commotion  nearly  the  whole 
summer,  lint  the  custom  did  not  dificr  in  this  respect  frcnn  that  pur- 
sued by  the  Kussians.  In  1S72,  and  every  year  thereafter,  an  Ameri- 
can "  boss  "  was  placed  at  the  head  of  every  gang  of  natives,  our  tools 
and  salt  houses  were  inijiroved,  supplies  of  salt  for  "kcnching"  skins 
increased,  and  the  seal  catch  Avas  jmslied  to  completion  before  the  end 
of  July.  Additional  salt  Inuises  were  erected  in  this  and  the  two  fol- 
lowing years  contiguous  to  the  resjiective  rookeries,  in  order  to  avoid 
long  "drives"  and  facilitate  the  work  of  the  men.  In  1873  a  horse 
and  team  of  mules  were  taken  to  the  island  in  furtherance  of  the  same 
object,  ami  these  were  ad(U'd  to  from  year  to  year,  and  supiilemented 
by  several  boats  and  a  steam  launch,  so  that  long  before  the  expiration 
of  the  lease  the  labor  put  upou  both  seals  aud  men  was  very  greatly  re- 


IMPROVEMENT    OVER   RUSSIAN    METHODS    OP   TAKING. 


253 


y,  and  liad 
)ns«'. 

floater  dis- 
u- 1  mile. 

vonnnercial 
built  ii  salt 
;  and  iiiiide 
nie.  Since 
•aul  Island 


sZapadiiie 
lU'st  of  the 
le  number 
t  be  equal- 
salt  house 
y  in  boats; 
d  carts  for 
salt  lumses 
the  skins, 
le  hauling 
w.e  driven 
s  were  so 
and  from 


seals  were 
liefs.     We 
)lied  with 
))'tinji'  the 
y  located, 
at  disad- 
reimiring 
e  and  dis- 
le  results 
ion  of  the 
be  easiest 
ul  always 
ds  of  tiie 
ugust  we 
k  was  re- 
migrated, 
the  whole 
that  pur- 
n  Ameri- 
onr  tools 
g"  skins 
B  the  end 
b  two  fol- 
to  avoid 
a  hoi'se 
the  same 
emented 
piratiou 
eatly  re- 


duced. Under  bett<'r  management,  the  quality  of  the  catcii  s<Mit  to 
market  constantly  iuqtrovcil.  The  skins  averaged  larger  and  more 
uniform  in  size  tlian  had  been  formerly  sciuied. 

Formerly  it  was  custonuiry  to  drive  from  Halfway  Point  and  south- 
west Bay  to  the  village  grounds.  l>ut  it  was  found 

to  be  less  trying  to  liie  seals  and  better  eeonomy    U.  II.  Mclniyn,  p.  55. 
of  labor  to  kill  nearer   to  these  rookeries.     Muk' 

teams  and  boats  on  St.  Paul  and  pack  animals  on  St.  (leorge  weie  ac- 
cordingly su])plie(l  several  years  ago  for  transporting  tlie  skins  from 
these  more  distant  points,  and  tlie  killing  lias  since  been  conducted  as 
near  the  rookeries  as  i)ractieable. 

Many  improvements  were  introduced  by  the  Americans  upon  llussiau 
methods,  more  particularly  in  systenniti/.ing  the 
work   upon  the  slaughter  grounds,  in  pro\  iding    //.  //.  Mciuijiie,  p.  58. 
convenient  buildings  in  which  to  salt  and  bundle 

the  skins,  and  in  furnishing  means  for  transporting  them  from  the  field 
to  the  salt  houses  and  thence  to  the  vessels;  but  the  nianagenient  of 
the  rookeries  as  regards  their  preservati<»n  and  growth  has  varied  very 
little  since  183o  or  liS4(),  when  the  IJussians  awctke  to  the  i'act  that  all 
of  the  females  and  a  proper  pntportion  of  the  males  sjiould  be  spared. 

In  the  Kussian  times,  before  1<S(!S,  the  seals  were  always  driven  across 
the  Island  of  St.  Paul  from  North  l^asr  I'oint  to 
the  village  salt  house — a  distance  of  \'1\  miles —    Antun  Mdovech)ff,p.ii2, 
but  when  the  Alaska  Conniiercial  Conipaiiy  li'ased 
the  islands  they  stopped  long  driving  and  built  salt  houses  near  to  the 
hauling  grounds,  so  that  by  1871)  no  seals  were  driven  nmre  tiian  2  miles. 

Never  since  the  islands  have  been  American  property  has  there  been 
indiscriminate  killing  done  upon  them,  nor  has 
there  been  adesireon  thepartof  anyt»iieconiiecte«l    /„  j.  yoiies,  p.  83. 
with  them  to  injure  or  damage  or  waste  seal  life; 

on  th.e  con tiary,  everything  has  been  done  by  the  lessees,  past  and  pres- 
ent, and  by  the  United  States,  to  foster  and  protect  it,  and  to  improve 
the  metho(is  of  driving  the  seals,  so  that  the  herds  miglit  grow  and 
thrive  and  increase,  and  perpetuate  theniselves  indehnitely.  Laws, 
rules,  and  regulations  were  made  from  time  to  time,  prompted  by  expe- 
rience, with  a  VR'W  to  add  lo  the  \alue  (»f  the  property,  and  to  abolish 
everything  that  was  not  beneilcial  and  in  sfrict  a'-cord  with  the  most 
humane  jtrinciples.  To  this  end  all  long  drives  were  i»roliibited,  and 
arrangements  made  by  which  the  killing  grounds  have  been  br<»ught 
as  near  the  hauling  grounds  as  is  practicable  without  being  injurious 
to  the  breeding  rookeries. 

Before  the  Alaska  Commercial  Company  leased  the  seal  islands  in 
1870,  it  was  a  common  i)ractice  to  drive  seals  from 
North  East  Pointto  the  village  on  St.  Paul  Island,    j.  c.  Rvdpath,  p.  150. 
a  distance  of  VI  miles,  and  from  Zapadnie  to  tlie 
village  on  St.  (ieorge  Island,  a  distance  of  0  miles,  across  a  very  rough 
and  rugged  country. 

From  llalfway  Point  and  from  Zapadnie  on  St.  Paul  Island,  seals  were 
driven,  respectively,  5  and  0  miles. 

When  the  Alaska  Commercial  Company  took  control  of  the  islands 
the  drive  from  North  East  Point  was  prohibited,  and  a  salt  house  aud 


264 


THE    SEALS. 


other  necessary  buildiiifjs  erected  within  2  miles  of  the  killing;-  jjronnd, 
and  all  the  skins  taken  there  wen^  salted  and  stored  and  sliipjx'd  I'roni 
North  East  Point.  In  l.S7!>  a  killinf"  {•round  was  made  iind  a  salt  house 
built  at  llidfway  I'oint,  within  U  miles  ol"  the  Imulin''  ^ntunds,  and  all 
skins  taken  at  the  I'oint  aie  siilted  there.  At  Zapiidnie,  the  same  yeai", 
•A  killiiiff  jfround  was  made  within  a  mile  of  tlie  hauliiijn'  jiround,an(l  the 
skins  taken  theic  are  taken  to  the  vilhifie  salt  house  in  boats,  or,  when 
the  weather  is  uniavorable,  by  team  and  waj;on. 

Since  1878  there  has  not  been  a  drive  made  on  St.  Paul  Island  to 
exceed  2  miles.  At  Zapadnie,  8t.  (Jeorj''e,  a  salt  house  was  built  about 
]87o,  and  the  0-nnle  drive ]»rohibited,  and  a  trail  made  at  j^reat  e.\penso 
ac^i'oss  the  ishnnl,  over  whicli  the  skins  are  taken  on  pack-saddles  to  the 
Village.  Since  1874  uo  seals  have  been  driven  on  St.  (leorye  Island  tO 
exceed  2^  miles. 

At  Northeast  Point  rookery,  on  St.  Paul  Island,  the  lonj^est  drive  is 
2  miles.     In  former  times  tia^  l{ussians  used  to 

Daniel  Webster,  p,  182.  dri^'c  from  this  rookery  to  St.  Paul  village,  a  dis- 
tance of  12A  miles. 

KILLING. 


i  »l 


Pago  1G3  of  The  Case. 

The  work  of  killing  was  done  under  the  general  direction  of  the 
Superintendent  of  the   Sealeries,    wiio   placed  a 

W.  C.  Allis,  p.^1.  "boss,"  or  leader,  at  the  head  of  each  gang  of 

men.  It  was  the  business  of  the  "boss"  to  divide 
his  gang  in  proper  proportions — into  "  killers,"  "rippers,"  anu  "skin- 
ners." The  "killers"  were  generally  the  same  men  day  after  day 
through  the  season.  They  became  v<'ry  ex[)ei  t  in  the  management  of 
the  drove  and  the  use  of  the  seal  (dub,  and  very  rarely  made  the  mis- 
take of  hitting  a  seal  that  was  not  wanted. 

The  "boss"  told  his  men  in  a  general  way  what  class  of  seals  to  kill, 
and  worked  with  them.  If  they  had  any  doubt  whether  a  <'ertain 
animal  should  be  knocked  down  they  appealed  to  him  for  exi>licit 
direction.  The  work  thus  went  forward  in  a  very  systematic,  orderly 
way. 

In  killing  seals  for  their  skins,  the  methods  employed  by  the  IJussian 

Fur  ('omiiany  i)rior  to  American  occui)ation  were 
H.  H.  Mclntyre,  p.  \%.  (dosely  followed,  exce]»t  that  many  innovations 
and  improvements  wen^  institute<l  and  adopted 
after  the  first  year  of  the  lease.  The  work  was  elderly  done  by  the  na- 
tives, ea(;h  gang  of  workmen  being  headed,  as  under  IJussian  custom, 
by  a  native  cliief.  All  thoroughly  understood  the  work,  having  been 
bred  to  it  from  boyhood. 

Upon  reaching  the  killing  ground  the  herd  was,  in  dry  weather, 
placed  upon  moist  ground  and  allowed  to  cool  otf. 

When  killing,  if  the  herd  collected  upon  the  slaughter  grounds  was 
of  considerable  size,  a  portion  of  it  was  segregated  and  taken  to  the 
iminediate  vicinity  of  the  workmen,  the  remainder  being  left  at  rest. 
This  portion  was  again  subdivided  into  "jxtds"  of  twenty-live  to  seventy- 
live  aninnils  and  driven  directly  to  the  killing  gang,  generally  compris- 
ing six  or  seven  men,  who  with  a  single  blow  knocked  senseless  such 


KILLINO. 


255 


ippcd  tVoni 
salt  Ikmiso 
i(]s,  and  all 
same  ycai', 
1(1,  aixl  tlio 
s,  or,  when 

1  Island  to 
Ituilt  about 
at  cxjU'iiso 
Idles  to  the 
e  island  <.o 


est  drive  is 
us  used  to 
lago,  a  dis- 


bion  of  tlie 
)  placed  a 
■h  <iiiu«-  of 
^"  to  divide 
and  "skin- 
after  day 
aycniiMit  of 
le  the  inis- 

als  to  kill, 
a  certain 
or  exidicit 
tic,  orderly 


le  IJussiau 
itiou  were 
nnovations 
id  adopted 
by  the  na- 
au  custom, 
iuii  been 


y  weather, 

»n!ids  was 
cen  to  the 
it  at  rest. 
(» seventy- 
ly  coiupris- 
eless  such 


seals  as  they  were  directed  by  the  "boss"  to  kill,  and  the  reinainiuj; 
ones  wei'e  driven  asid(^  and  allowed  to  lind  their  way  l)a<'k  to  the  water 
at  will,  which  they  usually  did  shortly  after  bein^-  set  at  liberty. 

The  work  of  seal-killiuji'  is  done  by  the  Aleutian  inhabitants  of  tho 
seal  islands  under  the  inmu'diate  supervision  of 
the  superintendent  for  the  lessees  and  his  assist-    ij.  //.  Mdiiturc,  /).5t, 
ants.    The  natives  are  directed  by  their  chiefs, 

who  are  either  chosen  by  theuiselves  or  apjiointed  by  the  Treasury 
ayent  in  charjife.  The  force  of  natives  is  di\  ided  into  ;nan^s  of  liO  to  'M) 
men,  each  {i'anjjf  beinji' led  by  an  assistant  supeiintendeni  and  nativ<< 
chief,  and  comprises  the  proper  number  of  "clubbers,"  "rii)i>ers,"  and 
"skinners." 

Durin}?  the  seal  killing  season  the  men  turned  out  to  their  work  about 
6  o'clock  a.  m.    Each  man  in  tliej;anj;'  is  assi};ned 
by    the  chief    to   his    a])propiiate    ])i!rt   of  the    lf.ll.MclHtyrf,iKri(i. 
work.    If  the  force  comprises  say  twenty-two  men, 

the  most  ineflicient  one  will  b«'  desi^iuited  as  "  herdsman  "  to  watch 
the  drove  and  keep  it  as  near  the  workmen  as  practicable;  live  of  the 
most  active,  athletic  yonnj;  men  are  detailed  as  "  clubbers,"  of  whom 
two  are  calle<l  "  drivers,"  it  beinf>'  their  duty  to  cut  off  from  the  drove 
small  detachments  or  "  pods,"  of  from  forty  to  seventy-tive  seals  and 
drive  them  up  to  the  killers.  If  the  drove  contains  a  considerable  num- 
ber of  adult  bulls,  or  the  seals  are  ti''ed,  or  the  day  warm  and  humid, 
the  "  drivers  "  have  the  most  laborious  ]>art  of  the  work.  Next,  one 
boy  is  detailed  as  "  stabber,"  five  as  ^  tlipiierers,"  and  the  remaining 
ten,  those  who  are  most  expert  in  theuseof  theirknives,  as  "  skinners." 

The  clubbers  are  each  armed  with  a  tuined  hick(»ry  club,  ."•  feet  2 
inches  long,  of  best,  straifj'ht-firained  wctod,  like  an  exaggerated  base- 
ball club,  and  a  sharp  ])ointed  hook,  similar  to  a  stevedore's  cargo 
hook,  which  he  carries  in  his  l»elt  or  boot  leg.  The  stabbers  and  tlip- 
perers  have  double-edged  knives  0  or  7  inches  long,  and  the  skinners 
ten  or  twelve  inch  single-edged  blades;  and  each  man  a  small,  tine- 
grained  (»il  stone,  of  which  he  makes  very  freipient  use,  tinishing  the 
sharpening  process  on  his  own  ]»alm  or  the  seal's  Hipper,  for  the  edges 
must  be  as  keen  as  razors  to  etfectually  do  the  work. 

If  the  drove  contains  more  than  a  few  hundred  seals,  a  porticui  of  it 
is  cut  oft"  and  biought  to  within  about  To  or  10(»  feet  of  the  jdace  where 
the  first  "pod"  is  to  be  killed.  The  drivers  step  quickly  along  the 
flanks  of  the  drove  at  several  feet  distant  from  it,  ami  approach  each 
other  from  r|)i»osite  sides  at  a  ])oint  to  detach  oO  or  (»0  animals.  These 
are  driven  .lirec^tly  t<t  the  clubbers  who  have  been  prexiously  instructed 
by  the  assistant  superintendent  what  class  of  seals  they  are  to  kill  and 
where  they  are  to  begin  o])erations.  At  the  word  from  the  chief  the 
blows  fall  in  quick  succession,  a  single  blow  upon  the  head  of  each  seal 
designated  being  always  sutilicient  to  completely  stun  him,  and  usually 
to  fracture  his  skull.  Those  remaining  are  carefully  h)oked  ()v<'r  by 
the  assistant  superintendent,  such  of  the  doubtful  ones  killed  as  he 
may  direct,  and  the  remaining  ones  dri.en  to  one  side  and  aHowed  to 
return  to  the  water  at  will;  or,  after  a  few  hours,  if  any  remain  about 
the  field,  a  boy  is  sent  to  head  them  toward  the  sea.  The  (blubber's 
sharp  hooks  are  now  stuck  into  the  noses  or  ttijipers  of  the  fallen  seals 
and  they  are  dragged  ai)art  and  laid  singly  as  closely  together  as  con- 
venient for  the  skinners.  This  is  very  nei^essary,  because,  if  left  in  a 
heap  as  they  are  slain,  tlie  heat  at  i)oiuts  of  contact  quickly  loosens  the 


256 


THE    SEALS. 


fur  and  hjioiIh  the  skin.  Tlio  <liiv«'is  now  "run"  <(•  brinjr  u])  the  next 
"jxkI,"  the  stiibbcr  thrusts  his  knife  to  the.  lieiirt  ofthc  stiiniird  iinluiiils 
and  tlie  tlippeis  tdllctw  as  soon  as  the  seals  are  (h'ad,  to  cut  the  skin 
around  th«^  liead  Just  in  IVont  of  tiie  eai's,  around  the  j>o>teri(»r  cxtrcni- 
ity  between  tlie  body  and  hind  flippers,  around  the  two  foic  tlippers 
and  (h>wn  tlie  uu'dian  line  of  tiu'  belly.  Xcxt  he  is  taken  in  hand  by 
the  skiunei',  who  (piiekly  Hays  him  with  de.\t«'r(»ns  strokes  of  his  lonj;", 
keen  ed;;ed  knife,  leavin;^'  a  considerable  layer  of  bluljbcr  ujion  the  skin 
to  prevent  its  Inirdeninj;'  and  drying'  in  the  saltiu;;  jiroci'ss.  When 
it  is  desired  to  save  the  blubber  as  well  as  the  skin,  both  are  ii'inoved 
from  the  carcass  toficther  and  Hayed  apart  with  skillliil  strokes  of  the 
knife. 

The  seal-killiny:  is(h»iie  in  a  very  ordeily,  systematic  manner,  and  the 
attendant  waste  is  surprisin<;ly  snndl  when  done  with  skilled  labor. 
Earely  an  undesirable!  seal  is  hit  by  a  clubber,  and  occasionally  tlu^  sun 
will  shine  out  unexpectedly  and  so  heat  the  skins  befoi<'  they  can  be 
removed,  as  to  loosen  the  fur  and  cause  it  to  pull  out,  but  the  entire  loss 
under  .judicious  manajiement  amounts  to  only  a  few  score  of  skins  in  a 
hundred  tlaaisand.  An  experii'uced  tbrceof  L'.}  iiumi  can  easily  slaiijihter 
and  properly  cure  the  skins  of  an  average  (d'  1,500  seals  per  day  through 
the  season. 

When  the  skin  has  been  removed  from  the  cai-cass  it  is  thrown,  tlesh 
side  <lown,  U])on  the  dam])  jt'rouud,  and  as  soon  thereafter  as  convenient 
haided  to  the  salt  house,  wiiere  each  one  is  examined  and  counted,  in 
the  ])resence  of  the  native  chief,  by  tin;  Treasury  ajicnt  and  the  assist- 
ant superintendent,  in  order  to  determine  when  tiie  number  allowed  by 
hiw  has  been  taken  and  to  form  the  basks  for  payment  to  the  natives 
for  their  work. 


lA 


Arrived  at  tiic  killin<>-  grounds,  the  seals  are  driven  (mt  from  the  main 
body  in  ''ikxIs"  cd' twenty  oi'  thirty  at  a  time,  and 

/..  J.  Xoycs,  J}-  S2.         ex])erienced  men  club  and  kill  the  desiva!>!e  ones, 

and  allow  all  that  remain  to  return  at  their  leisure 

to  the  adjacent  waters.     The  most  (sxperienced   nu'u  do  the  skinning, 

and  after  them  conn^  the  women  and  children  who  carry  olf  the  carcasses 

for  food,  and  the  fat  or  blubber  for  winter  fuel. 

In  accordance  with  instructions  from  the  l)ei)artment.  the  Treasury 
agent  is  always  luesent  at  the  killings,  and  he  has  full  ]»ower  and  au- 
thority to  interfeie  in  all  cases  where  there  is  cruelty  practiced  or 
attempted. 

All  seals  killed  by  the  lessees  for  skins  are  killed  lietween  dunel, 
and  July  30,  and  generally  the  season  closes  on  the  L'Oth  of  July. 

SALTING  AND   KENCJIING. 
Page  163  of  Tho  Case. 

In  the  early  days  of  the  seabng  ijidustry  it  was  always  customary  to 
dry  the  skins  for  market  by  stretching  them  uixm 

B.  H.  Melniyre,p.  Wl.  theground  by  meansof  wooden])insdiiven  thr(»ugli 
their  edges  or  by  the  use  of  stakes  ami  twine. 
But  tins  process  made  the  skin  dilhcult  to  unhair  in  dressing-,  and, 
moreover,  in  the  very  damp  climate  of  Alaska,  it  was  often  impossible 
to  dry  the  skins  thoroughly  enimgh  to  prevent  their  decaying  en  route 
to  market.  Largfe  inunbers  of  skins  weie  lost,  I  am  intbrmed,  in  this 
way,  even  after  artificial  heat  was  resorted  to  for  drying"  them,  and  it 
was  fouud  luuist  profitable  to  salt  tliem  and  slip  tUem  iu  salt  to  market. 


p  tlie  next 
'il  :uiiiii:ils 
I  tlic  skin 
in'  rxticm- 
•('  ilippcis 

I  lijind  by 
r  liis  Ion;;", 

II  tlic  skill 
■s.  Wlicii 
('  rt'iiio\('(l 
kcs  of  tlio 

■r.  ;iinl  tiie 
11<'<1  liibor. 
lly  the  sun 
icy  <'iui  1)0 
("111 ire  loss 
skins  in  a 
sliiiijiiitcr 
ly  tliiougii 

•owii,  Hesh 
'oiivt'iiiciit 
omitcd.  ill 
tlie  assist- 
illowcd  l»y 
lie  natives 


u  tlieinaiu 
I  time,  and 
ilile  ones, 
eir  leisure 
skiiiniii<;, 
eareasses 

Treasury 

and  au- 

letieed  or 

II  .hine  1, 
Illy. 


SALTING    AND    KKNCHINO. 


257 


tomary  to 
hem  upon 
11  tlirctujjli 
ud  twine. 
sin«y,  and, 
iiipossible 
;•  en  route 
L'd,  in  this 
ni,  and  it 
;o  market. 


The  salting  is  done  in  rows  of  bins  ealled  "kenelies."  Eacli  skin  is 
thrown  to  the  man  in  the  keiieli,  who  (j.iickly  sjireads  it,  flesh  side 
up,  and  a  third  shovels  salt  enou;;h  upon  it  to  eomi)Ielely  cover  its 
surface.  The  next  skin  is  spread  in  the  sanu'  way  above  tlie  lirst,  and 
so  on  witli  alternate  layers  of  skins  and  salt  until  tlie  kcnch  is  full. 
Ilere  tliey  lie  from  live  to  seven  days  and  are  then  shaken  out,  any 
curled  edges  are  unrolled  and  salted,  and  tin;  skins  are  folded  with  a 
small  quantity  of  salt  betwe<'n  the  folds,  and  aj'ain  i)iled  to  complete 
the  curing  process.  A  few  days  later  tiiey  are  once  more  i)ulled  apart 
and  spread  out,  8i)rinklcd  with  a  handful  of  salt  and  rolled  and  tied  in 
compact,  cylindrical  bundles  containing  two  skins  each,  tlcsh  sides 
together.  In  this  shape  they  are  lightered  from  the  warehouses  to  the 
vessel  in  the  skin  boats  built  by  the  natives,  and  ship|)ed  to  San  Fran- 
cisco, where  they  are  packed  in  (lasks  holding  from  lifty  to  sixty  skins 
each,  and  forwaided  to  London,  via  New  York,  by  railroad  and  steamer. 

The  practice  of  salting  the  skins  was  followed  to  some  extent  by  the 
Eussians  during  the  last  few  years  \nUn-  to  the  cession  of  Alaska  to  the 
United  States,  and  in  nearly  every  i)articulai'  the  management  of  the 
sealeries  by  the  Americans  is  the  same  as  that  pursued  by  theliussians 
diuing  the  last  years  of  their  occupation. 

INCUEASE. 

Page  16t  of  The  Case. 

From  the  start  I  was  employed  by  the  Alaska  Commercial  Company 
and  remained  in  their  service  until  1S7<!,  in  charge 
of  the  companies'  business  on  St.  (leorge  Island,    oeo.  li.  Adam8,p.  157. 
In  1871  we  took  25,000  seals  on  that  island,  and 

the  regular  quota  each  year  thereaiter.  Duriiiy-  the  season  of  1870  I 
was  in  charge  of  their  business  at  St.  Paul  Island.  We  had  no  diffi- 
culty during  my  sevi'u  years'  residence  at  tlie  island  in  obtaining  the 
full  quota:  nor  could  1  discover  at  any  time  any  diminution  of  the 
number  of  seals  annually  hauling  up  at  tiie  island.  When  the  period 
arrived  for  their  coming  to  land,  the  shore  literally  swarmed  with  seal 
life.  *  •  •  lobservedaperceptibleincreaseannually  in  the  number 
of  females  arriving  at  the  island,  due,  in  my  judgment,  to  the  care  ex- 
ercised by  those  charged  with  their  custody. 

Good  management  upon  the  island  increased  the  seal  life  for  many 
successive  years,  and  the  same  management  con- 
tinned,  as  1  believe,  to  the  present  time.  "^-  ^-  ^'""''  ^-  *'^* 

For  the  first  few  years  I  was  on  the  islands  the  rookeries  grew  larger 
every  year,  and  I  was  told  by  the  natives  and 
others  that  they  had  grown  a  good  deal  since  the   John  Armstrong,  p.  1. 
Americans  first  took  them. 

I  have  examined  the  breeding  areas  of  1870,  indicated  by  H.  H  Mc- 
Intyre  on  charts  A,  B,  C,  D,  E,  V,  and  G,  of  St. 
Paul  Island,  and  they  are,  to  the  best  of  my    chas.  Bryant,  p.  3. 
knowledge  and  belief,  correct.    I  have  also  ex- 
amined the  areas  of  increase  shown  by  him  upon  the  same  charts  as 
applicable  to  the  breeding  rookeries  in  1882,  and  they  were  proportion- 
ately correct  in  1877,  the  last  year  of  my  stay  nj)on  the  islands,  the  in- 
17  B  s 


258 


THE    SEALS. 


rU'sise  u|)  to  tliiit  time  liavliig  bi'cii  alxnit  oiio-liiilf  of  that  sliown  by 
biiii,  TIh!  avove  HtaU'iiiciit  is  tnio  also,  to  tlu' Ix'st  oC  my  kuo\vK'(l<;o 
and  belit'f,  ottlie  luccdiiij;  aioas  of  IS70  and  I  lie  iiictcasc  of  1.S81.',  in- 
dicated by  Thomas  F.  Morgan  upon  charts  U,  1,  J,  and  K,  of  Ht, 
George. 

From  1870  up  to  tlie  time  I  left  the  islands  in  1S77.  the  females,  of 
wliich  I  made  as  careful  a  calculation  as  is  possi- 
Chas.  Br\jant,p.  7.  ble  by  measuring  the  aieas  covcicd  by  the  breed- 
ing rookeries,  increased  from  1  to  r»  per  cent  an- 
annually.  •  *  •  The  increase  in  fiunalc  lile  was  readily  deter- 
mined by  noticing  annually  the  lines  of  deniarkation  of  the  bieiuling 
grounds  among  the  rocks,  and  also  from  the  fact  that  many  lanes 
through  the  brt'cding  lookeiies  to  the;  hauling  grounds,  left  by  the  old 
males  for  the  use  of  the  bachelors,  which  existed  in  JH7(),  were  entirely 
closed  up  by  the  breeders  in  1877,  and  the  bachclms  weic  compelled  to 
haul  out  on  the  sand  beaches.  Another  proof  of  tiiis  increase  was  the 
fact  that  in  1<S7()  the  breeiling  seals  conlined  themselves  to  the  shoies 
covered  with  broken  rocks,  but  in  1S77  the  areas  Inul  increased  tosucli 
an  extent  that  a  c<msulerable  percentage  of  the  breeding  seals  ex- 
tended out  onto  the  sand  beaches,  whicii  before  they  had  carefully 
avoided,  Ibr  reasons  1  have  heietofore  stated. 

In  the  month  of  [ of]  that  year  1  was  in  the  Bering  Sea  and  at 

the  seal  islands  of  St.  Paul  and  St.  (Jeorge.  I 
W.  C.  CoiiUon,  1).  U\.  went  on  shore  on  both  islands  and  observed  the 
seals  and  seal  life,  the  method  of  killing,  etc.  I 
noticed  particularly  the  great  number  of  seal,  which  were  estimated  by 
those  competent  to  judge  that  at  least  5,0()»),000,  and  possibly  (5,U0t),()00, 
were  in  sight  on  the  dill'ereut  rookeries.  To  me  it  seenu'd  as  though 
the  hillsides  and  hauling  grounds  were  literally  alive,  so  great  was  the 
number  of  seals.  At  St.  (leorge  Island,  though  the  seals  were  never 
in  as  great  iiunibcrs,  nor  were  there  so  many  hauling  jtlaces,  the  seals 
were  very  plentiful.  At  this  time  and  for  several  years  thereafter 
pelagic  sealing  dul  not  take  place  to  any  extent  and  the  animals  were 
not  diverted  from  their  usual  paths  of  travel. 

In  1880  I  found  the  rookeries  full,  and  in  my  opinion  there  were  as 
many  seals  on  the  islands  as  at  any  time  during 
W.  H.  Ball,  p.  23.         mj^  experience. 

I  have  myself  observed,  and  h;'.ve  so  learned  from  others,  that  for 

the  last  ten  or  lii'ieon  years  there  were  more  seals 

^^JamcaH.  Douglass,  p.  ^j.  ti^.  jsiands  liui  i  there  were  twenty-two  years 

ago  when  I  first  visited  the  Pribilof  Islands ;  an 
increase  due,  without  doubt,  to  the  very  careful 
protection  and  fostering  of  the  seal  herds  afforded  by  the  Alaska  Com- 
mercial Company,  then  lessee  of  the  islands. 

Each  season  while  I  was  located  at  the  islands  I  made  a  careful  ex- 
amination of  the  breeding  grounds  on  St.  George 
Samuel  Falconer,  p.  161.  Island,  noting  particularly  the  areas  covered  by 
them.    The  result  of  my  observations  was  that 
there  was  marked  increase  in  these  areas  from  1871  to  187G,  and  neces- 
sarily a  corresponding  increase  in  seal-life,  for,  no  matter  whethei-  the 
seals  are  few  or  many  in  number,  they  always  crowd  together  on  the 
breeding  grounds  as  closely  as  possible.    In  my  judgment  this  increase 


it  shown  by 
kiiowh'djio 
(if  liSSL',  iii- 

lI  k,  or  St. 


)  t'cmales,  of 
iis  is  possi- 
y  the  bii't'd- 
por  cent  aii- 
iidily  (Ictei- 
lic  bie«;(liiig 
iiiniiy  lanes 
I  by'tlie  old 
ore  entirely 
•(  mi  pel  led  to 
'ase  was  tbe 
!>  the  shores 
ased  to  such 
ijH'  seals  ex- 
id  carefully 


INCREASE. 


259 


:  8ea  and  at 

.  (leorji'e.    I 

bserved  the 

liiiff,  etc.    I 

istinmted  by 

ily  (>,000,000, 

d  as  though 

eat  was  the 

were  never 

es,  the  seals 

s  thereafter 

nimals  were 


icre  were  as 
time  during 

ers,  that  for 
e  more  seals 
y-two  years 
Islands;  an 

Jaska  Com- 


eareful  ex- 
St.  George 
covered  by 
IS  was  that 
i,  and  neees- 
ivhetber  the 
ither  on  the 
his  iucreaise 


was  fully  25  per  cent.  One  fact  alone  proved  conclusively  that  there 
had  been  a  considerable  increase,  for  in  1S71  I  noticed  |>ass;iges  leltby 
the  old  bulls  throuj;h  the  br«'cding  grounds  for  the  baclielors  to  pass 
to  and  from  tlie  hauling  grounds  located  back  of  the  lire<'ding grounds. 
In  subsequent  years  these  j)assages  were  entirely  blocked  up  by  the 
breeders.  Tliere  was  always  during  these  six  years  an  excess  of  adult, 
vigorous  bulls,  for  hiceding  i)uiposes,  and  large  nund)ers  of  these 
hauh'd  up  back  of  and  alxait  the  breeding  grounds  awaiting  an  oppor- 
tunity to  take  the  place  of  some  wounded  or  aged  bull  un-ible  longer 
to  nm  ntaiu  a  harem. 

Each  season  while  I  was  located  on  the  islands  I  made  a  careful  ex- 
anniuition  of  the  breeding  grounds  on  St.  (leorge 

Island,  noting  itartieularly  the  areas  covered  i)y  Sdmuct  Falconer,  p.  \G7. 
them;  and  I  n(iw  recollect  the  condition  of  said 

rookeries  and  the  api)roxiinate  area  which  each  of  them  covered  in  the 
year  1874.  1  have  carefully  exa.tniiu'd  the  lines  <lrawn  by  Tiiomas  F. 
Morgan  on  exhibits  signed  by  him  and  marked  exhibits  11,  I,  . I,  and 
K;  that  the  lines  in  red  on  said  exhil)its  jjractically  re|uesent  the  areas 
so  covered  in  1874;  but  I  think  that  in  some  instam-es,  hereafter  stated, 
Mr.  Morgan  has  been  a  little  too  conservative  in  his  estimates. 

On  Starry  Arteal  llookery  (Exibit  II)  the  line  should  be  extended 
along  the  shore  to  t!;c  eastern  limit  of  the  pond,  shown  on  said  exhibit, 
and  should  extend  nearly  as  far  again  up  the  hillside. 

On  North  liookery  (Exhibit  J)  the  line  does  not,  in  my  judgment, 
extend  as  far  back  from  the  shore  as  it  should,  as  there  had  been  a 
great  increase  since  1S71  on  this  ])articular  rookery. 

1  would  further  state  that  there  was  a  perceptible  increase  in  all 
these  areas  from  1871  to  1874. 

I  would  also  state  thatthe  spaces  indicated  as  areas  over  which  seals 
have  at  various  times  hauled,  on  said  exhibits,  by  J.  Stanley  Brown 
(as  I  am  informed  and  believe),  are,  to  the  best  of  my  knowledge  and 
belief,  correctly  designated. 

At  the  time  of  my  employment  at  the  island,  everything  about  the 
seal  rookeries  and  sealing  industry  appean^d  to 
be  in  a  highly  prosperous  condition.     There  was    it-  V.  Fletcher,  p.  105. 
no  lack  of  seals.    The  rookeries  were  said  by  all 
the  natives  and  residents  to  be  as  large  and  full  as  they  had  ever  been, 
and  the  lessees  got  their  full  number  of  skins  allowed  by  law  within 
the  usual  time,  all  of  good  marketal)le  sizes,  from  such  sized  animals 
as  the  employes  were  told  to  kill,  and  had    alarge  surplus  left  each 
year  for  breeders. 

From  the  time  I  settled  here  in  1809  until  1882  or  1883,  there  was  no 
trouble  at  all  in  taking  8r),(K)0  seals  on  St.  Paul 
Island  between  June  1  and  July  30,  and  we  often    John  Fratin,  p.  107. 
got  that  number  by  J  uly  20. 

There  has  been  no  change  in  the  manner  of  conducting  the  business 
ashore,  but  there  has  been  added  the  open-sea 
hunting  industry  in  the  waters  surroundnig  the    ^V- S.  Tlercford,  p.  33. 
rookeries,  and  which  industry,  as  is  well  known, 
has  rapidily  increased  since  1884,  until  lijw  it  has  assumed  grand  pro- 
portions. 


1>  "  ■' 


i!-;" 


l^ 


I'V 


l,H 


}lf 


i 


ifii 


(3^ 


260 


THE   SEALS. 


The  best  motliods  of  manashig  seal  rookeries  aic  hs  well  understood 
and  as  carefully  practiced  as  any  other  branch  of 
C.  F.  Emil  Kreli,p.ldQ.  linsbaiidry,  and  the  same  methods  have  been  pur- 
sued witli  such  excellent  results  through  a  long 
series  of  yeaxa  that  there  can  be  uo  doubt  about  their  correctness. 


A,jgei  Kualten,  p.  128. 


From  1870  to  about  18S4  the  seal  rookeries  were 
always  filled  out  to  their  limits,  aud  sometimes 
beyoud  them. 


That  while  located  on  the  Pribilof  Islands  I  was  the  greater  part  of 
that  period  upon  the  island  of  St.  Paul;  that  dur- 
n.  H.  McLiiyre,  2).  U.   iug  the  twenty-oue  years  upon  the  islands  I  ex- 
amined at  frequent  intervals  of  time  the  breeding 
rookeries  on  said  island  of  St.  Paul,  and  now  recollec(;  the  condition  of 
said  rookeries  and  the  approximate  area  which  each  of  them  covered  at 
different  times  during  my  experience  on  said  islands;  that  I  have  in- 
dicated to  the  best  of  my  recollection  the  grounds  covered  by  said 
rookeries  in  the  year  1870  by  a  red  line,  and  the  grounds  so  covered  in 
the  year  1882  by  a  blue  line,  on  the  exhibits  signed  by  me  and  marked 
exhibits  A,  B,  0,  U,  E,  F,  and  G.    That  the  grounds  indicated  by  said 
Unes  are  practically  correct  and  represent  approximately  the  areas  cov- 
ered by  breeding  seals  on  said  rookeries  in  said  years  of  1870  and  1882. 
1  further  depose  and  say  I  have  examined  the  charts  of  said  St.  Paul 
Island,  made,  as  I  am  informed  and  believe,  by  J.  Stanley  Brown;  that 
to  the  best  of  my  knowledge  the  spaces  represented  on  said  charts,  as 
grounds  over  wliich  the  bachelor  seals  have  hauled  at  various  times 
during  my  experience,  are  practically  correct. 

That  from  the  year  1870  there  was  an  expansion  of  the  areas  of  the 
breeding  grounds,  and  that  in  the  year  1882  they 

H.  h.  McTntyre,  p.  45.  weic  as  large  as  at  any  time  during  my  acquaint- 
ance with  them. 

This  number  100,00()  was  easily  secured  every  year  from  1871  to  1885, 
and  at  the  same  time  a  constant  increase  of  the  seal 
H.  H.  Mclntyre,  p. '^.  rookeries  was  observed.    1  am  satisfied  that  with 
good  management  upon  the  islands,  and  the  ces- 
sation of  pelagic  sealing,  this  number  could  have  been  secured  annually 
up  to  this  time,  aud  for  an  indefinite  future. 

During  the  whole  period  of  seventeen  years  from  1808  to  1885,  no 
difficulty  was  experienced  in  obtaining  the  full 
H.  H.  Molnhjre,p.  50.    quota  of  100,000  well  selected,  marketable  skins. 
I  know  this  to  be  a  fact  during  all  these  years, 
up  to  and  including  1882,  from  i)ersonal  'observation  and  experience 
contiiuied  from  day  to  day,  in  actively  managing  the  business,  and  am 
assured  by  the  daily  record  kept  by  my  assistants,  and  by  their  reports 
to  me  frou!  time  to  time,  that  they  were  eoually  successful  in  season- 
ably obtaining  a  desirable  catch  from  1883  t<»  1885,  inclusi/e,  while  I 
was  away  from  the  islands.    The  work  was  not  completed  as  early  ia 
the  seasons  from  1880  to  1885  as  it  had  formerly  been.    This  was  chiefly 
due  to  the  greater  care  exercised  in  selecting  animals  to  be  killed.    In 
order  that  the  selection  should  be  nuule  from  as  large  a  number  as 
possible,  and  to  satisfy  the  roquircnieiits  of  the  Treasury  agents  iu 
charge,  who  demanded  that  all  the  rookeries  bo  worked  iu  regular 


understood 
r  branch  of 
e  been  pur- 
mgli  a  long 
ectuess. 

teries  were 
sometimes 


ater  part  of 
I ;  that  dur- 
dauds  I  ex- 
ile breeding 
[jonditiou  of 

I  covered  at 

I I  have  lu- 
red by  said 
)  covered  in 
md  marked 
ited  by  said, 
e  areas  cov- 
ro  and  1882. 
aid  St.  Paul 
Jrowu;  that 
d  charts,  as 
i.rious  times 


ireas  of  the 
ir  1882  they 
ly  acquaint- 


871  to  1885, 
e  of  the  seal 
d  tliatwith 
md  the  ces- 
ed  annually 


to  1885,  no 

ng  the  full 

table  slvins. 

hese  years, 

experience 

ess,  and  am 

heir  reports 

in  sciKSon- 

176,  while  I 

as  early  ia 

was  chiefly 

killed.    In 

number  as 

'  agents  iu 

iu  regulax 


INCREASE. 


261 


1; 


rotation,  we  commenced  in  1870  or  ISSO  to  "drive"  with  greater  fre- 
quency from  the  more  distant  and  less  accessible  gr(mnds.  These  dis- 
tant animals  were  not,  however,  driven  to  the  village  killing  grounds, 
as  has  been  represented,  but  were  slanghtered  as  near  the  rookeries  as 
seemed  prudent  with  regard  to  the  w«'lfare  of  the  breeding  seals,  and 
the  skins  were  transported  in  wagons  or  boats  to  the  salt  houses. 
With  this  exception,  there  was  no  change  in  the  manner  of  conducting 
the  business  from  1870  to  1889. 

From  1869  to  1882  the  seal  rookeries  largely  increased.    I  know  this 
from  accurate  personal  observation,  and  reported 
relative  to  it   to  the  Alaska  Commercial  Com-    H.n,Mclntyre,p,5i. 
pany  July  16, 1889,  as  follows:    "The  breeding 
rookeries  from  the  beginning  of  the  lease  until  1882  or  1883  were,  I  be- 
lieve, constantly  increasing  in  area  and  population,  and  my  observations 
in  this  direction  are  in  accordance  with  those  of  Mr.  Morgan,  Mr.  Web- 
ster, and  others  who  have  been  with  me  for  many  years  in  your  service, 
and  of  Special  Treasury  Agent  J.  M.  Morton,  who  was  on  the  islands 
from  1870  to  1880.    Even  as  late  as  1885  Special  Treasury  Agent  Tingle 
reported  a  further  increase  of  breeding  seals;  but  his  estimates  were 
made  in  conq)arison  with  those  of  Prof.  H.  W.  Elliott  of  1872  and  1873, 
and  he  was  probably  not  fully  aware  of  the  fact  that  the  increase  Inul 
occiirred  prior  to  1883,  and  that  in  1885  there  was  already  perhaps  a 
slight  diminution  of  breeders." 

Under  personal  instructions  from  the  late  Senator  John  F.  Miller, 
then  president  of  the  Alaska  Commercial  Com- 
pany, I  commenced  shortly  after  my  arrival  upon    h.  W.  Mcinty re, p.  I3i. 
the  island  a  series  of  observations  in  order  to 
determine  as  nearly  as  practicable  the  area  of  ground  occupied  by  the 
seals,  and  incidentally  their  number,  approximately,  during  the  season  of 
1871  for  the  purpose  of  noting  the  changes  which  might  occur  from  year 
to  year.    To  this  end,  in  the  year  1871, 1  carefully  noted  the  position  of 
the  seals  on  breeding  rookeries  and  upon  the  several  hauling  -grounds 
where  old,  young,  and  and  middle  aged  seals  were  congregated,  and  by 
definitely  marking  the  points  reached  was  enabled,  after  the  animals 
had  migrated  in  the  autumn,  to  carryforward  a  survey  of  the  island  as 
a  whole,  and  on  the  plat  or  r  dy  resulting  from  said  survey  was  desig- 
nated accurately  the  ground  occupied  by  the  seals. 

The  wr^rk  of  survey  was  carried  on  as  rapidly  as  possible,  and  I  was 
enabled  from  the  observations  so  made  to  nujke  a  chart  or  map  having 
upon  it  bearings  and  distances,  the  whole  of  which  were  verified  by 
Lieut.  Washburn  Maynard,  of  the  U.  S.  Na  vy,  slight  difi'eiences  in  our 
measurements  and  (  bservations  only  being  noted. 

Owing  to  the  fact  tii^'t  President  Millc  took  occasion  to  impress  upon 
me  the  ' .  cessity  of  exercising  the  gresitest  care  in  conqdying  strictly 
with  ill-  uue  requiremerta  of  the  lease,  and  that  careful  attention  to  the 
preservation  of  the  seal  life  should  under  all  circumstances  be  regarded 
as  of  first  importance,  and  to  this  end  the  most  careful  study  of  the 
habits  of  the  animals  should  be  nmdeat  the  outset,  and  continued  from 
year  to  year  in  order  to  determine  what  eftect  the  killing  of  a  definite 
number  might  have  upon  the  seals  as  to  increase  or  diminution,  I  took 
more  than  ordinary  care  iu  noting  the  area  of  ground  occupied  each 
year  by  the  ditt'erent  classes  of  seals,  and  it  was  evident  that  during 
the  years  1871  to  1881  iucl  siv  there  was  a  steaily  increase  in  seals  of 
all  kinds. 


TT: 


262 


THE   SEALS. 


As  my  observations  extended  over  i\  perifid  of  time  snfTicient  for  the 
growth  and  full  development  of  individuals  I  was  enabled  to  determine 
with  a  greater  dcf,nee  of  aecuracy  the  elfcct  of  the  operations  of  the 
company  generally',  as  well  as  to  follow  si)eciflcally  to  result,  various 
matters  of  detail,  all  of  which  were  based  upon  the  experience  and 
methods  of  the  Russian  American  Company  as  practically  known  to 
captain  Niebaum,  general  manager  of  the  business  of  the  lessees,  and 
to  the  chiefs  and  other  permanent  residents  of  the  islands. 

Grounds  occupied  by  the  seals  as  "breeding  rookeries"  or  "hauling 
grounds"  are  filled  with  a  degree  of  uniformity  each  year;  hence  the 
area  occupied  is  a  very  sure  criterion  in  estimating  numbers,  whether 
of  "bulls"  or  females  with  their  young,  or  young  males,  or  of  mixed 
young  (yearlings)  of  both  sexes,  and  the  fact  of  there  being  a  constant 
increase  as  above  mentioned  was  fully  established  by  the  constaut  en- 
largement, year  after  year,  of  the  space  so  filled. 

To  myself,  as  having  the  interest  of  my  employer  at  heart,  the  health- 
ful condition  of  the  "rookeries"  and  their  con- 
H.  W.  Mclntyre,p.  135.  stant  expansion  was  a  source  of  gratification  in 
all  lespects,  and  especially  as  in  full  evidence  that 
the  business  was  conducted  on  correct  principles.    Of  this  I  am  fully 
convinced,  and  were  I  to  have  occasion  to  assume  control  of  the  seal 
interest  (outside  destruction  being  prevented),  I  should  most  assuredly 
follow  the  precedent  established  by  the  Alaska  Commercial  Company 
during  the  first  ten  years  of  its  lease  of  the  islands. 

The  area  of  •'  rookeries "  constantly  expanding  was  filled  with  ani- 
mals evidently    healthy    and  strong;    vigorous 
jff.  W.  MoIntyre,p.  137.  males  were  in  abundance,  as  shown  by  the  increase 

of  young,  and  by  the  fact  that  the  number  of 
barren  females  was  not  increased.  Superannuated  males  were  found 
as  usual,  but  during  the  time  of  my  residence  no  unusual  lack  of  health 
or  vigor  was  seen  among  the  seals  of  whatever  class  or  age. 

When  our  lease  of  the  Commander  Islands  took  eflFect  m  1870,  the 

annual  catch  of  seals  would  not  exceed  15,000 

John   Malowansky,  p.  without  injury  to  the  herd.    There  was  no  maxi- 

197  {Cojnmander  Islands),  nuim  limit  in  our  lease  as  to  the  number  we  were 

allowed  to  kill,  but  under  the  method  adopted  by 
the  company  in  taking  seals,  only  young  males  Vv'ith  merchantable- 
sized  skins  were  killed.  Under  this  system  the  seals  increased  so  rap- 
idly that  in  1887  we  had  no  trouble  in  obtaining  45,000  skins  per  annum 
without  injury  to  the  herd. 

It  is  an  actual  fact  beyond  dispute  that  female  seals  were  much  more 

numerous  on  the  islands  in  1883  than  they  were 

John    Maiowavshj,  i).  in  1870.    The  increase  was  graduiJ  each  year  and 

199  {Commander  Islands),  ^^^g  80  marked  that  the  natives  often  spc  ke  o*'  it 

to  me. 


*^, 


ii' 


That  during  the  years  1808  and  1869,  and  from  May  to  July,  1874, 1 
was  located  on  St.  Paul  Island,  and  "Iso  from 
T. F.Morgan, p. b9.        July,  1882,  to  May,  18815;  that    dun  .^  the  re- 
mainder  if  the  time  I  was  upon  said  isi-i.Mls  I  w.*'  * 
resident  on  St.  George  Island;  that  during  my  residence ou  ^.'id  isln;  as 
I  examined  frequently  the  breeding  rookeries  on  the  islai-d  where  I 


icnt  for  the 
>  determine 
ions  of  the 
lilt,  various 
erience  and 
i  known  to 
lessees,  and 

r  "hanlinf; 
;  hence  the 
rs,  whether 
yr  of  mixed 
a  constant 
onstaut  oa- 


the  health- 
their  con- 
ification  in 
idence  that 
\  I  am  fully 
of  the  seal 
^t  assuredly 
il  Company 

i  with  ani- 
;  vigorous 
:he  increase 
number  of 
were  found 
!k  of  health 


in  1870,  the 
eed  15,000 
no  maxi- 
)er  we  were 
adopted  by 
rchantable- 
sed  so  rap- 
per annum 


much  more 

they  were 

h  year  and 

spc  ke  o*'  it 


Illy,  1874,  I 
"Iso  from 

.^  the  re- 

I.!' Is,  I  WPA 

..'id  isln  VAis 
d  wliere  I 


IXCREAf>E. 


263 


then  was  located,  and  now  recollect  the  condition  of  said  rookeries,  and 
the  approximate  area  which  each  of  tlieni  covered  at  ditfcrent  times 
during  my  experience  on  said  islands;  that  I  have  carefully  examined 
the  lines  drawn  by  H.  fl.  Mclntyre  on  exhibits  signed  by  him  and 
marked  Exhibits  A,  B,  C,  D,  E,  F,  and  G,  indicating  the  grounds  cov- 
ered by  said  rookeries  on  St.  Paul  Island  in  the  year  1870  and  the  year 
1882,  and  that  the  red  line  shows  the  approximate  area  so  covered  in 
1809,  and  the  blue  line  the  approximate  area  so  covered  in  1882;  that 
I  have  indicated  to  the  best  of  my  recollection  the  grounds  covered  by 
breeding  rookeries  on  St.  George  Island  in  the  year  1874,  by  a  red  line, 
and  the  grounds  so  covered  in  the  year  1884  by  a  blue  line,  on  the  ex- 
hibits signed  by  me  and  marked  Exhibits  H,  I,  J,  and  K;  that  the 
grounds  so  indicated  are  ]>ractically  correct  and  re])resent  ai)proxi- 
mately  the  area  covered  by  breeding  seals  on  said  St.  George  Island  in 
said  years  of  1874  and  1884. 

I  further  depose  and  say  I  have  examined  the  charts  of  said  St.  Paul 
and  St.  George  islands,  made  as  I  am  informed  and  believe  by  J.  Stan- 
ley Brown ;  that  to  the  best  of  my  knowledge  the  spaces  represented 
on  said  charts  as  grounds  ov^er  whicli  the  bachelor  seals  h.ave  hauled  at 
various  times  during  my  experience  are  practically  correct. 

I  may  state  that  the  sum  of  my  observations  in  the  above  relation  on 
the  Pribilof  Islands  at  the  close  of  the  season  of 
1878  clearly  indicated  that  since  1870  the  rook-   jno.  M.  Morton,  p.  68. 
eries  had  increased  in  an  appreciable  manner,  and 
1  may  add  that  such  was  tlie  opinion  of  everybody  on  the  isl.ands  who 
had  given  the  subject  any  careful  study.    During  the  years  I  have 
mentioned,  to  wit,  from  1870  to  1878  inclusive,  the  sto(!k  of  killable 
seals  was  always  more  than  sufficient  to  meet  the  annual  demands  made 
upon  it  by  the  lessees  and  still  leave  in  reserve  a  proper  supply  of  males 
for  future  use  on  the  rookeries. 

I  have  already  stated  that  my  personal  observation  and  investigation 
of  th"  c^Tulitions  at  the  islands  from  1870  to  1878, 
incl:i.;i\>',  showed  that  during  those  years  a  steady   j.  m.  Morion,  p.  69. 
e.'q-iP'j^ju  of  the  breeding  rookeries  took  place. 

I  lUi  a(?o  Informed  and  believe  that  stich  expansion  continued  up  to  the 
year  J. -•^2  ot  1883.  During  this  period  of  general  increase  il  is  notable 
that  th^  ■le'-^r.iction  of  animals  from  pelagic  sealing  was  comparatively 
unimpoiiiuit.  But  a  few  vessels  up  to  this  time  had  made  predatory 
excursions  in  Bering  Sea,  and  the  number  of  seals  obtained  by  them 
is  known  to  have  been  small. 

While  I  was  on  St.  George  Island  there  was  a  perceptible  increase 
in  the  number  of  seals,  there  being  more  in  1881 
than  at  any  time  previous  while  I  was  there.  j.  h.  Moulton,  p.  71. 

'.Ylieii  the  Alaska  Commercial  Company  obtained  the  lease  in  1870, 
c-   'h!}   right    tc   take   seals  for    their  skins,   I 
iii  ■    ufted  the  superintendent  and  agents  of  the    g.  Mchaum,p.  77. 
coiiipany  in  regard  to  the  way  in  whi<!h  the  work 
had  been  done,  and  outlined  to  them  the  policy  to  be  pursued  in  the 
future.    The  lease  of  the  Alaska  Commercial  Company  had  twenty 
years  to  run,  and  it  was  for  our  interests  that  the  very  best  methods 
should  be  adopted  for  managing  not  only  the  "bachelors,"  then  ready 
for  slaughter,  but  also  the  breeding  lierds  upon  which  the  future  of  our 


264 


THE    SEALS. 


business  dopciided.  To  this  end  I  directed  our  superintendent  of  the 
sealeries  to  observe  the  {greatest  care  in  driving,  handling,  and  killing 
the  seals,  cautioning  him  to  iillow  nothing  to  be  «lone  that  would  in  .any 
way  tend  to  alarm  or  disturb  them,  or  in  the  least  degree  interfere  with 
their  already  well-known  orderly,  regular  habits  of  breeding  and  migra- 
tion. 

The  instructions  were  explicit  that  no  females  should  be  killed,  and, 
further,  that  bulls  enougli  of  mature  nge  should  be  preserved  to  serve 
them.  In  order  to  see  that  these  instructions  were  followed  and  the 
business  put  upon  what  I  conlidently  believed  to  be  the  right  basis,  I 
visited  the  islands  in  1871  and  1872  and  again  in  1877,  and  was  more 
than  satisfied  with  the  result  of  my  investigations.  The  work  was  being 
carried  on  at  these  times  in  a  highly  syster  .aic,  orderly  manner,  show- 
ing great  improvements  over  the  way  of  '.oiug  it  under  Russian  regime, 
and  the  result  of  good  management  showed  itself  on  every  hand.  The 
breeding  rookeries  hail  1  irgely  exi)anded  in  1877  over  the  limits  of  18(59, 
as  I  personally  obser\  J  • '  as  1  was  informed  by  the  Treasury  agent 
in  charge,  by  our  superin.  at,  and  by  the  native  chiefs.  The  natives 
were  enthusiastic  in  their  i  ise  of  the  American  way  of  doing  business 
and  conducting  sealing,  as  comi)ared  Avith  what  they  had  been  accus- 
tomed to  in  former  years. 

Yet  it  required  no  very  deep  study  nor  occult  knowledge  to  bring 
about  the  healthy  growth  of  the  seal  rookeries.  It  was  simply  needed 
to  treat  them  as  our  ordinary  domestic  animals  are  treated  to  produce 
the  same  result.  The  seals  are  polygamous,  as  our  horses,  cattle,  and 
sheep  are,  and  the  best  methods  of  breeding  these  is  equally  advan- 
tageous when  applied  to  the  sr als.  It  is  an  indisputable  fact,  and  known 
to  the  most  ordinary  breeder  of  domestic  animals,  that  any  surplus  of 
males  is  a  positive  injury,  and  results  in  a  progeny  inferior  in  size, 
quality,  and  numbers  produced.  Tlie  fierce  struggles  of  the  surplus 
male  seals  to  gain  a  foothold  on  the  breeding  grounds  create  great  dis- 
order and  commotion,  and  often  end  in  crushing  the  pups,  and  some- 
times even  in  killing  the  mothers.  This  was  so  well  understood  by  the 
Russians  that,  long  before  the  cession  of  Alaska,  they  ordered  the 
slaughter,  we  are  told  by  Veniaminof,  of  the  superannuated  males,  in 
order  to  clear  the  way  for  vigorous  stock.  They  succeeded  by  this  in- 
telligent course  in  bringing  up  the  rookeries  from  their  depleted  condi- 
tion of  abcmtlSiO,  consequent  upon  the  bad  management  of  prior'years 
and  the  unpropitious  season  of  1835,  when  the  ice  nearly  annihilated 
the  seal  life,  to  the  productiveness  in  which  we  found  them  in  1808. 
We  continued  the  same  system,  with  slight  modifications,  and  had  every 
reason,  up  to  1882,  to  expect  to  be  able  to  return  the  property  to  the 
United  States  at  the  expiration  of  our  lease  in  better  condition  than 
when  we  received  it.  But  a  force  was  already  gaining  momentum  long 
before  we  noticed  any  serious  disturbance  of  the  herd  on  the  islands 
that  was  destined  to  disappoint  our  expe(!tatious,  and,  if  not  checked, 
to  utterly  destroy  the  commercial  value  of  the  sealeries. 


I  have  shown  that  under  good  management  the  seals  increase  on 
the  Pribilof  group,  and  know  such  to  be  the  fact; 
Ouatave  Niebaum,  p.  79.  also  in  regard  to  the  Commander  Islands.    The 
methods  were  the  same  in  the  two  places,  but  the 
Asiatic  herd  was  not  soiiously  molested  at  sefi  until  185JO,  and  the  in- 
crease continued  up  to  that  dato.    iS  t>w,  pelagic  hunting  is  going  on  there 
the  same  as  in  the  Alaska  waters,  and  already  tlie  herd  is  diminishing 
as  did  the  Pribilof  herd  Irom  the  same  cause  several  years  earlier.    The 


nrCBEASB. 


265 


lent  of  the 
ind  killing 
uld  in  any 
ufere  with 
md  migra- 

illed,  and, 
sd  to  serve 
id  and  the 
ht  basis,  I 
was  more 
:  was  being 
iner,  show- 
ian  regime, 
land.  The 
its  of  1801), 
sury  agent 
!he  natives 
ig  business 
)een  accus- 

^e  to  bring 

ply  needed 

to  produce 

cattle,  and 

illy  advau- 

and  known 

surplus  of 

or  in  size, 

he  surplus 

great  dis- 

and  some- 

ood  by  the 

dered  the 

males,  in 

by  this  in- 

ted  condi- 

jrior'years 

nnihilated 

u  in  1808. 

had  every 

erty  to  the 

ition  than 

itum  long 

le  islands 

t  checked, 


icrease  on 
the  fact ; 
nds.  The 
BS,  but  the 
nd  the  in- 
g  on  there 
minishing 
ilier.    The 


same  good  management,  upon  cessation  of  marine  killing,  will  rapidly 
augment  both  herds  again,  for  no  animals  are  more  susceptible  to  good 
treatment  in  breeding  than  these.  Their  marine  enemies,  aside  from 
man,  are  a  constant  factor  of  destruction  in  disregard  of  which  they 
multiply. 

In  all  these  years  seals  of  all  classes  were  present  at  the  islands  in 
vast  numbers,  so  that  the  annual  catch  of  100,000 
skins,  80,000  on  St.  Paul  and  20,000  on  St.  George,   h.  G.  Oti$,  p.  85. 
was  taken  with  great  ease  and  facility,  the  killing 
season  proper  extending  over  a  period  of  only  about  forty-five  days  in 
each  year,  and  the  actual  working  days  being  only  from  thirty- two  to 
thirty-five  in  eacli  year. 

During  my  term  of  service  at  the  islands  I  made  careful  and  elabo- 
rate reports  each  year  to  the  Secretary  of  the  Treasury.  In  one  of  these 
reports,  dated  July  30, 1881, 1  embodied  a  compilation  from  the  oflScial 
records  covering  a  period  from  1871  to  1881,  with  the  object  of  showing 
the  relative  abundance  of  the  seal  life  during  those  years.  The  table 
was  preceded  in  my  report  by  the  following  explanatory  language: 
"The  tbllowing  table,  covering  a  period  of  eleven  years,  shows:  (i)  The 
number  of  seal  skins  taken  in  each  sealing  season  proper  on  St.  Paul's 
Island ;  (2)  the  number  of  days  expended  in  the  work ;  (3)  the  number 
of  sealers  engaged;  (4)  theaveragenumberof  skins  taken  per  day;  and 
(5)  the  average  daily  catch  per  man  engaged;  and  it  is  confidently  sub- 
mitted as  the  most  solid  ground  we  have  to  stand  upon  in  attempting 
an  answer  to  the  inquiry,  'Are  the  fur-seals  of  Alaska  increasing  or 
diminishing  in  numbers?'" 

Briefly  summarized,  the  table  shows  that  the  working  days  for  seal- 
ing proper  were  reduced  from  55  in  1871  to  35  in  1881;  that  the  aver- 
age daily  catch  was  increased  from  1,375  in  1871  to  2,158  in  1881,  and 
that  the  daily  average  catch  per  man  employed  was  increased  from  21 
in  1871  to  32  in  1881. 

The  plain  lesson  taught  by  these  figures  and  comparisons  is  that  the 
vast  increase  in  the  seal  life  due  to  the  proper  and  adequate  protection 
of  the  rookeries  and  of  the  waters  adjacent  thereto  made  it  possible  for 
lessees  to  take  the  full  quota  of  100,000  skins  in  a  very  short  period  of 
from  thirty-three  to  thirty  five  working  days.  In  truth,  so  abundant 
wore  the  seals  during  these  years  that  after  the  close  of  the  sealing 
season,  about  July  20,  when  the  entire  number  of  100,000  skins  had 
been  taken,  the  rookeries  and  hauling  grounds  still  held  a  vast  popu- 
lation of  these  animals  and  it  required  an  expert  to  perceive  the  fact 
that  they  had  been  depleted  at  all. 

During  those  years  the  sealing  season  commenced  about  June  Ist  to 
4th  and  closed  invariably  before  the  20th  of  July,  so  that  the  disturb- 
ance to  the  herd  was  con  fined  to  the  shortest  possible  period  of  time 
and  reduced  to  the  mininuim.  The  effect  of  this  was  of  course  most 
excellent.  In  addition  to  which  fact  the  skins  were  alwas  in  prime 
condition  during  that  i>eriod ;  whereas,  later  on,  the  "stagey"  season 
commences,  when  the  skins  are  inferior  and  not  marketable. 

The  conspicuous  fiict  most  api)arent  to  me  during  all  those  years  was 
that  by  the  enforcement  of  the  wise  laws  enacted  by  0<mgress  early 
after  the  acquisition  of  Alaska,  this  precious  animal  life  could  be  and 
was  protected  and  preserved  in  the  fullest  measure,  and  that  being  so 
protected  the  natural  increase  of  the  herds  more  than  offset  the  annual 
killing,  great  as  it  was.    •    •    • 


li'  :i 


260 


THE   SEALS. 


A.nother  practical  proof  of  tl\e  fact  tliat  tlic  seals  wore  crenerally  !ti- 
creasinjj  (lurin{]f  those  ycius  uii  St.  I 'aul'a  Island 
H.  G.  Otia,  p.  87.  was  found  in  the  iact  that  a  large  overplus  found 

their  way  to  tlie  Island  of  Otter,  a  small  island 
about  six  miles  away,  and  not  included  in  the  Alaska  Couimercial 
Company's  lease.  Otter  was  not  a  breeding  island,  but  a  loafing  and 
resting  place  for  the  "bachehn"  seals,  which  congregated  there  to  the 
number  of  seveial  thousands  during  tlie  season.  I  note^  Mt"  move- 
ment with  care,  and  believed  tlien  that  with  (hte  protection  Ine  i.:^-  ..lU 
would  in  time  have  become  a  breeding  island  like  the  otliers,  only  to  a 
lesser  extent.  My  views  and  observations  in  regiird  to  Otter  Island 
were  set  out  in  a  special  report  to  the  Secretary  of  the  Treasury,  dated 
April  1,1882.    •     •    * 

In  the  plethoric  condition  of  the  rookeries  during  the  period  of  my 
service  at  the  islands,  and  with  the  vast  numbers  of  seals  of  all  kinds, 
there  was  not  any  difficulty  .about  the  matter  of  either  food  seals  or  the 
taking  of  seal  skins  for  commercial  purposes.  Stringency  could  only 
arise  by  the  general  destruction  of  the  seal  life  which  has  taken  place 
in  recent  years. 

From  1875  to  1883  it  was  no  uncommon  thing  for  the  Ir      os  to  tak 

the  annual  quota  of  100,000  skins  between  June 
J.  C.Bedpath, p.  loi.       1  and  July  20,  and  yet  there  was  no  sign  of  any 
decrease,  but  rather  an  expansion  of  most  of  the 
rookeries. 

From  carefully  observing  the  grounds  formerly  occupied  by  breeding 

seals,  as  pointed  out  to  me  by  the  natives,  and 

W,B.  Ta!ilor,p.  176.       from  statements  made  me  by  those  on  the  island, 

I  believe  there  were  more  seals  on  the  islands  in 

1881  than  in  any  year  pre  /ious  to  that  time. 

I  am  satisfied  from  my  observations  that  the  breeding  grounds  on 

St.  George  covered  greater  areas  in  1884  than  in 

Oeorge  Wardman,p.il8. 1881,  and  that  seal  life  materially  increased  be 

tweeu  those  dates ;  and  this  fact  was  verified  by 

all  the  natives  on  the  island.     In  fact  there  was  no  disagreement  by 

anyone  located  on  the  islands  as  to  that  point.    I  am  fiirther  satisfied 

that  during  this  time  there  was  always  a  sufficient  number  of  males  to 

fertilize  the  cows  on  the  rookeries;  otherwise  there  could  have  been  no 

increase  in  the  breeding  grounds. 


From  year  to  year,  when  I  was  at  St.  Paul,  the  numhec  of  seals  in- 
creased, and  the  increase  was  constant.    This  I 

S.M.Washburn, p.  155.  know  from  my  own  careful  observation  of  the 
herds  and  rookeries,  and  I  estimate  the  number 
of  seals  at  St.  Paul,  in  1877,  at  5  to  10  per  cent,  at  least,  greater  than 
the  first  season  I  was  there  (1874). 

The  number  of  nonbreeding  males  of  suitable  age  and  body  for  kill- 
ing was  in  each  year  largely  in  excess  of  the  number  permitted  to  be 
killed  by  the  lease,  and  was  plainly  large  enough  to  replenish  in  due  time 
the  stock  of  breeding  males  in  such  numbers  that  the  entire  herd  was 
enlarged  from  year  to  year  by  a  gradual  and  healthy  increase.  These 
facts  observed  by  me  were  also  noted  by  the  initives  and  other  residents, 
and  were  the  cause  of  rej.Mfiiig  and  congratulation  among  them. 


Tierally  In- 
ul's  Island 
plus  found 
lall  island 
ouimercial 
jafing  and 
iiere  to  the 

Ml"     TDOVe- 

Ine  loii.xiu 
.,  only  to  a 
:ter  Island 
iury,  dated 

riod  of  my 
all  kinds, 
leals  or  the 
could  only 
aken  place 


es  to  tak 
:ween  June 
sign  of  any 
most  of  the 


)y  breeding 
atives,  and 
the  island, 
B  islands  in 


grounds  on 
884  than  in 
creased  be 
verified  by 
reement  by 
iT  satisfied 
)f  males  to 
i,ve  beeu  no 


of  seals  in- 
it.  This  I 
ion  of  the 
he  number 
eater  than 

dy  for  kill- 
itted  to  be 
in  due  time 
e  herd  was 
se.  These 
:  residents, 
lem. 


INCREASE. 


267 


My  observation  has  been  that  there  was  an  expansion  of  the  rooker- 
ies from  1870  up  to  at  least,  1871),  which  fact   I 
attribute  to  the  careful  management  of  the  Islands   Danl.  Webster,  p.  181. 
by  the  United  States  Government. 

Twenty-four  years  of  my  life  has  been  devoted  to  the  sealing  industry 
in  all  of  its  details  as  it  is  pursued  upon  the  Pribi- 
lof  Islands,  and  it  is  but  natural  that  I  should  be-    Danl.  Webster,  p.  183. 
come  deeply  interested  in  the  subject  of  seal  life. 
My  experience  has  been  practical  rather  than  theoretical.    I  have  seen 
the  herds  growand  multiply  under  careful  management  until  their  num- 
bers were  millions,  as  was  the  case  iii  188U. 


Ill,    ' 


T! 


m 


DECREASE  OF  THE  ALASKAN  SEAL  HERD. 


EVIDENCE  OF  DECREASE. 

PERIOD  OF  STAGNATION. 

Page  165  of  The  Case. 

After  1882  they  seemed  to  stay  .about  the  same,  as  far  as  the  number 
of  breeders   was  coucerued,  as  long  as  I  was    , 

^jjQPQ^  Jno.  Armstrong,  p.l. 

I  ascertained  by  questioning  those  who  had  had  years  of  continuous 
experience  with  the  seals  that  up  to  the  year  1882 
there  was  an  annual  expansion  of  the  boundaries   j.  Stanley  Brown, p.  18. 
of  the  breeding  grounds;  that  this  was  followed 
by  a  period  of  stagnation,  which  in  turn  was  followed  by  0  marked 
decadence  from  about  1885-'86  down  to  the  present  time. 

I  am  unable  to  state  whether  the  seals  increased  or  not  during  my 
residence  on  St.  Paul,  but  they  certainly  did  not 
decrease,  excei)t  perhaps  there  was  a  slight  de-    R.  A.  GUdden,  p.  109. 
crease  in  1884.    In  all  my  conversations  with  the 
natives,  which  were,  of  course,  a  great  many,  they  never  spoke  of  the 
seals  being  on  the  decrease,  as  they  certainly  would  have  done  if  such 
had  been  the  case. 

While  on  St.  Paul  Island  I  do  not  think  the  number  of  seals  increased, 
and  in  the  last  year  (1884)  I  think  there  was  a      ,  „ 
slight  decrease.  '^-  ^-  ^^oalton.p.  v. 

Upon  the  Commander  Islands,  as  I  have  already  said,  the  increase 
in  seal  life  was  constant  for  many  years,  but  in 


Gustavo  Niehaum,  p.  203. 


1890  we  noticed  a  decided  disturbance  in  the  rook- 
cries  and  a  considerable  decrease  in  their  popula- 
tion.   This  we  subsequently  attributed,  when  the  facts  wc  ?e  ascertained, 
to  pelagic  sealing  in  the  adjacent  waters. 


I  noticed  during  this  period  no  perceptible  in- 
crease in  the  breeding  rookeries  on  St.  George. 

ON  PRIBELOF  ISLANDS. 

Page  166  of  The  Case. 

In  1882  there  was  no  scarcity  of  killable  seals. 
The  men  drove  up  as  many  every  diiy  as  they  could 
handle,  and  those  selected  for  killing  comprised 
only  the  choicest  ones. 


B.  F.  Scribner,p. 


W.  C.  Allia, p.9B. 


^^ 


270 


EVIDENCE   OF   DECREASE 


fe  '■        !■    'M: 


There  seemed  to  be  also  a  large  8ur|)lu8  of  full-yrowii  bulls  for  rookery 
service,  and  enonph  escaped  from  the  slaughter  ground  to  keep  the 
number  good  as  the  old  ones  ]>assed  the  age  of  usefulness.  1  do  uot 
believe  the  condition  of  tlie  rookeries  nor  the  manner  of  driving  and 
killing  the  seals  at  tiiis  time  (!ould  have  been  improved.  It  was  perfect 
in  every  respect,  and  the  lessees,  emi>loyes,  and  natives,  as  well  as  the 
seals,  all  appeared  to  be  and  were,  1  believe,  contented  and  happy. 

In  188()  the  conditions  had  somewhat  changed.  The  natives  com- 
plained that  big  seals  were  growing  scarcer,  that  there  were  many  dead 
pups  on  the  rookeries,  and  the  superintendent  intimated  to  me  that  he 
did  not  like  the  outlook  as  contpared  with  a  few  years  previous,  and 
said  he  thought  either  the  number  killed  or  the  size  of  the  animals  taken 
for  their  skins  would  have  to  be  reduced  if  things  did  uot  improve. 
Still  we  had  no  particular  scarcity  of  killable  seals,  and  the  work  went 
on  as  during  my  first  year  (1882)  in  the  service. 

But  the  trouble  of  which  they  complained  grew  more  serious  in  the 
following  years,  and  I  think  it  was  in  1888  the  superintendent  told  the 
" bosses"  they  must  kill  less  large  seals  and  more  "yellow  bellies,"  or 
2-year  olds.  In  1889  a  very  large  proportion  of  the  catch  was  made 
up  of  this  class. 

It  was  then  perfectly  apparent  to  everybody,  myself  inchided,  that 
the  rookeries  w.ere  "  going  to  the  bad,"  and  that  a  smaller  number  must 
inevitably  be  killed  the  following  year. 


Report  of  American 
Commissioners,  p.  340  of 
"  Case." 


The  aggregate  size  of  the  areas  formerly  occu- 
pied is  at  least  four  times  as  great  as  that  of  the 
present  rookeries. 


I  have  noticed  a  great  decrease  in  the  numbers  of  the  fur-seals  since 

1887,  both  on  the  rookeries  of  St.  Paul  Island, 

0.  H.  Anderson,  p.  205,    which  are  much  shrunken,  in  the  area  covered  by 

seals,  and  in  the  waters  of  the  Pacific  and  Bering 

Sea.    On  the  rookeries,  ground  formerly  hauled  over  by  seals  is  now 

grown  up  with  a  scattering  vegetation  of  recent  growth. 

The  skins  taken  prior  to  1880  weighed  from  6  to  10  pounds  each,  av- 
eraghig  ab(mt  8  pounds  per  skin;  but  I  under- 
John  Armstrong, p.  1.     stand  trom  those  who  remained  there  on  duty 
that  much  smaller  ones  were  afterwards  taken, 
because  the  large  seals  had  become  scarce  and  were  needed  for  rook- 
ery service. 

From  1870  to  1884  the  seals  were  swarming  on  the  hi>.uling  grounds 
and  the  rookeries,  and  for  many  years  they  spread 

Kerrick  Artomanoff,p.  out  more  and  more.  All  of  a  sudden,  in  1884,  we 
^^-  noticed  there  was  not  so  many  seals,  and  they 

have  been  decreasing  very  rapidly  ever  since. 


Johnny  Baronoviich,p, 
276. 


There  are  not  nearly  as  many  seal  on  the  coast 
as  there  was  two  or  three  years  ago. 


1:11 


There  are  certain  physical  as  well  as  historical  sources  of  information 
upon  the  island  from  which  the  relation  of  the 
J.  Stanley  Brown,  p.  17.  ^^.^yent  to  the  past  condition  of  the  rookeries  can 
be  very  clearly  made  out. 


>r  rookery 
keep  the 

I  do  uot 
ving  and 
as  perfect 
'ell  as  the 
lappy. 
ives  com- 
lany  dead 
16  that  he 
rions,  and 
lals  taken 

improve, 
fork  went 

HIS  in  the 
it  told  the 
»ellies,"  or 
was  made 

ided, that 
nber  must 


lerly  occu- 
hat  of  the 


ieals  since 
al  Island, 
overed  by 
lid  Bering 
lis  is  now 


each,  av- 
I  tinder- 
on  duty 

ds  taken, 
for  rook- 


f  grounds 
ey  spread 
1884,  we 
and  they 


the  coast 


formation 
)n  of  the 
teries  can 


ON   PRIBILOP   ISLANDS. 


271 


I.  Not  (Mily  upon,  but  immediately  to  the  rear  of,  the  area  at  present 
occupied  by  the  breec  11  nj;  seals  occur  friifiinents  of  basalt  whose  angles 
have  been  rounded  and  ]»olishe(i  by  the  flippers  of  seals.  Among  these 
hitter  rocks  grass  is  touiid  growing  to  an  extent  proportionate  to  their 
distances  from  the  present  breeding  grounds, and  further  the  soil  shows 
no  recent  disturbance  by  the  seals.  This  rounding  of  the  bowlders  of 
the  abandoned  areas  was  not  due  to  the  impingement  of  sand  grass 
driven  by  the  wind.  No  geologist  would  be  willing  to  risk  his  reputa- 
tion by  asserting  that  this  nmndingcanie  from  any  such  agency.  The 
distinction  between  the  result  of  sandblast  action  and  seals'  flippers 
is  very  marked. 

II.  A  careful  examination  among  the  roots  of  the  grass  will  often 
show  the  former  presence  of  seal  by  the  peculiar  appear.anceofthesoil, 
due  to  the  excrementa  of  the  seal  and  the  occurrence  of  a  thin  mat  of 
seal  hair.  The  attention  of  Dr.  (leorge  M.  J)awsou  was  called  to  such 
a  felt  of  hair  upon  the  summit  of  Hutchinson  Hill,  and  both  he  and 
Dr.  C.  Hart  JMeriiam  collected  specimens  of  it  from  among  the  grass 
roots  at  that  locality. 

HI.  At  the  rear  of  the  rookeries  there  is  usually  an  area  of  mixed 
vegetation — an  area  the  boundary  of  which  is  sharply  defined,  and  be- 
tween which  and  the  present  breeding  grounds  occurs  a  zone  of  grass 
of  only  a  single  variety.  In  the  immediate  vicinity  of  the  present  breed- 
ing grounds  oidy  scanty  bunches  are  to  be  seen.  These  gradually 
coalesce  as  the  line  of  mixed  vegetation  is  approached.  The  explana- 
tion of  this  is  that  the  seals  were  formerly  so  abundant  as  to  destroy 
the  normal  mixed  vegetation  at  the  rear  of  the  breeding  grounds,  and 
that  the  decrease  of  the  seals  has  been  followed  by  the  encroachment 
of  the  uniform  variety  of  grass. 

IV.  The  statements  made  to  me  by  competent  observers  who  Lave 
lived  up(m  the  islands  for  years  all  agiee  that  the  shrinkage  in  the 
breeding  area  has  been  rai>id  during  the  past  five  or  six  years. 

■  After  observing  the  habits  of  seals  for  a  season,  I  unhesitatingly 
assert  that  to  satisfactorily  account  for  the  disturbance  to  vegetable 
life  over  areas  whose  extent  is  visible  even  to  the  most  careless  and 
prejudiced  of  observers  would  require  the  presence  of  from  two  to  three 
times  the  amount  of  seal  life  which  is  now  to  be  found  upon  the  islands. 

That  there  has  been  enormous  decrease  in  the  seals  there  can  be  no 
question. 

Have  observed  carefully  the  areas  occupied  by  the  seals  on  the  rook- 
eries and  hauling-out  grounds,  especially  at  North- 
east 1  oint  and  the  reef  on  St.  I'aul  Island,  in  1884,  John  C.  Cantwell,p.  407. 
1885, 1880,  and  1891,  and  on  both  rookeries  the 
areas  formerly  occupied  by  seals  h.ave  greatly  decreased,  so  nnioh  so 
that  at  first  appearance,  it  seemed,  in  1891,  as  if  the  hauling-out  grounds 
had  been  entirely  deserted.  Subs(H|uent  examination  disclosed  the  fact 
that  this  was  not  strictly  true,  there  still  being  a  small  number  of  male 
seals  left  on  those  grounds.  Have  also  observed  that  the  seals  are 
much  more  scattered  on  the  breeding  rookeries  than  in  former  years 
(1884, 1885,  1880);  also  that  the  number  of  seals  in  the  water  has  pro- 
portionately decreased,  and  that  they  have  grown  very  much  more  shy 
and  difficult  to  api)roach  Without  presuming  to  be  absolutely  cor- 
rect, would  estimate  the  number  of  seals  present  at  St.  Paul  Island 
during  the  year  1891  to  about  10  per  cent  of  the  number  there  in  former 
years  of  observation  (1884, 1885,  and  1880), 


lit 


n 


i 


I  i 


3: 


pN 


272 


EVIDENCE   OF   DECREASE 


I  did  not  notice  any  tUiliiifj  ott*  in  tlio  size  of  the  "  rookeries  "  from  the 

landiiisiiks  to  wliicli  tliey  «'ame  when  I  first  saw 

Harry  N.Clark,  p.  WJ.  tliein  diiriii;,'  the   ih'st  two  years  1  was  on  tlie 

ishiiid.  and  all  agreed,  in  dismissing  the  matter, 

that  the  seals  had  never  been  more  iiumerons  than  they  then  were;  but 

in  the  following  years,  and  partieularly  in  1888  aiid   188l»,  no  other 

opiinon  was  heard  than  that  the  animals  had  very  greatly  diminished, 

and  iu  this  opinion  1  fully  coincided. 

During  the  seasons  of  1890  and  1891 1  was  in  command  of  the  rev- 
enue cutter  Eush  in  Bering  Sea,  and  cruised  ex- 

W.C.Coul»on,pAU.  tensively  in  those  waters  around  the  seal  islands 
and  the  Aleutian  group.  In  the  season  of  1890  I 
visited  tiia  islands  of  St.  Paul  and  8t.  (Jeorge  in  the  months  of  July, 
August,  and  September,  and  had  ainjyle  and  frequent  opportunities  of 
observing  the  seal  life  as  compared  with  1870.  I  was  astonished  at  the 
reduced  numbers  of  seals  and  the  extent  of  bare  ground  on  the  rook- 
eries in  1890  as  compaied  with  that  of  1870.  and  which  in  that  year 
was  teeming  with  oeal  life.  In  1890  the  North  American  Commercial 
Company  were  un.able  to  kill  seals  of  suitable  size  to  make  their  quota 
of  60,000  allowed  by  their  lease,  and,  in  my  opinion,  bad  tboy  been  per- 
mitted to  take  50,000  in  1891,  they  cimld  not  have  secured  that  num- 
ber if  they  had  killed  every  bachelor  seal  with  a  merchantable  skin  on 
both  islands,  so  great  was  the  diminution  in  the  number  of  animals 
found  there. 

I  arrived  with  my  command  at  St.  Paul  Island  June  7, 1891.  At 
that  date  very  few  seals  hiid  arrived,  and  but  a  small  number  had  bee» 
killed  for  fresh  food.  On  the  12th  of  June,  1891,  we  were  at  St.  Georp 
Island  and  found  a  few  seals  had  been  taken  there,  also  for  food,  the 
number  of  seals  arriving  not  being  enough  to  warrant  the  killing  any 
great  number.  During  that  year  I  was  at  and  around  both  these 
isLinds  every  month  from  and  including  June  until  the  1st  day  of  De- 
comber  (excepting  October),  and  at  no  time  were  there  as  many  seals 
in  ^ight  as  in  1890.  1  assert  tins  from  actual  observation,  and  it  is  my 
opi  lion  we  will  And  less  this  year. 

During  my  annual  cruising  in  Bering  Sea  and  to  and  from  the  Pribi- 
lof  Islands  I  have  carefully  noted  the  number  and 

Leander  Cox,  p.  416.  appearance  of  seals  iu  the  water  and  on  the  breed- 
ing rookeries  from  the  deck  of  my  vessel  and  have 
also  repeatedly  visited  the  hauling  grounds  from  year  to  year,  and  it 
was  about  1884  and  1885  that  bare  spots  began  to  appear  on  the  rook- 
eries, so  much  so  that  myself  and  the  other  oiJicers  often  spoke  of  it  and 
discussed  the  causes  therefor. 

The  decrease  in  number  of  seals  both  on  the  Pribilof  Islands  and  in 
the  waters  of  the  Bering  Sea  and  North  Pacific  has  been  very  rapid 
since  1885,  especially  so  in  the  last  three  or  four  yejirs,  and  it  is  my 
opinion  that  there  is  not  now  more  than  one  third  of  the  number  of 
seals  in  these  waters  and  on  the  islands  that  there  were  ten  years  ago. 

During  my  last  visits  to  the  islands  I  observed  a  very  marked  dimi- 
nution in  the  number  of  seals  thereon  as  con- 
Jaa.  H.  DouglasB,  p.  4l9.trasted  with  the  herd  seen  on  the  rookeries  five  or 

six  years  previously.  I  am  familiar  with  the  area 
and  topography  of  the  various  rookeries  on  the  islands,  and  have  ob- 
served that  spaces  formerly  occupied  by  seal  herds  are  now  vacant  and 


in- 
If., 


ON   PUIBILOF   ISLANDS. 


273 


3  "  from  the 
I  first  saw 
vna  oil  the 
;he  niutt«r, 
I  were;  but 
!>,  no  other 
liiuiuished, 

of  the  rev- 
cruised  ex- 
leal  ishiiuls 
>n  of  18!K)  I 
hs  of  July, 
rtuuitics  of 
8lied  at  tlie 
I  the  rook- 
i  that  year 
Commercial 
their  quota 
)y  beeu  per- 
that  num- 
ble  Hkiu  on 
of  animala 

,1891.  At 
)r  had  bee* 
St.  Georf 
)r  food,  tht) 
dlliug  any 
>oth  these 
day  of  De- 
many  seals 
nd  it  is  my 


the  Pribi- 
umber  and 
I  the  breed- 
i\  and  have 
ear,  and  it 
1  the  rook- 
te  of  it  and 

nds  and  in 
very  rapid 
id  it  is  my 
number  of 
years  ago. 

rked  dimi- 
^n  as  con- 
iries  live  or 
th  the  area 
d  have  ob- 
^ac4int  and 


parts  of  them  covered  with  grass.    This  diminiition  was  particularly 
uoticeublc  in  1H87  and  1888,  the  last  two  years  of  my  visit  to  tiio  islands. 

For  many  years  prior  to  1890  I  have  observed  the  rookeries  from  my 
ship  and  also  from  the  islands.    The  tlr^t  decrease 
in  the  number  appearing  on  the  rookeries  and  in      M.C.Enkine,  p.  i22. 
the  surrounding  sea  that  I  particularly  noticed 
was  in  the  summer  of  1881,  and  it  lias  become  more  marked  from  year 
to  year  since.    For  the  last  three  or  four  yeais  their  disappearance  has 
been  very  marked.    In  October,  1890,  1  made  a  triji  from  Cnalaska  to 
St.  Michaels.    When  about  L'O  miles  south  of  St.  George  we  commenced 
to  watch  for  seals  passing  the  Zapadnie  rookery  close  inshore,  ahing 
the  west  end  of  St.  George  Island  to  Otter  Island  and  Seal  Island 
rock:  thence  to  Northeast  Point,  about  a  mile  and  a  half  ortshore. 

When  we  started  1  reijuested  the  otlicers  to  keep  a  sharp  lookout  and 
to  report  if  they  saw  any  seals  in  the  water.  I  was  on  deck  most  of 
the  time  myself  also,  and  we  only  saw  2  seals  in  the  whole  run,  whereas 
ten  years  ago,  when  on  a  similar  voyage,  seals  were  so  jilentiful  that  it 
was  impossible  to  c(mnt  them.  From  my  long  observation  I  do  not 
think  there  are  as  many  seals  by  two-thirds  now  annually  arriving  on 
the  islands  or  in  those  waters  as  there  were  ten  years  ago,  when  I  llrst 
commenced  to  notice  that  they  were  dccieasing.  liy  this  statement  1 
mean  to  say  that  only  one-third  as  many  are  now  to  be  seen  as  formerly. 

Seals  have  decreased  in  numbers  very  rapidly  in  the  last  few  years, 
and  to  anyone  who  saw  the  breeding  rookeries,  as 
I  did,  in  1880,  the  change  is  most  wondeiful.  C. L.  Fowler, p.25. 

It  was  on  the  breeding  rookeries  and  among  the  cows  that  I  first 
began  to  notice  the  decrease  in  seal  lite,  mid  1  do 
not  think  there  was  nnne  than  one-fourth  as  many      c.  L.  Fowler,  p.26. 
cows  on  the  breeding  rookeries  in  1891  that  there 
was  in  1887. 

I  have  been  a  resident  of  the  seal  islands  for  the  past  ten  years; 
formerly  assistant  agent  of  the  Alaska  Coniiner- 
cial  Company,  now  agent  of  the  North  Aiiieriean      c.L.  Fowler,  }>.  HI. 
Company,  and  during  that  time  have  been  engaged 
in  the  taking  of  seals.    1  have  listened  to  the  testimony  of  J.  C.  lled- 
path  as  above,  and  fully  concur  in  all  tiiat  he  has  saidconcerning  seal  life, 
with  the  exception  that  the  number  of  seals  on  the  islands  this  season 
are,  in  my  judgment,  not  more  than  oue-fourth  of  what  they  wore  in 
1887. 

In  those  days  [from  1869  to  1882  or  188.31  ""'O 
used  to  get  plenty  of  seals  on  the  Zoltoi  swiids  near   jno.  Fratt$,  p.  107. 
the  Reef  rookery,  and  now  there  are  none  there. 

It  was  in  1881  that  I  first  luiticed  a  decrease  in  the  seals,  and  it  has 
been  a  steady  and  a  very  rapid  decrease  (*ver  since  1880,  so  that  at  pres- 
ent there  is  not  one-quarter  as  many  seals  on  the  island  as  there  was 
every  year  from  18G9  to  1883. 

In  1889  I  made  careful  observations  of  the  rookeries  on  St.  Paul 
Island  and  marked  out  the  areas  covered  by  the 
breeding  grounds:  in  1890  I  examined  these  lines    Chaa.  J.  Goff,p.  HI. 
made  by  me  the  former  year  and  found  a  very 
great  shrinkage  in  the  spaces  covered  by  breeding  seals. 
18  B  s 


m 


274 


EVIDENCE   OF    DECREASE 


In  1880  it  was  quite  dilliciilt  for  the  lessees  to  obtain  their  full  quota 
of  100,000  shins;  so  dillicult  w  isit,  in  tact,  tliat  in  order  to  turn  oft'asuf- 
ticient  number  of  four  and  iive  years  ohl  males  from  tlie  liaulinj^f  grounds 
for  breediiifi'  i)uri)oses  in  the  future,  the  lessees  were  compelled  to  take 
about  50,000  skins  of  seals  of  one  or  two  yea  rs  of  age.  I  at  once  reported 
this  fact  to  the  Se(Tetary  of  the  Treasury,  and  advised  the  taking  of  i 
less  number  of  skins  the  following  year.  Pursuant  to  such  rejjort  the 
Government  fixed  up(»n  the  number  to  be  taken  as  00,000,  and  further 
ordered  that  ..11  killing  of  seals  ui)on  the  islands  should  stop  after  the 
20th  day  of  July.  1  was  further  ordered  that  I  should  notify  the  natives 
upon  the  A  'utian  Islands  that  all  killing  of  seals  while  coming  from 
or  going  to  he  seal  islands  was  lu'ohibitod.  These  rules  and  regula- 
tions went  into  ellect  in  IStiO,  and  pursuant  thereto  1  posted  notices 
for  the  natives  at  various  jjoints  along  the  Aleutian  chain,  and  saw 
that  the  orders  in  relation  to  the  time  of  killing  and  number  allowed 
to  be  killed  were  executed  upon  the  islands.  As  a  result  of  the  en- 
forcement of  these  ]-egulations,  tlie  lessees  were  unable  to  take  more 
than  L>],2.'JS  seals  of  the  billable  age  <»f  from  1  to  5  years  dunng  the 
season  of  1800,  so  great  had  been  tlie  decrease  of  seal  life  in  one  year, 
and  it  wimld  have  been  impossible  to  obtain  00,000  skins  even  if  the 
time  had  been  unrestricted. 

The  Table  A*  appended  to  tliis  ailidavit  shows  how  great  had  been 
the  decrease  o'l  St.  Paul  Islands  hauling  grounds, 
67(08.  J.  Gof,  p.  IIJ.  bearing  in  mind  the  fact  that  the  driving  and  kill- 
ing was  done  by  the  same  persons  as  in  former 
years,  and  was  as  diligently  carried  on,  the  weather  being  as  favorable 
as  in  bSS!)  \\n-  seal-dri\  iiig.  \  believe  that  the  sole  cause  of  the  decrease 
is  pelagic  sealing,  which  from  reliable  information  I  understand  to 
have  increased  greatly  since  1884  ov  1885.  Another  fact  I  have  gained 
liom  relialde  sources  is  that  the  great  majority  of  the  seals  taken  in 
the  o])en  sea  are  pregnant  femalesor  females  in  milk.  It  is  an  un(|ues- 
tionable  fact  that  the  killing  of  these  females  destroys  the  ])ups  they 
are  carrying  or  nnising.  Tlie  lesult  is  that  this  destruction  of  i>u|)S 
takes  about  eiiually  from  the  nude  and  female  increase  of  the  herd,  and 
when  so  many  male  pups  are  killed  in  this  manner,  besides  the  100,000 
taken  on  the  islands,  it  necessarily  affects  the  number  of  killable  seals. 
In  1880  this  drain  ipon  male  seal  life  showed  i!  self  on  the  islands,  and 
this,  in  my  opinion,  acc<uuits  for  the  necessity  ot  tlie  lessees  taking  so 
many  young  seals  that  year  to  lill  out  their  qiu)ta. 

As  soon  as  the  effects  of  pelagic  sealing  were  noticed  by  me  upon  the 
islands  I  reported  the  same,  and  the  Government  at  once  took  steps  to 
limit  the  killing  upon  the  islands,  so  that  the  rookeries  might  have  an 
opi)ortunity  to  increase  their  numbers  to  their  former  condition;  but 
it  will  be  imi)ossible  to  repair  the  depleti<  n  if  ]»elagic  sealing  continues. 
I  have  no  doubt,  as  I  reported,  that  the  taking  of  100,000  skins  in  1880 
affected  the  nude  life  on  the  islands,  and  cut  into  the  reserve  of  male 
seals  necessary  to  preserve  annually  for  bree<ling  purposes  in  the  fu- 
ture, but  this  fact  did  not  become  evident  nncil  it  was  too  late  to  re- 
pair the  fault  that  year.  Except  tor  the  numbers  destroyed  by  i>elagic 
sealing  in  the  years  )neviousto  1880  the  hauling  grounds  would  not  have 
been  so  depleted,  and  the  taking  of  100,000  male  seals  would  not  have 
iini)aired  the  reserve  tor  breeding  purposes  or  diminished  to  any  ex- 
tent the  seal  life  on  the    Pribilof  Islaiuls.     I^en   in  this  diminished 


•See  "  Dependcmii  on  Aliiskau  Herd,"  under  "The  Seiil-bkiu  Industry"  for  this 
table. 


ON   rUiniLOF    ISLANDS. 


275 


r  full  quota 
:n  off  a  suf- 
II  g  grounds 
led  to  take 
Lie  reported 
taking  of  i 
re])ort  the 
iiul  further 
1>  after  the 
the  natives 
miiig  from 
lul  regula- 
ted notices 
n,  and  saw 
)er  allowed 
;  of  the  en- 
take  more 
during  the 
1  one  year, 
even  if  the 


b  had  been 
g  grounds, 
ig  and  kill- 
in  former 
<  favorable 
le  decrease 
L'rstand  to 
ive  gained 
s  taken  in 
in  un(|nea- 
l)ui)s  they 
>ii  of  pups 
lieid,  and 
lie  10(>,()0(> 
able  seals, 
a  lids,  and 
taking  so 

upon  the 
k  stei)s  to 
it  have  an 
itioii;  but 
[•oiilimiiis. 
MS  in  1,SS<) 
a  of  inal<3 
n  thefu- 
late  to  re- 
)y  pelagic 
I  not  have 
not  have 
I)  any  ex- 
iniiiiished 

y  "  for  this 


state  of  the  rookeries  in  1889  I  carefully  observed  that  in  the  majority 
of  cases  the  four  and  Ave  years  old  males  were  allowed  to  drop  out  of  a 
"drive "before  the  bachelors  liad  been  drivei<  :>ny  distance  from  the 
hauling  grounds.  These  seals  were  let  go  for  the  sole  i)urpose  of  sup- 
plying suilicient  future  breeders. 

I  believe  there  has  been  a  great  decrease  in  the  numbers  of  the  fur- 
seal  species;  I  do  not  believe  that  there  are  now 
one-tenth    as    nip.iy   fur  seals    frequenting    the    Chaa  J.  Hag ne, p.  208. 
I'ribilof   Islands  as   there  were   ten  years   ago. 
Nine  or  ten  years  ago,  when  lying  off  tlie  Pribilof  Islands  in  the  fall, 
the  young  seals  use<l  to  play  in  the  water  about  the  vessel  in  large  num- 
bers; in  going  to  the  westward  in  tlh^  month  of  May  many  seals  were 
always  to  be  seen  between  Unalaska  and  the  Four  Mountain  Islands. 
In  midsummer,  when  making  passages  bet  ween  Unalaska  and  the  Prib- 
iioff  Islands,  used  to  see  large  bodies  of  I'lir  seals  feeding — they  were 
invariably  to  be  met  with  most  numerously  about  GO  miles  north-north- 
Avest  true  from  Unahiska,  and  from  there  up  to  the  islands  a  continuous 
stream  of  seals  was  to  be  seen  nnningtoand  from  the  feeding  grounds. 

When  last  1  visited  tlie  rookeries  three  years  ago,  in  1S8!>,  I  noticed 
a  great  shrinkag*'  in  liie  area  covered  by  seals  on  the  rookeries. 

In  3880  and  1887  there  ai)peared  to  be  enough  seals  and  the  Tiicn 
were  kept  pretty  steadily  at  work  alter  the  first 
few  days  of  the  season  until  the  catch  was  com-    Alex,  Hanason,}).  IIQ. 
l)lefed.    (}ood-si/ed  skins  were  taken   in  these 

years  and  there  was  no  trouble  in  getting  them,  but  large  seals  grew 
very  scarce  on  the  island  in  1888,  and  still  more  so  in  the  three  follow- 
ing years,     *     *     * 

I  am  sure  the  size  of  the  rookeries  on  St.  Paul  Island  and  the  num- 
ber of  seals  on  them  in  1801  were  less  than  one-half  of  their  size  wnd 
number  in  1880. 

Coincident  with  the  increase  of  hunting  seals  in  the  sea  there  was 
an  increasi^  in  tlu;  death  rate  of  pup  seals  on   the 
rookeries;  also  a  pei'ceptiblediiuinution  of  female    "'•  S-  Ihrefoid, p.  32. 
seals.    As  hunting  increased  it  became  sell"»'vi- 

(lent,  even  to  the  most  casual  observer,  that  the  rookeries  were  becom- 
ing devaslated.  It  is  positixely  a  (act  that  then^  are  not  near  as 
many  seals  occu,.yiiig  the  rookeries  now,  at  the  present  tinns  as  there 
were  when  I  lirst  saw  the  islands.  The  vacant  spac<  »n  the  breeding 
and  hauling  giouiKls  have  increased  in  size  from  ywv  to  year  since 
18Sf,  and  iiave  becHi  very  noticeable  for  the  last  to-  .    )r  live  years. 

When  I  li'st  went  to  the  seal  islands  the  seals  weit  actually  increas- 
ing in  numbers  instead  of  diminishing.  Two  facts  [ueseiited  them- 
selves To  me  later  on: 

I'^irst.  Heals  were  arriving  each  year  in  diminished  numbers. 

.Second.  At  the  same  time  that  the  female  seals  w«!re  decreasing  in 
numbers  the  number  of  dead  ])ups  (ui  the  rookeries  was  increasing 

The  indiscriminate  slaughter  of  seals  in  the  water  has  so  depleted 
their  number  that  the  comi)any  is  at  i)resent  unable  to  get  their  quota 
of  skins  on  the  island  as  allowed  i)er  contract  with  the  Government, 
ami  is  restricted  to  such  an  insignificant  number  that  it  is  not  enough 
to  supply  food  to  the  native  population  of  the  islands. 

It  is  an  indisi)utable  fa(;t  that  large  portions  of  th<'.  breeding  rookeries 


276 


EVIDENCE   OF   DECREASE 


and  hauling  grounds  are  bare,  where  but  a  few  years  ago  nothing  but 
the  happy,  noisy,  and  snarling  seal  families  could  be  seen. 

The  driving  rookeries  also  necessarily  have  suffered,  as  witness  the 
difference  in  the  catch,  a  drop  from  100,000  to  about  20,000  in  1890. 

I  have  been  employed  on  the  seal  islands  since  1882,  and  I  have  re- 
sided upon  them  continuously  for  ten  years,  and 

Edward  Hu(jhes,  p.  37.  have  a  personal  knowledge  of  seal  life  as  it  e-xists 
on  these  islands  and  in  the  waters  surrounding 
them,  and  there  is  less  than  one  third  as  many  seals  coming  to  the 
islands  last  year  than  theie  was  in  1882.  The  decrease  in  the  number 
of  seals  coming  to  the  islands  was  first  noticed  and  talked  about  in  two 
or  three  years  after  I  first  came  to  live  here;  and  since  1887  the  decrease 
has  been  very  lapid. 

A  (lareftil  inspection  of  the  rookeries  each  returning  season  since  1887 
showed  that  the  cows  were  getting  less  and  less,  although  it  was  a  rare 
thing  to  find  a  cow  seal  that  did  not  have  a  puj)  at  her  side. 

Ten  or  twelve  years  ago  the  rookeries  and  sea  were  full  of  seals,  but 

now  there  is  not  a  great  many;  we  used  to  kill 

JacohKotchootcn,p.  132.  8;>,0U0  in  less  than  two  mouths'  time  on  St.  Paul 

Island,  and  our  people  earned  plenty  of  money  to 
buy  everything  they  wanted,  and  iu  tiie  winter  we  killed  2,000  or  3,000 
mah?  [)ups  for  food  and  clothing.  Now  we  are  not  allowed  to  kill  any 
moie  pups,  and  only  7,r)0U  male  seals  for  food,  and  our  people  are  very 
much  worried  to  know  what  is  to  become  of  themselves  and  children. 

I  remember  the  tirst  time  T  noticed  a  decrease  of  seals  on  the  rook- 
eries, about  seven  or  eight  years  ago,  and  the  seals 
NicoU  Erukoff,  p.  132.    have  become  fewer  every  year  since.    We  used 
to  kill  85,000  seals  on  St.  Paul  Island  in  less  than 
sixty  days'  time  until  1S!)0,  when  they  became  so  few  we  could  not 
take  more  than  about  ono-foiirtli  of  that  number  in  the  same  length  of 
time. 

All  our  people  know  the  seals  are  getting  scarcer  every  year,  and  we 
Nicoli  Kvukoff,  p.  133.  think  it  is  because  of  the  schooners  coming  in  and 
shootjng  the  cows  m  the  sea. 

About  188r)  a  decrease  was  observed,  and  that  decrease  has  become 

more  marked  every  yciU'  from  1885  to  the  presejit 
AggeiKuahen,p.V2H.       tj^^^^ 


i!;   ■ 


There  are  not  one-fourth  as  many  seals  now  as  there  were  in  1882, 

ami  our  |ieo])le  are  very  much  alarmed  to  know 

Aggei  KuaheiifP.ViO.     what  is  to  become  of  them  after  the  seals  are 

killed  olf.     If  the  seals  decrease  as  fast  as  they 

have  during  tlie  past  live  or  six  years  there  will  be  none  left  iu  a  very 

short  time  for  us  to  live  upon. 

During  the  time  from  1885  to  1SS9  there  Avas  a  very  marked  decrease 
in  the  sizt^  of  the  breeding  grounds  on  St.  Paul 
Abial  P.  Loud  p.  QS.       Island,  and  from   1887  to  1881)  1  also  noticed  a 
great  decrease  iu  the  areas  covered  by  the  rook- 
eries on  tit  George  Island. 


thing  but 


itness  the 
1 1890. 

I  have  re- 
hears, and 
s  it  exists 
irouiidiiig 
ig  to  the 
e  number 
out  in  two 
B  decrease 

since  1887 
was  a  rare 


seals,  but 
ed  to  kill 
1  St.  Paul 
■  money  to 
JO  or  3,000 
D  kill  any 
3  are  very 
children. 

the  rook- 
d  the  seals 
We  used 
less  than 
could  not 
length  of 

ir,  and  we 
ing  iu  and 


US  become 
le  present 


•e  in  1882, 
to  know 
seals  are 

it  as  they 
iu  a  very 


decrease 

yt.  Paul 

noticed  a 

the  rook- 


ON    PRTBILOF   ISLANDS. 


277 


In  his  reports  of  1880  and  1887  George  R.  Tingle,  special  Treasury 
agent  iu  charge  of  the  seal  islands,  reported  having  measured  the 
rookeries  on  the  islands,  and  that  the  seals  had  largely  increased  in 
number,  giving  the  in{;rease  at  about  2,000,000.  From  this  report  I 
dissente«l  at  the  time,  as  I  was  unable  to  see  any  increase,  but  on  the 
contrary  a  perceptible  decrease,  in  the  rookerjj^s.  I  expressed  my  views 
to  manj-  on  the  islands,  and  all  agreed  that  there  had  been  no  increase 
in  seal  life.  I, do  not  think  that  there  was  a  single  person  ontheisland 
except  Mr.  Tingle  who  thought  there  had  been  increase,  or,  in  fact, 
that  there  had  not  been  a  decrease  in  seal  life.  The  measurements  of 
the  rookeries  on  which  Mr.  Tingle  relied  were  made  with  a  common 
rope,  by  ignorant  natives,  while  the  seals  were  absent  from  the  islands, 
the  grounds  covered  by  them  being  designated  by  Mr.  Tingle  from 
memory. 

That  during  the  three  years  fallowing  1882,  namely,  1883, 1884,  and 
1885, 1  was  not  upon  the  islands;  that  upon  my 

return  to  said  islands  in  1880  I  noticed  a  slight  H.  H.  Mclntyre,  p.  45. 
shrinkage  in  the  breeding  areas  but  am  unable  to 
indicate  the  year  of  the  ])eriod  of  my  absence  in  which  the  decrease  of 
breeding  seals  began;  thatfromtheyear  i88Gto  1880,  inclusive,  my  obser- 
vation was  continuous  aiulthat  therewasagreater  decrease  of  the  seals 
for  each  succeeding  year  of  that  jieriotl,  iu  a  cunuilative  ratio,  propor- 
tionate to  the  number  of  seals  killed  by  pelagic  sealers. 

In  1886  I  again  assumed  personal  direction  of  the  work  upon  the  is- 
lands, and  continued  in  charge  uj)  to  and  includ- 
ing 1880.  Ami  now,  for  the  first  time  iu  my  expe-  h.  r,  Mclntyre,  p.  50. 
rience,  there  was  difliculty  in  securing  sudi  skins 
as  we  wanted.  The  trouble  was  not  particularly  marked  in  1880,  but  in- 
creased from  year  to  year  to  an  alarming  extent  intil  in  1880,  in  order 
to  secure  the  full  quota  and  at  the  same  tinn'  tui  u  back  to  the  rooker- 
ies such  bleeding  bulls  as  they  seemed  to  absolutely  need,  we  were 
forced  to  take  fully  .'50  per  cent  of  animals  under  size,  which  ought  to 
hfive  been  allowed  one  or  two  years  more  growth.  Concerning  this 
matter  I  reported  to  the  Alaska  Commercial  Company  under  date  of 
July  10,  1880,  as  follows:  "The  contrast  between  the  present  condition 
of  seal  life,  and  that  of  the  first  decade  of  the  lease  is  so  marked  that 
the  most  inexpert  can  not  fail  to  notice  it.  Just  when  the  change  com- 
menced I  am  unable,  from  i)ersoiial  observation,  to  say,  for  as  you  will 
remember  I  was  in  ill  health  and  unable  to  v^isit  the  islands  in  1883, 
1884,  and  1885.  1  left  the  rookeries  in  1882  in  tlu'ir  fullest  and  best 
condition,  and  found  them  in  1880  already  showing  slight  falling  off, 
and  experienced  that  year  for  the  first  time  some  dilllculty  in  securing 
just  the  class  of  animals  in  every  case  that  we  desired.  We,  however, 
obtained  the  full  catch  in  that  and  the  two  following  years,  finishing 
the  w<uk  from  the  2Uh  to  the  27th  of  Jidy,  but  were  obliged,  particu- 
larly in  1888,  to  content  ourselves  with  smaller  skins  than  weliad  here- 
tofore taken.  This  was  in  part  due  to  the  necessity  of  turning  back 
to  the  rookeries  many  half  grown  bulls,  owing  to  the  notable  scarcity 
of  breeding  nniles.  I  should  have  been  glad  to  have  ordered  them 
killed  instead,  but  under  your  instructions  to  see  that  the  best  interests 
of  the  rookeries  were  conserved,  thought  best  to  reject  them.  The  re- 
sult of  killing  from  year  to  year  a  large  and  increasing  number  of  small 
animals  is  very  njiparent.  We  are  simply  drawing  in  advance  upou 
the  stock  that  should  be  kept  over  for  another  year's  growth.'' 


278 


EVIDENCE    OF    DECREASE 


Q.  How  does  the  uninber  of  so^ils  on  the  rookeries  this  year  compare 
with  tlie  iiuiiiber  foiiv  or  live  years  ajjo? — A.  The 
Nocn  Mandrefjin  et  al,  iiniuber  uow  is  about  oue-lourtli  of  what  they  were 
J'-140.  then. 

In  1887  I  began  to  notice  a  diiiiinntion  in  tlie  number  of  sials  jirriv- 

inj;-  at  the  islands,  wliich  was  due  to  tlieindiscrim- 

Jno. Maiouay8hi  pidi  jnate  kJUiii;'- l)v  sealiiij?  vessels  in- the  open  sea, 

(Commanuer  Islands).  -,.        ,.,,  '    ■,        ]•    .       ,  *  ' 

^  '        some  ;»()  or  ()0  miles  distant. 

While  we  still  obtain  about  the  usual  number  of  skins,  many  are 
taken  from  the  younger  animals  than  formerly,  and  are  somewhat  in- 
ferior in  quality. 

But  from  1885,  which  was  about  the  time  the  sealers  appeared  in  the 
waters,  the  decrease  in  seal  life  was  rapid  and 

Jno.Maloicami(y,jK\^d  ^-jm  natives  commenced  saving  "no  females,"  "no 
{Commander  Islands).  ^.,.,„,,i^^^,^„  ^^tji  ,,,,,,,  ,,.^  .^-^  confronted  with  de- 
pleted rookeries  and  probable  extermination. 

Anton  Melovedoff,p.  139.  Q.  Have  you  noticed  any  perceptible  difference 
in  the  number  of  seals  on  rookeries  from  one  year 
to  another? — A.  Yes. 

Q.  What  changes  have  yon  noticed? — A.  They  have  been  getting  less 
every  year  for  about  the  last  six  years. 

Q.  About  how  much  less  is  the  number  of  seals  during  the  past  year 
than  they  were  six  years  ago? — A.  The  numberof  sealsthis  year  are  about 
■one-fourth  of  what  they  were  six  years  ago,  and  about  one-half  of  what 
they  were  last  year. 

(i.  In  what  way  do  you  form  your  above  opinion  as  to  the  relative 
number  of  seals  on  the  rookeries? — A.  By  the  fact  that  many  spaces 
on  the  rookeries  which  w^ere  formerly  crowded  are  now  not  occupied  at 
all. 

About  1886  I  noticed  that  the  lines  of  former  years  were  not  filled 

with  cows,  and  every  succeeding  year  since  then 

A.  Mcloredoff,p.U3.      lias  shown  a  more  marked  decrease.    In  188!)  the 

bacheh)rs  were  so  few  on  tlie  hauling  grounds  that 

the  standard  weight  of  skins  was  lowered  to  5  pounds,  and  iiundreds 

were  taken  at  only  4  jxmiuls  in  order  to  till  the  quota  of  100,000. 

Until  the  schooners  came  into  P.ering  Sea  the  rookeries  were  always 

well  tilled,  and  many  of  them  had  grown  steadily 

Simeon  Meloiidoc,    p.  jj^j.  yj-.j^.s;^  until  it  was  no  uncomuum  thing  for  the 

lessees  to  take  the  (juota  of  8r),000  seals  on  St. 
Paul  Island  between  June  1  and  July  L*0  of  each  year.  After  1884, 
when  the  original  two  or  three  sealing  vessels  had  grown  to  be  a  well 
organized  licet,  we  found  a  steady  decrease  of  seals  on  all  the  rookeries 
and  we  found  it  dillicult  to  secure  the  quota  of  skins,  and  in  1889  the 
lessees  had  to  h)wer  the  standard  of  weight  lower  than  ever  before  in 
the  history  of  the  island. 

From  the  year  1874  till  1885  we  were  able  to  g'^t  from  St.  George  and 

St.  Paul   islands  1(10,0(10  male  seals  within   the 

T.F.  Morgan,  p.QS.        ])eriod  known  as  the  sealing  season  of  six  weeks, 

from  the  10th  of  June  to  the  1st  of  August,  and 

still  leave  a  large  percentage  of  marketable   seals.    In  1885,  and  iu 


ON   rniHILOF    ISLANDS. 


279 


eai*  compare 
o?— A.  The 
it  they  were 


soiils  arriv- 
le  indiscriin- 

B  open  sea, 


,  many  are 
mewhat  in- 


3ared  in  the 
I  rapid  and 
males,"  "no 
id  with  de- 


e  difference 
)m  one  year 

getting  less 

a  past  year 
ar are  about 
lalf  of  what 

;he  relative 
lany  spaces 
occui)ied  at 


e  not  filled 
•  since  then 
In  188!)  the 
•onndsthat 
I  Iiundreds 
),000. 

ere  always 
vn  steadily 
ling  for  the 
\ils  on  St. 
After  1884, 
)  be  a  well 
e  rookeries 
in  1889  the 
r  before  iu 


jieorge  and 
within  the 
six  weeks, 
ngnst,  and 
iS5,  and  iu 


every  year  thereafter  until  I  left  in  1887,  there  was  a  marked  decrease 
in  the  number  of  marketable  skins  that  could  be  obtained  in  each  year 
during  the  sealing  season.  We  were  abh',  down  to  the  last  year  (1887) 
to  get  our  total  catch  of  10(),(H)0  seals,  but  in  order  to  get  that  number 
we  had  to  take  wiiat  in  previous  years  we  would  have  rejected,  namely, 
undersized  skins,  i.  e.,  the  skins  of  young  seals.  Prior  to  1887  we  had 
endeavored  to  take  no  skins  weighing  less  than  8  [xmnds,  but  in  order 
to  make  up  our  quota  in  the  last-mentioned  year  we  had  to  take  skins 
weighing  as  little  as  0^  pounds  to  the  number  of  several  thousand. 

In  the  years  1885,  1880,  and  1887  my  attention  was  attracted  not 
.only  to  a  diminution  in  the  number  of  killable 
seals  appearing  on  the  island,  but  to  a  decrease  in      j.  f.  Morgan,  p.6i. 
the  females  as  well.     Up  to  the  year  1884  the 

breeding  space  in  tlie  rookeries  had  increased,  and  from  that  year 
down  to  1887,  when  I  left  the  island,  the  acreage  covered  by  the  rook- 
eries which  were  occupied  by  seals  constantly  diminished. 

That  my  attention  was  called  to  the  decrease  of  seals  and  the  deple- 
tion of  the  rookeries  at  an  early  date  after  my 
arrival,  and  that  I  attempted  to  study  the  habits     Joseph  Murray,  p.  73. 
and  conditions  and  to  note  the  numbers  of  seal  cm 

the  several  rookeries  and  hauling  grounds,  and  that  the  natives  and 
employ^isof  the  Alaska  Commercial  Comj)any  weie unanimous  in  their 
opinions  that  the  seal  had  been  decreasing  steadily  and  rajndly  since 
1884,  and  I  reported  the  fact  to  Agent  Golf,  who  had  tbund  similar  con- 
ditions existing  on  8t.  Paul,  and  he  so  reixtrted  to  the  Department 
and  suggested  that  not  more  than  00,000  seals  sliould  be  taken  in  any 
one  season  in  future. 

In  pursuance  of  instructions  from  Agent  Goff  I  left  St.  George  Isl- 
and on  the  19th  of  July,  1890,  and  landed  on  St.  Paul  Island  on  the 
20th  of  the  same  month,  and  remained  there  until  August,  1891.  Dur- 
ing the  month  of  eJuly,  1890,  1  walked  over  the  rookeries  and  hauling 
grounds  of  St.  Paul  Island  and  Agent  Golf  pointed  out  to  me  the  lines 
to  which  in  former  years  the  seals  hauled  and  the  large  areas  which 
they  covered;  and  then  he  called  my  aluntion  to  the  small  strip  cov- 
ered by  seals  on  that  date,  which  was  smaller  than  the  year  i^revious. 

Agent  Goff  stopi)ed  the  killing  of  seals  by  the  lesscs  on  and  after 
the  liOth  of  July,  1890,  because  of  the  depleted  condition  of  the  haul- 
ing grounds;  and  I  fully  concurred  in  his  order  and  action.  I  spent 
the  sealing  season  of  1891  on  St.  I'aul  Island,  and  pursuant  to  instruc- 
tions of  Agent  Williams,  I  gave  my  time  and  sjjccial  attention  to  the 
study  of  the  condition  of  the  rookeries,  both  the  breeding  and  grounds. 
I  visited  the  rookeries  daily  from  the  7th  to  the  2L'd  of  Jul}' — during 
the  period  when  the  rookeries  are  fullest  and  at  their  best — and  I  care- 
fully noted  their  condition  and  the  luimber  of  seals;  the  number  of 
cows  to  the  fomily,  and  the  number  of  idle,  vigorous  bulls  upon  each 
rookery. 

Upon  my  first  visit  to  the  rookeines  and  hauling  grounds  of  the  island 
of  St.  Paul,  my  attention  was  attracted  to  the  evi- 
dences of  recent  and  remote  occupancy  by  the      s.R.NeUleion,p.75. 
seals.    Marked  difterences  were  noticeable  in  the 
appearance  of  vegetation  on  large  areas  formerly  occupied  as  breeding 
and  hauling  grounds,  while  near  the  water's  <Mlge,  more  recently  occu- 
pied, the  ground  was  entirely  bare  of  vegetation,  enabling  one  to  trace 


[!   I-  I 


280 


EVIDENCE    OF   DECREASE 


the  gradual  flecreascof  areas  occupied  rturiiifitlio  last  six  to  eight  years. 
My  examination  of  tlie  rookeries  on  St.  Paul  and  St.  George  during 
the  years  1890-'91  and  1892  enabled  me  to  trace  the  yearly  decreasing 
area  occui)ied  by  the  fur-seals  on  these  islands.  Aside  from  the  evi- 
dences of  deserted  rookeries  and  hauliny'  grounds  sliown  by  the  grounds 
themselves,!  was  shown  by  native  inliabitants  of  each  island  the  grounds 
occupied  in  formei-  years  now  deserted  and  grass-grown.  The  silent  wit- 
ness of  the  deserted  rookeries  bears  out  tie  testimony  of  the  resident 
agents  of  the  lessees  of  the  islands,  and  of  the  native  iidiabitantsof  the 
islands,  that  the  number  of  s(>als  on  the  islands  began  to  decrease  with 
the  advent  of  pelagic  sealing,  and  that  the  yearly  decrease  has  been  in 
proportion  with  the  yearly  increase  in  the  number  of  vessels  engaged  in 
that  enterprise. 

The  decrease  in  the  number  of  seals  coming  to  the  islands  in  last  three 

or  four  years  became  so  manifest  to  everyone  ac- 

L.  J.  Noyes, p. 83.  quninted  with  the  rookeries  in  earlier  days  that 

vari(ms  theories  have  been  advanced  in  an  attempt 

to  account  for  tlie  cause  of  this  sudden  change,  and  tiie  following  are 

some  of  them:  1st,  "A  dearth  of  bulls  ui)on  tiie  bree<ling  rookeries;" 

2d,  "Impotency  of  bulls,  caused  by  overdriving  while  they  were  young 

bachelors;"  and  3d,  "An  epidemic  among  the  seals." 

Q.  Have  you  noted  any  pcrcei>tible  difference  in  the  number  of  seals 

on  tiu^  rookeries  from  one  year  to  another?    If  so, 

J.C.JRed2)ath,p.U0.      what  changes  liave  you  observed? — A.  Within 

the  last  foui'  five  yeats  I  have  observed  a  decided 

decrease  in  the  number  of  seals  on  the  rookeries. 

Q.  In  what  proportion  have  the  seals  decreased  within  the  time  men- 
tioned?— A.  As  far  as  my  judgment  goes,  I  should  say  at  least  one- 
half. 

As  the  schooners  increased  the  seals  decreased,  and  the  lines  of  con- 
traction on  the  rookeiies  were  noticed  to  draw 
J,  C,  liedpaih,  p.  151.      nearer  and  nearer  to  the  beaeh,  and  the  killable 
seals  became  fewer  in  numbers,  and  harder  to  find. 
In  1886  the  decrease  was  so  plain  that  the  natives  and  all  the  agents 
on  the  islands  saw  it  and  were  startled;  and  theories  of  all  sorts  were 
advanced  in  an  attempt  to  account  for  a  cause. 

I  had  no  difficulty  in  getting  tlie  size  and  weight  of  skins  as  ordered, 
n<n'  had  my  i)redecesso's  in  the  ollice,  up  to  and 
Leon  Slos8,  p.  91.  including  1881.    Tiie  casks  in  which  we  packed 

them  for  shipment  were  made  by  the  same  man 
for  many  years,  and  were  always  of  uniforta  size.  In  1885  these  casks 
averaged  about  47A  skins  each,  and  in  188<!  they  averaged  about  ^Oi 
skins  each,  as  shown  by  the  records  in  (uir  office.  After  tliis  date  the 
number  increased,  and  in  18SSthey  averaged  about  .55f  skins  per  cask, 
and  in  1889  averaged  about  (50  skins  per  cask.  These  latter  were  not 
such  skins  as  wo  wanted,  but  the  superintendent  on  the  islands  re- 
ported that  they  w  ere  the  best  he  couhl  get. 


Z.  L.  Tanner,  p.  375. 


The  number  of  seals  on  the  Pribilof  Islands  is 
decreasing.  I  saw  positive  in^oof  of  this  on  St. 
Paul  Island  last  season. 


ON   PRIBILOF   ISLANDS. 


281 


Igbt  years, 
ge  during 
lecreasiiig 
n  the  evi- 
le  grounds 
le  grounds 
!  silent  wit- 
le  resident 
ants  of  the 
rease  witli 
I  as  been  in 
engaged  in 


i  last  three 
eryoue  ac- 
days  that 
an  attempt 
h)wing  are 
rookeries;" 
vere  young 


)er  of  seals 
ler?  If  so, 
A.  Within 
1  a  decided 

i  time  raen- 
;  least  oue- 


nes  of  con- 
d  to  draw 
le  killable 
tier  to  tind. 
the  agents 
sorts  were 


IS  ordered, 
up  to  and 
we  packed 
same  man 
liese  casks 
about  iids 
s  date  the 
per  cask, 
r  were  not 
islands  re- 


1  had  an  excellent  opportunity  to  observe  some  of  the  seal  rookcriea 
during  ray  first  visit  to  the  islands,  and  spent 
much  time  in  studying  the  habits  of  the  seals,  both      Francis  Tattle,  p.  487. 
on  the  rookeries  and  in  the  adjacent  waters.     I 
was  particularly  impressed  with  the  groat  numbers  to  be  seen  l)oth  on 
Ifind  and  in  the  water.     During  the  summer  of  1S89  the  Rntih  was  so 
actively  engaged  cruising  in  pursuit  of  vessels  engaged  in  illegal  seal- 
ing that  our  anchorages  off  the  seal  rookeries  that  seasim  were  sliort 
and  infrequent;  hence  I  did  not  have  the  opportunity  to  observe  tlem 
as  closely  on  land  as  the  i)receding  year. 

During  1890  the  Rush  was  not  engaged  in  preventing  sealing  outside 
the  shore  limit,  and  we  si)ent  much  time  in  full  view  of  the  seal  rook- 
eries and  cruising  about  tl.'e  seal  islands,  and  1  also  made  frequent 
visits  to  the  breeding  grounds. 

The  deserted  appearance  of  the  rookeries  and  the  absence  of  seals  in 
the  wjiter  was  very  noticeable  and  was  a  matter  of  general  remark 
among  the  officers  of  the  vessel  who  had  been  on  the  former  cruises.  Very 
large  tracts  of  the  rookeries  whicli  I  had  formerly  seen  oocui)ied  by  the 
seals  were  entirely  deserted,  and  the  herds  were  much  smaller  than 
those  of  188S.  My  attention  was  also  called,  by  those  conversant  with 
the  facts,  to  the  grass  growing  on  the  inshore  side  of  S(mie  of  the  rook- 
eries, and  to  the  three  different  shades  of  grass  to  be  seen,  indicating 
the  spaces  that  had  not  been  occui)ied  by  the  seals  for  several  years, 
owing  to  their  diminished  nun>ber.  The  darker  shade  showed  where  the 
growth  first  commenced,  and  a  lighter  shade  for  each  siu'ceeding  year. 
There  were  three  or  lour  ditlerently  siiaded  growths,  re.aching  down  to 
the  sand  of  the  rookeries,  and  on  that  portion  of  the  rookeries  occupied 
by  seals  they  were  not  lying  near  as  compact  as  in  1888. 

In  our  frequent  passages  duiing  K^DO,  between  the  Aleutian  group 
and  the  seal  islands,  we  sometimes  made  an  entire  i)assage  without 
seeing  a  sesil.  This  was  entirely  ditlerent  from  the  experience  of  the 
I)receding  years,  indicating  a  great  falling  ofl'of  seal  life. 

In  the  year  ISSO  T  thought  I  began  to  notice  a  falling  off  from  the 
year  previous  of  the  number  of  seals  on  North- 
east Point  rookery,  but  this  decrense  was  so  very     Danl.  Webster,  p.  181. 
slight  that  probaijly  it  would  not  have  been  ob- 
served by  one  less  familiar  with  seal  life  and  its  conditions  than  I;  but 
I  could  not  discover  or  learn  that  it  showed  itself  on  any  of  the  other 
rookeries.    In  1884  and  ISSf)  1  noticed  a  decrease,  and  it  became  so 
marked  in  ]88(»  that  everyone  on  the  islands  saw  it.    This  marked  de- 
crease in  18S(!  showed  itself  on  all  the  rookeries  on  both  islands. 

Until  1887  or  1888,  however,  the  decrease  was  not  felt  in  obtaining 
skins,  at  which  time  the  standard  was  lowered  fromO  and7])ound  skins 
to  5  and  4A  ])ound8.  The  hauling  arounds  of  Northeast  Point  kept  up 
the  standard  huiger  tlian  the  other  rookeries,  because,  as  I  believe,  the 
latter  rookeries  had  felt  the  drain  of  th<^  oi)en  sea  sealing  during  1885  and 
1886  more  tnau  N(»rtheast  Point,  the  cows  from  the  other  rookeries 
having  gone  to  the  southward  to  feed,  vliere  the  majority  of  the  seal- 
ing schooners  were  engaged  in  taking  seal. 


Islands  is 
his  ou  St. 


That  in  pursuance  of  De])artment  instructions  to  me  of  May  27, 1891, 
I  made  a  careful  examinaticm  during  the  sealing 
season  of  the  habits,  nnnd)ers.  and  conditions  of     W-  H.  WilUami,  p.  93. 
the  seals  and  seal  rookeries  with  a  view  of  report- 
ing to  the  Department  from  observation  and  such  knowledge  ou  the 


m 


282 


EVIDENCE   OF   DECREASE 


subject  as  I  migfht  obtain  whether  or  not  in  my  opinion  the  sesils  are 
diminishing  on  the  Pribilof  Islands,  and,  if  so.  tlie  causes  thereibr;  that 
as  a  result  of  such  investigation  I  found  from  tlie  statements  made  tome 
by  the  natives  on  said  islands,  Government  agents,em])l(ty«'Hof  the  les- 
sees, some  of  whom  had  been  on  said  islands  lor  many  years,  that  a 
decrease  in  number  of  seals  had  been  gradually  going  on  since  188"), 
and  that  in  the  last  three  years  the  decrease  had  been  very  rapid. 

A  careful  and  frequent  exanu'nation  of  the  hauling  grounds  and  breed- 
ing rookeries  by  myself  and  assistant  ag<'nts  during  the  months  of 
June,  July,  and  August  showed  that  the  seals  had  greatly  diminished  in 
number,  and  we  found  large  vacant  spaces  on  all  the  rookeries  which  in 
former  years  during  these  months  had  been  covered  by  thousands  of 
seals;  that  prior  to  1888  the  lessees  had  been  able  to  take  100,000  skins 
from  male  seals,  but  1  am  clearly  of  the  opinion  that  not  more  than 
one-third  of  that  number  of  nu'rchantable  skins  could  have  been  taken 
during  the  year  1891. 

ALONG  TIIE  COAST. 


I  know  that  the 
II.  Andriciua,  p.  314. 


Page  169  of  The  Case. 

seals  are  nnutli  more  scarce  this  year  than  they 
werelastyear.  I  do  not  tliiiik  it  is  right  to  kill 
the  mother  seals  with  pui)s  in  them. 


When  I  was  a  boy,  seal  were  speared  among  the  islands  in  Sitka 


Adam  Ayonkee,  p.  Iiu5. 


Q. 


iSound,  but  now  the  few  that  come  along  the  coast 
we  are  obliged  to  go  far  out  to  sea  in  order  to  get. 


Has  there  been  anydecrc^ase  in  the(iuantity  of  seals  as  compared 

to  previous  years'? — A.  There  has  been  a  decided 

George  Ball,  p.  483.       decrease.    V(!ssels  that  used  to  get  with  ex])eri- 

ienced  hunters  3,000  or  4,000  in  a  season,  now  get 

with  experienced  hunters  less  than  half  of  that  number. 


I  find  the  skins  in  this  lot  to  run  much  larger  in  sizes  than  those 

kno^vn  as  the  Northwest  seals  that  arenowtakei» 

Charles  J.  Behloio,pAOi.  on  the  American  side.    Tlie  greater  ])ercentage  ol 

these  L*,170  salted  fur-seal  skins  are  of  the  large 
breeding  cows  with  fully  devel<)])ed  teats. 

SScune  years  ago  the  catch  of  tiie  Xoithwest  seals  taken  in  the  North 
Pacilic  Ocean  and  the  IJering  Sea  (on  the  American  side)  contained  a 
great  number  of  the  large  breeding  cows  as  above  described ;  but  of 
kite  years,  on  examining  the  catches,!  tind  very  few;  and  this  year 
hardly  any,  proving  conclu.sively  that  the  the  old  stock  of  productive 
cows  is  almost  exterminated. 

There  has  been  a  great  decrease  of  seals  in  the  last  few  years  from 
what  there  was  in  former  years.    They  are  also 

William liendt, p. iO*.  getting  shy  and  scared  from  being  hunted  so 
much,  and  they  are  now  very  jiard  to  catch. 

I  don't  tliink  the  seals  are  as  plentiful  as  tliey  were  last  .year,  and  the 
liernhardt  Bleidner,  p.  hunting  of  them  should  be  stopped  iu  tlie  North 


i::-- 


815. 


Pacific  Ocean. 


Miv 


ALONG   THE   COAST. 


283 


tlie  seals  are 
lieiclbr;  that 
s  made  tome 
cs  of  tlie  los- 
yeais,  tliat  ii 
1  since  1885, 
v  rapid. 
Is  and  bieed- 
le  montlis  of 
iminislied  in 
lies  which  in 
thonsands  of 
100,000  skins 
t  more  tlian 
B  been  taken 


r  than  they 
right  to  kill 


ds  iji  Sitka 
»ng  the  coast 
order  to  get. 

as  compared 

n  a  decided 

Avith  ex])eri- 

son,  now  get 


1  than  those 
e  now  taken 
ercentage  ot 
of  tlie  large 

n  the  North 
'ontained  a 
bed;  but  of 
d  this  year 
■  productive 


years  from 
ey  are  also 

hunted  so 
catch. 

ear,  and  the 
1  the  i^^orth 


I  can  not  say  positively  as  to  the  decrease  in  numbers,  but  I  know 
they  are  much  more  shy  now  than  wheu  1  com- 
menced sealing.  -^'^W8  Bonde,p.  316. 

In  1891 1  noticed  that  there  was  a  considerable  decrease  in  the  num- 
ber of  seals  seen  in  the  water;  also,  that  they 
were  more  shy  and  wakeful,  as  compared  with  my     Henry  Brown, p.  318. 
observations  in  1890. 

About  six  or  seven  years  ago  I  commenced  to  notice  a  decrease  in 
the  number  of  seals  arriving  in  the  straits  and 
around  the  cape.  Peter  Brown,  p.  377. 


I  did  not  see  as  many  seals  as  the  years  previous; 
in  April  at  Victoria,  British  Columbia.    The  seals 
upon  this  voyage  were  more  shy  than  in  1889  and      Thos 
more  difficult  to  capture.  P 


I  left  the  vessel 


319. 


Brown,  (No.l), 


Seals  iised  to  be  very  plentiful  around  the  cape  and  in  the  Strait  of 
San  Juan  de  Fuca,  but  they  have  been  rapidly 
decreasing  during  the  last  five  or  six  years.    We   Landit  Caiiapa,  p.  379. 
were  out  sealing  a  short  time  ago  and  captured 
but  five  seals.    A  few  years  ago,  during  the  same  period  of  time,  we 
would  have  caught  about  sixty.    Tliey  are  wilder  now  and  more  diffi- 
cult to  catch,  and  will  soon  be  destroyed  if  guns  are  used  in  hunting 
them. 

There  was  much  less  number  of  seals  to  be  seen    Chaa.  Chalall,  p.  410. 
in  the  North  Pacific  and  Bering  Sea  in  1890  than 
in  1888. 

Seals  used  to  be  plentiful  in  the  straits,  but  for  the  last  five  or  six 
years  they  have  become  very  scarce  in  the  straits, 
so  that  now  we  can  not  find  any  more  there.    We    Circus  Jim,  p.  380. 
used  to  hunt  seals  in  canoes  for  about  -JO  miles 
out  in  the  ocean,  off  Cape  Flattery  and  up  and  down  the  coast,  between 
Greys  Harbor  and  Barclay  Sound.    Seals  were  very  plentiful  along  the 
coast  six  or  eight  years  ago. 

When  white  men  or  traders  began  coming  in  here  with  schooners 
they  offered  us  large  inducements  to  go  cruising 
for  seals  and  we  commenced  going  further  from   Jaa-  ciaplanhoo,  p.  382. 
land  but  did  not  notice  any  decrease  in  the  num- 
ber of  seals  each  year,  until  about  six  or  seven  years  ago,  when  vessels 
with  white  hunters  and  armed  with  shotguns  began  to  appear  xu  con- 
siderable numbers  oft  the  coast.    Since  that  time  the  decrease  has 
been  very  rapid. 

But  during  the  last  four  or  five  years  there  have  not  been  near  as 
many  coming  to  the  sKrait  [Of  San  Juan  de  Fuca] 
or  on  the  coast  as  ir  former  years.    There  are  a    Ja»-  Ciaplanhoo,  p.  387. 
few  in  the  strait,  but  we  do  not  hunt  them  now, 
and  can  not  secure  more  than  one-sixth  as  many  in  a  season  as  we  used 
to  a  few  years  ago. 


;-;>Si:; 


284 


EVIDENCE   OF   DECREASE. 


My  observations  and  experience  in  1889  were  abont  the  same  as  In 
the  previous  year,  except  as  to  the  number  of  seals 
Louia  CuUm;p.32i.     seen,  wliich  Wiis  inucli  smaller.    There  was  a  per- 
ceptible decrease  in  tiie  number  of  seals  seen  by 
me  in  the  year  1889  as  compared  with  the  year  1888. 

Hunters  talk  about  the  seals  increasing  from  year  to  year,  but  I  know 
they  are  decreasing,  and  if  they  keep  on  killing 

Al/redDardean,p.323.  them  the  way  they  do  now  there  will  not  be  any 
left  in  a  few  years. 

A  few  years  ago  seals  were  very  plentiful  in  the  Straits  of  San  Juan 
de  Fuca.    It  is  not  now  so.    They  are  so  scarce  in 

Frank  Davi8,p.  383.  the  straits  that  we  do  not  hunt  for  them  there  any 
more.    •    •    • 

Onetime,  when  hunting  along  the  coast  with  a  spear,  our  canoe  took 
100  seals  in  five  days,  but  we  can  not  catch  as  many  now.  They  are 
very  shy  and  wild,  so  that  if  we  get  two  or  three  now  in  five  days  we 
would  be  doing  very  well.  I  have  caught  only  eight  seals  this  year. 
Before  the  white  man  came  here  to  hunt  seals  with  the  shotgun  and 
ritie,  five  or  six  years  ago,  they  were  not  so  wild  as  they  are  now,  and 
by  this  time  in  a  year  I  would  have  had  a  hundred  or  more  seals. 

Years  ago,  in  the  winter  time,  seals  were  ])lenty  in  the  Straits  of 

San  Juan  de  Fuca,  and  I  have  hunted  and  helped 

Jeff  Dads,  p.  384.  tocatch  them  up  the  straits  as  far  a  Pyt-ht,  which 

is  about  37  miles  from  Cape  Flattery.    Of  later 

years  they  have  quit  coming  in  the  straits  and  we  do  not  hunt  for  them 

there  any  more. 

Since  the  seal  hunting  began  to  be  industriously  pursued  about  the 

years  1884-'fJ5,   and  the  transfer    of  American 

Jaa. H.  Douglass, p. 38i.  schooners  to  the  British  flag  at  Victoria,  British 

Columbia,  took  i)lace  to  avoid  seizure,  I  have  been 

made  acquainted,  both  from  observation  and  jonversation  with  sealers, 

of  the  fact  of  the  growing  scarcity  of  seals. 

The  Indians  report  to  me  th.it  the  seal  are  very  much  scarcer  than 

they  were  in  former  years,  and  I  know  that  they 

Wm.  Dumcan,  p.  279.      don't  bring  in  as  many  skins  as  they  did  in  former 

years,  although  skins  are  bringing  a  much  better 

price  than  they  used  to. 

From  the  rejiorts  of  the  officers  to  me  I  learned  that  the  seals  were 
much  scarcer  in  1891  than  they  were  iu  1888,  when 
Geo  Fogei,  p.  i2i.        I  first  sent  them  out. 


I  have  gone  out  of  the  business  because  it  became  so  unprofitable  on 
account  of  the  scarcity  of  seals. 


A  few  years  ago  you  could  go  off  shore  about  50  miles  *rom  San 
Francisco  and  you  would  come  across  thousands  of  seals  leisurely  go- 
ing north,  while  iiow  we  see  but  very  few.  I  fitted  out  the  schooner 
Cygnet  iu  1874,  which  was  one  of  the  first  sealers  to  go  to  the  Bering 


^artie  as  In 
ber  of  seals 
was  a  per- 
ls seen  by 


but I  know 

on  killing 

lot  be  any 


'  San  Juan 
io  scarce  in 
1  there  any 


canoe  took 
They  are 
ve  days  we 
this  year. 
otgun  <and 
3  now,  and 
eals. 

Straits  of 
and  helped 
^ij-ht,  which 
.  Of  later 
ut  for  them 


about  the 
Aniericati 

I'ia,  British 
have  been 

ith  sealers, 


arcor  than 

tliat  they 

d  iu  former 

uch  better 


seals  were 
1888,  when 

ofltable  on 


tom  San 
i surely  go- 
schooner 
he  Bering 


ALONG   THE   COAST. 


285 


Sea,  and  we  had  no  trouble  in  getting  seals  at  that  time,  for  they  were 
very  plentiful  and  gentle,  and  would  stand  up  and  look  at  the  hunters 
until  they  shot  them.  You  can  not  do  that  now.  Seals  have  been  grow- 
ing very  scarce  within  the  last  lew  years,  and  it  does  not  pay  to  tit  out 
sealing  schooners. 

I  don't  know  what  to  think  about  the  schooners,    chief  Frank,  p.  280. 
There  isone  thing  certain,  seals  are  getting  scarce. 


There  were  not  as  many  seals  last  year  as  there 
were  the  first  years  I  went. 


Wm.  Frazer,  p.  427. 


There  has  been  a  great  decrease  in  the  number  of  seals  to  be  seen  in 
the  North  Pacitic  and  Bering  Sea  since  1  first 
went  out  to  hunt  them.  Tho».  Gibson,  p.  432. 

To  my  knowledge,  and  from  conversation  with  others,  I  can  state 
positively  that  seals  have  decreased  rapidly  in 
numbers  oflf  the  Pacitic  coast  in  the  last  live  or  six    e.  M.  Greenleaf,  p.  325. 
years.  A  schooner  used  to  secure  from  700  to  l,-400 
skins  for  a  spring  catch,  whereas  now,  with  all  the  improved  appliances 
of  arms  and  vessels,  the  largest  catch  is  less  than  500. 

Q.  Have  you  noticed  any  decrease  iu  the  quantity  of  animals  in  the 
last  few  years? — A.  As  I  have  not  hunted  on  this      q^^j^^   g.  ilagman   «. 
coast  for  several  years  I  am  unable  to  say.    When  435. 
I  was  there  I  saw  no  difference. 


Seals  were  not  as  plentiful  along  the  coast  this 
year  as  they  were  in  1891. 


Jaa.  Harrison,  p.  327. 


It  is  reported  to  me  by  Indians  who  hunt  fur-seal  that  they  are  be- 
coming very  scarce.  They  have  noticed  decrease  j^^  Hartlisnuk,  p.  239. 
iu  the  last  tour  years. 

Fur-seal  are  getting  very  scarce  along  this  coast  and  Indian  fur-seal 
hunters  have  great  trouble  in  getting  any  now, 
while  iu  former  years  they  got  plenty.  Sam  Uayikahiia,p.2'd'd. 

Q.  Have  you  noticed  any  decrease  in  the  quantity  of  animals  in  the 
last  few  years?    In  other  words,  do  you  find  them 
as  plenty  now  in  the  last  year  or  two  as  you  used      a.  Harm8en,p.U2. 
to? — A.  Of  course  not.  They  are  not  so  plentiful, 
tliat  is  sure.    In  1880  wo  got  2,100  seals.    Now  you  couldn't  get  300  in 
the  same  time. 

I  have  noticed  a  decrease  in  number  of  seals  from  year  to  year  in  the 
waters  of  the  Bering  Sea  since  about  188U,  and  for 
the  last  three  years  the  decrease  has  been  very     j.  m.  Hays,  p.  26. 
rapid.     Up  to  about  1884  the  Bering  Sea  around 
the  Pribilof  Islands,  and  between  said  islands  and  the  passes,  was 
swarming  with  seals  during  the  breeding  season,  but  for  the  last  few 
years  the  decrease  in  numbers  has  been  so  marked  that  I  could  not  fail 
to  notice  it. 


286 


EVIDENCE   OP   DECREASE 


Q.  Has  there  been  any  decrease  in  the  quantity  of  seals  aa  compared 
to  previous  years? — A.  I  tliink  tiiere  has  been  a 

Wm.  Hmson,  p,  484.  decrease  of  seals  as  compared  to  previous  years  of 
about  25  per  cent  or  more. 

Q.  Has  there  been  any  decrease  in  tlie  quairtity  of  seals,  as  com- 

imred  to  previous  years? — A.  Well,  for  the  length 
^^^Hdrew  J.  Hoffman,  p.  ^f  (.ij,,^.  ^^^^^  j  ^.^^^  ^^^^  ^^^  ^j^^.^.^  j^  ^^^^^  ^^^^.^^ 

ditl'erence. 

Oimtave Isaacson, pMO.      Q.  Have  you  noticed  any  decrease  in  the  quan- 
tity of  seals  in  the  last  few  years? — A.  Yes,  sir; 
a  great  decrease. 

Seals  are  diminishing  along  the  coast,  and  unless  pelagic  sealing  is 
Victor  Jackobson    p.  i^topped  in  the  Pacific  Ocean  the  seal  will  become 
328.  '         exterminated. 

Q.  Have  you  noticed  any  decrease  in  the  quantity  of  animals  in  the 
last  few  years  ? — A.  I  have  found  a  decrease.     I 
Frank  Johnson,  p.  441.   have  not  been  doing  much  sealing  in  the  last  three 
or  four  years.    I  have  been  otter  hunting,  princi- 
pally. 

Jack  Johnson,  p.  282.  Seal  are  not  nearly  as  plentiful  on  the  coast  as 
in  former  times. 

About  six  years  ago  I  noticed  the  seal  herd  began  to  decrease,  and 
they  are  getting   less  each  year  ever  since  the 

Selwish  Johnson, p.  388.  whito  hunter  came  about  here  and  commenced 
killing  them  with  guns.     *    *    * 

They  are  very  scarce  now,  and  very  wild  and  diflBcult  to  catch. 

The  seals  wore  not  near  as  plentiful  along  the  coast  and  Bering  Sea 

in  1891  as  they  were  in  1890.    They  wanted  me  to 

Jas.  Kean,p.  448.  ship  this  year  on  a  sixth  Iny — that  is,  every  sixth 

skin  was  to  be  mine — but  I  thought  the  seals  wei-e 

80  scarce  it  would  not  pay  mo  to  go.     It  is  the  common  conversation 

among  us  hunters  tliat  the  seals  are  getting  so  scarce  it  does  not  pay 

for  us  to  go  and  hunt  them  unless  they  will  give  us  a  better  i)rice  per 

skin,  and  a  great  many  of  the  old  hunters  would  not  go  out  this  year 

on  that  account. 

In  1888  I  made  a  fishing  voyage  to  the  Bering  Sea,  and  while  in  there 

heard  the  captain  and  officers  discussing  about 

James  Kennedy,  p.  Hd.  the  decrease  of  seals  on  the  islands  and  in  the 

water.    I  heard  it  discussed  on  our  return  at  the 

different  ports  we  put  in  at,  and  also  in  Victoria  on  our  arrival,  and  all 

said  the  seals  were  decreasing. 

I  have  often  conversed  with  many  other  persons  who,  like  myself, 
were  engaged  in  sealing,  and  they  agreed  with 
James  Kiernan,  p.  451.   me  in  the  statements  herein  made  as  to  the  de- 
struction and  disappearance  of  the  seals  in  the 
northern  waters.    My  view  of  the  matter  could,  I  have  no  doubt,  be 
corroborated  by  hundreds  of  persons  experienced  in  sealing,  if  they  be 


compared 
las  been  a 
lis  years  of 


8,  as  com- 

the  leiiKtU 

not  much 


the  quan- 
,  Yes,  sir; 


scaling  is 
all  beinmie 


nals  in  the 
licrease.  I 
J  last  three 
ing,  prinei- 


le  coast  as 


jrease,  and 

since  the 

!ommeuced 


)  catch. 

Bering  Sea 
nted  me  to 
very  sixth 
seals  Avere 
uvcrsation 
es  not  pay 
r  i>rice  per 
t  this  year 


ile  in  there 
sing  about 
md  in  the 
turn  at  the 
ral,  and  all 


ke  myself, 
Tieed  with 

to  the  de- 

ials  in  the 

doubt,  be 

if  they  be 


ALONG   THE   COAST. 


287 


found.    At  this  season  of  the  year,  however,  they  are  absent  from  the 
coast  hunting  and  tisliing  on  tiie  ocean. 

Seal  are  getting  very  scarce  on  the  coast  the  last  three  or  four  years. 
*      •      *     Indian  hunters  can  not  get  any  more 
in  canoes,  on  account  of  the  few  se.il  ;  that  are  left      Kinkooga,  p.  240. 
are  so  fju*  from  the  laud. 

At  every  village  (and  we  sto])ped  at  over  nine  on  Vancouver  Island) 
1  interrogated  tiie  Indiansto  the  bestof  my  ability, 

and  they   all  agreed  tliere  were  very  I'ew  seals      gr*"*  ^'  ^'"0-""'^' 
now  c(mii)ared  with  the  great  numbers  wlii<!h  were 
found  formerly,  and  that  this  decrease  began  live  or  six  seasons  ago. 

Wlien  I  first  began  to  hunt  seals  the  females  jaa.  Klonachei,p.  283. 
were  plenty,  but  now  they  are  not  so  plenty. 

They  were  formerly  much  more  jdentilul  than  of  late  years.    In  the 
early  part  of  the  season  the  males  are  most  num- 
erous, a  few  females  being  taken  toward  its  close,  Frank  Korth,p.2'io. 
in  the  latter  part  of  IMay. 

It  is  harder  to  find  the  pups  now  than  it  was  a  few  years  ago.     There 
does  not  seem  to  be  so  many  of  them  as  there  used     ican  Kiukoff,  p.  209. 
to  be. 

Seals  first  appear  in  Prince  William  Sound  about  the  Is^  of  May,  and 
•  tie  formerly  (juite  ])lentitul,  while  now  they  are      oiuf  Kium,p.  236. 
becoming  constantly  scarcer. 

I  often  converse  witli  the  masters  of  the  vessels  relative  to  the  fur- 
seal,  and  they  tell  me  that  they  are  scarcer  each 
year,  and  that  it  is  mucli  harder  to  make  a  voyage   Jaa.  Laflin.  p.  I5i. 
tlian  it  used  to  be.    *    *     * 

From  my  experience  in  dealing  with  the  ]>eoplc  interested  in  scaling, 
and  from  my  own  personal  observation,  I  know  the  seals  are  decreas- 
ing very  fast  in  Bering  Sea. 


Deponent  further  says  that  by  reason  of  his  knowledge  of  the  busi- 
ness he  knows  tliat  tlie  number  of  seals  has  greatly 
diminished  within  the  hist  five  years. 


Herman  Livhes,  p.  514. 


1  have  noticed  in  examining  the  skins  of  the  northwest  or  "  Victoria 
catch"  during  the  last  two  years  that  tliey  aver- 
ag<'  nuich  smaller  in  size  than  tliey  fornnu'ly  did.    ivaao Litbes,  p.  453. 
Tlie  large  breeding  cows,  of  which  this  catcli  used 
to  contain  a  considerable  percentage,  arc  now  almost  entirely  absent, 
showing  conclusively  tliat  the  old  stock  has  been  exterminated,  and 
the  supply  upon  which  they  are  now  drawing  is  comprised  of  younger 
animals. 

From  what  I  learned  wlien  fishing  in  the  Bering    Caleb  Liudahl,  p.  456. 
Sea  there  are  not  nearly  as  many  seals  there  as 
there  were  ten  years  ago. 


fS        I 


1)1 


288 


EVIDENCE   OP   DECREASE 


I  thiuk  I  noticed  fewer  seals  that  year  than  I  did  in  1889.    Seals 

ah)iig  the  coast  are  not  near  as  plentiful  now  as 

Thoa.  Lowe,  p.  371.        they  were  when  1  first  bejijan  to  hunt  them.    I 

used  to  catch  9  or  10  seals  in  one  day ;  but  they 

are  so  shy,  and  so  scarce  now,  that  a  canoe  does  not  ™ct  that  many  in 

a  mouth. 

Have  noticed  a  decrease  in  seal  along  the  coast,  and  it  is  the 
general  opinion  that  they  are  decreasing  very 
J.  D.  McDonald,  p.  266.     fast. 

Q.  Have  you  noticed  any  decrease  in  the  quantity  of  seals  in  the  last 
few  yejirsover  what  it  was  a  few  years  formerly? — 
Alexander  McLean,  p.  ^    j  |,jvve  uoticed  a  decrease  since  I  have  been  in 
thebusincss ;  I  have  made  a  catch  from  3,500,  com- 
ing down  to  l,5(iO,  a  little  less  than  one-half. 
Q.  You  do  not  consider  there  are  nearly  as  many  seals  now  as  there 
used  to  be  in  the  water? — A.  No,  sir;  not  now.     I  have  been  in  the 
business  for  ten  years,  and  I  think  in  another  ten  years  there  will  be  li 
great  deal  less. 


Tho:  Madden,  p.  463. 


The  seals  were  not  nearly  as  plentiful  in  1891  as 
they  were  in  1888.  I  thiuk  they  are  decreasing 
rapidly. 


There  are  not  near  as  many  hunters  hunting  jeal  as  there  used  to  be, 
for  the  seal  are  decreasing  very  fast.    1  know,  be-    jVed'A;  Maaon  p.  284. 
cause  I  am  hunting  seal  all  the  time. 


!  ! 


1  p 

i 


Wvi.  Maaon,  p.  466. 


The  hunters  say  the  seals  are  getting  scarcer 
all  the  time,  and  that  it  does  not  pay  to  go  unless 
they  get  more  for  a  skin. 


Thorwal  Mathasan,  p 
339. 


I  think  the  seals  are  not  so  plentiful  on  the 
coast  as  last  year.    *    ♦    * 
Seals  did  not  seem  to  be  near  as  plentiful  as  last  year. 


They  were  formerly  found  in  this  region  in  great  numbers,  but  of 

late  years  they  have  been  constantly  diminishing, 

225    ''^^      ""*  ''^       ^'  o^ving  to  the  number  of  sealing  vessels  engaged 

in  killing  them. 

Q.  Have  you  noticed  rniy  decrease  in  the  quantity  o(  animals  in  the 
last  few  years? — A.  There  is  no  doubt  but  what 
Frank  Morcau,  p.  468.    there  is  a  decrease. 


Jno,  Morria,  p.  340. 


Seals  are  scarcer  now  than  in  former  years. 


When  I  was  in  the  sea  in  1887  seals  were  very  plentiful  there,  but  in 

1889  there  were  not  so  mauy.^  and  in  1891  there 
Moaea,  p.  310.  ^y^J^.^J  fjj^^.g^.  ^^^^^ 


When  I  was  a  small  boy  fur-seal  used  to  come  into  Clarence  Straits, 
but  it  has  been  a  good  many  years  now  since  any 
Smith  Xatch,  p.  2b3.       ftjr.seal  ha  ve  been  seen  there. 


S89.  Seals 
ful  now  as 
t  them.  I 
;  but  tbey 
xt  mauy  iu 


I  It  is  the 
isiug  very 


in  the  last 
arinerly? — 
ive  been  iu 
3,500,  eom- 
e-half. 
iw  as  there 
aeen  in  tlie 
:e  will  be  & 


1  in  1891  as 
decreasing 

used  to  be, 

on,  p.  281. 


ng  scarcer 
o  go  unless 


ful  on  the 


)ers,  but  of 
iiiiiiiisbing, 
Is  engaged 


nals  in  the 
but  what 


r  years. 

lere,  but  in 
1801  there 


nee  Straits, 
v  since  any 


ALONG    THE   COAST 


289 


There  have  only  been  two  seal  killed  by  the  four  canoes  hunting 
ofl'  Cape  Muzou  this  season,  wltich  shows  plainly 
enough  that  the  seal  are  most  all  gone.  Dan  Nathian,p.  287. 

Fur-seal  are  not  as  plentiful  on  the  coast  as  they  used  to  be.    The 
Indians  kill  but  very  few  now.    In  former  years 
they  used  to  get  many  of  them,  but  the  last  few     Nechanial6,p.2i\. 
years  they  have  become  very  scaice  and  the  In- 
dian hunters  take  very  few. 

I  believe  there  has  been  a  great  decrease  in  the  number  of  the  fur-seals 
frequenting  the  Pribilof  Islands.  Years  ago  I 
used  to  see  a  groat  number  of  them  in  Bering  Sea  Arthur  Nmvman,  p.  2ii. 
while  making  passage  between  Unalaska  and  the 
Pribilof  Islands  during  the  breeding  season,  but  now  only  a  few  are 
seen,  and  these  are  observed  much  nearer  to  the  islands  than  was  for- 
merly the  case. 

Seals  were  not  so  thick  in  the  sea  that  year  as  they  were  about  four 
years  previous  to  that  time.     Seals  are  likewise 
rapidly  decreasing  all  along  the  coast.  08iy,p.39l. 

Seals  were  much  less  in  numbers  off  the  coast  in  1890  than  they  were 
about  1885.    They  have  either  been  destroyed  or 
driven  off.    We  had  no  trouble  in  making  a  sea-      fFilliam  Parker,p.2ii. 
son  on  the  coast,  weather  permitting,  of  from  700 
to  1,300,  and  noAv  590  is  a  good  catch. 

Seals  are  very  much  more  scarce  than  they  were  when  I  began  to 
seal  in  schooners.    I  never  see  any  more  big  herds 
like  I  used  to,  and  it  is  much  more  difficult  to  got      Wilson  Parker,  p.  3'J2. 
to  them  now  than  in  former  years.    They  have  got 
wild  and  shy,  because  they  have  been  hunted  too  much  with  guns. 

I  used  to  hunt  for  seals  in  the  Straits  of  San  Juan  de  Fuca,  but  of 
late  years  have  not  done  so  because  the  seals  do  not  come  into  tlio 
straits  any  more. 

There  are  not  as  many  seal-skins  offered  for  sale  now  as  in  former 
years,  and  last  year  our  people  cauglit  less  than  cheatoqua  Peterton,  p. 
one-eighth  of  what  they  used  to  prior  to  1880.        393. 

Do  not  think  there  are  now  as  many  fur  seals     EUah  Prokopie/,p.2ib. 
as  there  were  thirty  years  ago,  but  do  not  kno" 
the  cause  of  the  decrease. 

During  past  four  years  have  not  noticed  much      ^-  Boberte,p.2i2. 
change  in  number  of  seal. 

I  do  know  that  where  Indians  formerly  went  out     Abel  liynn,  p.  299. 
and  brought  back  fifteen  seals  they  scarcely  bring 
back  one  now. 

I  noticed  a  decrease  in  the  number  of  seals  off     Um.  Short, p.  348. 
Cape  Flattery  when  there  in  1891,  as  compared 
with  the  other  season, 

19  B  S 


m 


290 

Shotoooich,  p.  243. 


EVIDENCE   OF   DECREASE 

I  haven't  killed  any  seal  lately,  as  they  are  get- 
ting very  scarce. 


In  former  years  I  found  great  numbers  of  fur-seals,  but  within  the 

last  few  years  I  have  observed  that  they  have 

Alexander Shyha, p.  226.  greatly  diminished  in  nunjbers,  so  that  now  I  do 

not  find  any  off  Cape  Elizabeth  and  the  adjacent 

region,  where  formerly  they  abounded. 


Skeenong,p.  244. 


Have  heard  all  the  Indians  with  whom  I  have 
come  in  contact  say  that  the  fur  seal  are  becom- 
ing very  scarce  of  late  years. 


All  the  hunters  went  out  liunting  this  season,  and  returned  home 
discouraged,  only  catching  two  fur-seals.     The 
Geo.  sicuitica,p.  290.      fur-seal,  like  the  sea  otter,  are  all  gone. 

To  the  best  of  my  knowledge  and  belief  fur-seal  life  has  considerably 

diminished  within  the  past  few  years,  which  fact 

Jno.  W.Smith, p.  233.     I  attribute  to  the  large  nuntber  of  vessels  which 

have  been  engaged  in  pelagic  seal  hunting  of  late 

years. 

Q.  Uas  there  been  any  decrease  in  the  quantity  of  seals  as  compared 
Gustave   Sundvall,  p.  to  previous  years?— A.  Tlicichas  boon  adcci-ease. 


481. 


From  the  time  I  started  sealing  I  guess  there  has 
been  a  decrease  ol  1*5  per  cent. 


Adolph  W.  Thompson,    They  were  not  nearly  as  plentiful  that  season 
p.  486.  as  they  were  in  1890. 

Charlie  Tlahaatan,  p.    When  spear  was  used  seal  were  very  plentiful; 
^'  since  shotgun  is  used  they    are    becoming  very 

scarce. 

John  C.  Tolman,p.222.     Sealers  report  that  seals  are  not  as  plentiful  as 
in  former  years. 

From  my  personal  observation  I  know  there  has  been  a  very  great 
decrease  within  the  past  four  or  live  years  in  the 

Cha8.T.Wagnei;p.2i2.  number  of  scals  found  in  the  Nortii  Pacific  and 
and  Berini»-  Seas. 


Eudolph  WalioH,p.  272.      Seal  are  decreasing  on  the  coast.    Have  noticed 
they  have  decreased  rapidly  the  last  two  years. 

Five  years  ago  it  was  a  common  occurrence  to  sail  past  large  numbers 

of  fur-seals;  many  times  we  found  them  asleep  on 

M.  L.  Washburn, p.  im.  the  water,  and  they  were  not  easily  frightened  at 

the  presence  of  a  vessel,  but  for  the  last  two  years 

the  seals  have  been  more  scattering,  fewer  in  numbers,  and  much  more 

shy. 

In  my  journeys  in  these  waters  I  have  noticed  that  seals  are  much 
less  plentiful  than  when  1  fust  went  there  five 
M'L,  «««/tbttrn,  J).  48i).y<'i>rs  ago,  iind  that  the  decreaso  has  been  very 
marked  in  the  lust  two  years. 


By  are  get- 


yitliin  the 
they  have 
;  now  I  <h) 
e  adjacent 


om  1  have 
i,re  bccom- 


'ned  home 
ials.     The 


nsiderably 
which  fact 
isols  which 
iiig  of  late 


1  compared 
a  decrease. 
s  there  has 


hat  seasou 

plentiful; 
tuiiig  very 

(leutiful  as 


very  great 
'iirs  in  the 
.^acific  and 


ve  noticed 
'o  years. 

e  numbers 
asleoj)  on 

irhtened  at 
two  years 

nuch  more 


are  much 
there  live 
been  very 


I! 


ALONG   THE    COAST.  291 

Within  the  last  five  or  six  years  the  seals  are    Watkins,  p.  395 
becoming  fewer  and  fewer,  and  are  wild  and  shy 
and  very  hard  to  (;atch. 

Last  year  there  were  fewer  than  ever  before.    This  season  the  natives 
canght  ab(mt  one-half  as  many  as  last.    In  his 
opinion  the  seals  will  soon  be  exterminated,  and    tVeckenuneach,  p.  272. 
in  three  years  there  will  be  no  more  sealing. 

Until  about  eight  years  ago  I  used  to  catch  seals  in  the  Straits  of 
San  T-au  de  Fuca,  but  for  the  last  two  or  three 
years  mey  have  been  so  scarce  in  tiie  straits  that      }Vispoo,p.  396. 
we  do  not  try  to  hunt  them  any  more. 


Seal  have  become  very  scanie  around  Prince  of 
Wales  Island  since  the  white  men  began  hunting 
them  in  schooners. 


Billy  Yeltachy, p.  Z02. 


The  Indians  are  obliged  to  go  a  long  way  now  for  seal.  I  have  been 
our  three  times  this  year  and  have  only  killed  one  seal,  and  only  saw 
two  or  three  this  season. 

Seals  are  much  scarcer  now  thnn  they  used  to  be  six  or  eight  years 
ago.     They  used  to  go  ten  or  filben  in  a  bunch, 
but  now  we  seldom  see  more  than  two  or  three      rho».ZolHoka,p.3d9. 
together. 

CAUSE. 

LACK  OF  MALE   LIFE   NOT  THE   CAUSE. 

Pago  172  of  The  Case. 

The  abundance  of  male  life  for  service  upon  the  rookeries  was  evi- 
denced by  the  number  of  young  bulls  which  <'on- 

tinually  sought    lodgment    upon    the  breeding     J.  Stanley  Brown,  p.  U. 
grounds. 

It  is  highly  improbable  that  the  rookeries  have  ever  sustained  any 
injury  from  insuflicient  service  (m  the  part  of  the  nniles,  for  any  male 
tliat  did  not  possess  sulTicient  vitality  for  sustained  potency  would  in- 
evitably be  deprived  of  his  harem  by  either  his  neigldwr  or  scmie  lusty 
young  aspirant,  and  t!iis  dispossessioi\  would  be  rendered  the  more  cer- 
tain by  the  disloyalty  of  his  consorts. 

The  seal  being  polygamous  in  habit,  each  male  being  able  to  pro- 
vide for  a  harem  averaging  twenty  or  thirty  mem- 
bers, and  the  proportion  of  male  to  female  Ixu-n  J.  Stanley  Brown,  p.  18. 
being  equal,  there  nuist  inevitably  be  left  a  resei've 
of  young  immature  males,  the  death  of  a  certain  proportion  of  which 
could  not  in  any  way  affe<'t  the  annual  sui)ply  coming  from  the  breed- 
ing grounds.  These  cojditions  existing,  the  (iovernment  has  permit- 
ted the  taking,  with  three  exceptions,  up  to  18U0,  of  a  quota  of  about 


292 


CAUSE. 


100,000  of  these  youTig  male  seals  annually.  When  the  abundance  of 
seal  life,  as  evidenced  by  the  areas  formerly  occupied  by  seals,  is  con- 
sidered I  do  not  believe  that  this  could  account  for  or  play  any  appre- 
ciable part  in  the  diminution  of  the  herd.     *     *     * 

From  my  knowledge  of  the  vitality  of  seals  I  do  not  believe  any 
injury  ever  occurred  to  the  reproductive  powers  of  the  male  seals  from 
redriving  that  would  retard  the  increase  of  the  herd,  and  that  the  driv- 
ing of  1890  necessary  to  secure  about  22,000  skins  could  not  have  caused 
nor  played  any  important  part  in  the  decrease  that  was  apparent  on 
every  hand  last  year. 

The  whole  time  I  was  there  there  was  an  ample  supply  of  full-grown 
vigorous  males  sufficient  for  serving  all  the  females 

chas.  Bryant, p.  7.  on  the  islands,  and  every  year  a  surplus  of  vigor- 
ous bulls  could  always  be  found  about  the  rook- 
eries awaiting  an  opportunity  to  usurp  the  place  of  some  old  or  wounded 
bull,  unable  longer  to  maintain  his  place  on  the  breeding  grounds.  I 
should  except  from  this  general  statement  the  seasons  of  1873  and  to 
1875,  when  the  destruction  of  young  males  in  1868,  and  the  error  made 
by  the  company  under  their  misapprehension  as  to  the  character  of 
skins  to  be  taken  for  market,  perceptibly  affected  the  males  on  the 
breeding  grounds.  It  is  not  certain  that  the  fertilizing  of  the  females 
was  thereby  affected,  and  this  gap  was  tilled  up,  and  from  this  time  on 
there  was  at  all  times  not  only  a  sufficiency  but  a  surplus  of  male  life 
fox'  breeding  j)urposes. 


Pleiity  of  bulls  all  the  time  on  the  rookeries,  and  plenty  bulls  have 
no  cows.  I  never  seen  a  three-year-old  cow  mthout 
a  pup  in  July;  only  two-year-olds  have  no  pujis. 


Earp  Buterin, p.  103. 


m 

m 

} 


'i 


i 

illi'll  i^ 


1   i'      ' 

'i  1. 

m^  -.M'\\ 

'V    s 

liiluBV     (1  ^ 

^^^^^^IBh^ 

#i. ' 

^^^^Hi 

fm ' 

^^Hi 

mL 

Blffi 

IW^Sml    '' 

rn^J 

I  never  noticed  any  disproportion  of  the  sexes  that  would  lead  me  to 
suspect  that  the"  bull  "seals  were  too  few,  nor  more 
n.  N.  Clark,  p.  159.      than  an  occasional  barren  "  cow."    These  latter 
were  so  few  as  to  excite  no  remark ;  but  if  any 
such  disproportion  did,  in  fact,  exist  in  1888  and  1889  it  was  the  ftiult 
of  those  who  killed  them  at  sea,  because  it  never  occurred  at  all  until 
the  marine  hunters  became  numerous  and  aggressive.    I  mention  this 
matter  here  because,  since  I  left  the  island,  I  have  heard  it  asserted 
that  the  mismanagement  there  caused  the  decrease  of  seal  life.    The 
management  there  was  just  such  as  I  would  follow  if  all  the  seals  be- 
longed tojue. 

I  never  saw  any  impotent  bulls  on  the  rookeries,  and  do  not  believe 
there  ever  was  any,  unless  it  was  the  result  of 
c.  L.  Fowler, p.  25.       age;  nor  do  I  believe  that  young  male  seals  were 
ever  rendered  impotent  by  driving.   There  has  al- 
ways been  a  plenty  of  bulls  on  the  rookeries  for  breeding  purposes  ever 
since  I  have  been  on  the  islands. 

I  never  knew  of  a  time  when  there  were  not  plenty  of  bulls  for  all 

ttie  cows,  and  I  never  saw  a  cow  seal — exc-ept  a 

John  Fratis,  p.  109.       two-year-old — without  a  pup  by  her  side  in  the 

proper  season.    I  never  heard  tell  of  an  impotent 

bull  seal,  nor  do  I  believe  there  is  such  a  thing,  excepting  the  very  old 


andance  of 
ials,  is  con- 
any  appre- 

believe  any 
)  seals  from 
at  tlie  driv- 
lave  caused 
pparent  on 


full-grown 
the  females 
us  of  vigor- 
it  the  rook- 
or  wounded 
grounds.  I 
1873  and  to 
error  made 
iharacter  of 
lies  on  the 
the  females 
;his  time  on 
of  male  life 


■  bulls  have 
cow  mthout 
'^e  no  pui)S. 

d  lead  raeto 
iw,  nor  more 
hese  latter 
but  if  any 
as  the  fault 
at  all  until 
Dention  this 
I  it  asserted 
illife.  The 
;he  seals  be- 


not  believe 
he  result  of 
e  seals  were 
here  lias  al- 
irposos  ever 


LACK  OF  MALE  LIFE  NOT  THE  CAUSE. 


293 


bulls  for  all 
I — except  a 
side  in  the 
an  impotent 
the  very  old 


and  feeble,  or  badly  wounded  ones.  I  have  seen  hundreds  of  idle  vig- 
orous bulls  upon  the  rookeries,  and  there  were  no  cows  for  them.  1 
saw  many  such  bulls  last  year. 

During  these  years  there  was  always  a  sufficiency  of  vigorous  male 
life  to  serve  all  the  female  seals  which  came  to 
the  islands,  and  (;ertainly  during  this  period  seal     ^- at.  Glidden,p.  109. 
life  was  not  affected  by  any  deficiency  of  males. 

The  orders  of  the  "  boss  "  of  the  gang,  in  which  I  worked  in  1888  and 
1889,  under  the  management  of  the  Alaska  Com- 
nuircial  Con»pany,  were  not  to  kill  the  five-year  old     ^lex.  Hamaon,  j).  116. 
bulls,  because  they  were,  he  said,  needed  on  the 
rookeries. 

We  noticed  idle  vigorous  bulls  on  the  breeding  rookeries,  because  ot 
the  scarcity  of  cows,  and  I  have  noticed  that  the 
cows  have  decreased  steadily  every  year  since     -^aa^i  Euahen,  p.  120. 
1886,  but  more  particularly  so  in  1888, 1889,  1890, 
and  1891. 


Abiair.Loud,p.S8. 


And  I  am  satisfied  a  sufficient  number  of  males 
was  always  reserved  for  future  breeding  purposes. 

That  during  the  twenty  years  I  was  upon  said  Pribilof  Islands,  as 
general  agent  of  said  Alaska  Commercial  Com- 
pany there  were  reserved  upon   the   breeding     n.  H.Mc Tnty re,  p.  i5, 
rookeries  upon  said  islands  sufficient  vigorous 
bulls  to  serve  the  number  of  females  upon  said  rookeries;  that  while  I 
was  located  upon  said  islands  there  was  at  all  times  a  greater  number 
of  adult  male  seals  than  was  necessary  to  fertilize  the  females  who 
hauled  upon  said  rookeries  and  that  there  was  no  time  when  there 
were  not  vigorous  bulls  on  the  rookeries  who  were  unable  to  obtain  fe- 
male consorts. 

So  well  was  this  necessity  for  reserving  sufficient  mature  male  life 
recognized  that  when  in  1887,  1888,  and  1889  the  depleted  rookeries 
(depleted  from  causes  that  Avill  be  explained  further  on)  would  not  fur- 
nish the  quota  of  100,000  large  skins,  two  and  three  years  old  male 
seals  were  taken  to  make  up  the  quota  in  preference  to  trenching  upon 
this  reserve  of  matuier  male  life. 

The  policy  of  the  Alaska  Commercial  Company,  during  the  whole 
period  of  its  lease,  was,  as  might  be  naturally  ex- 
pected, to  obtain  the  best  possible  skins  for  market  ^-  U-  Mdntyre,  p.  52. 
and  at  the  same  time  preserve  Lhe  rookeries  against 
injury,  for  it  was  not  only  in  their  interests  to  be  able  to  secure  every 
year,  until  the  exjiiration  of  the  lease,  the  full  quota  allowed  by  law, 
but  they  confidently  expected,  by  reason  of  their  good  management  of 
the  business,  and  faithful  fulfillment  of  every  obligation  to  the  Govern- 
ment, to  obtain  the  franchise  for  a  second  term.  1  was,  therefore, 
always  alert  to  see  that  the  due  proportion  of  breeding  males  of  serv- 
iceable age  was  allowed  to  return  to  the  rookeries.  This  was  a  com- 
I)aratively  easy  task  prior  to  1882,  but  became  from  year  to  year  more 
difficult  as  the  seals  decreased.  No  very  explicit  orders  were  given  to 
the  "  bosses "  upon  this  point  until  1888,  because  the  bulls  seemed  to 
be  plentiful  enough,  and  because  it  was  easier  to  kill  and  skin  a  small 
seal  than  a  large  one,  and  the  natives  were  inclined  for  this  reason  to 


294 


CAUSE. 


?•'! 


I  A 


[|f| 


tf.«.  i 


allow  tlip  larfje  ones  to  escape;  but  in  1S8S  aiul  ISSO  there  was  such  a 
marked  sitaicityof  l)ree<ling  males  upon  the  rookeries  that!  yave  strict 
orders  to  spare  all  five-year-old  bulls  and  coufiue  the  killing  to  smaller 
animals. 

I  Imve  never  known  or  heard  tell  of  a  time  wher  there  was  not  bulls 

enongh  an<l  to  sj)areoiitlie  breeding  rookeries.    I 

Anton  Meiovvdoff,  p.  142.  nevcM'  saw  a  ntw  oC.'i  years  ohi  or  over  in  August 

without  a  j)up  hy  ln'r  side.  The  only  cows  on  a 
breeding  rookery  without  ]>ni)s  are  tlu;  virgin  cows  who  have  come 
there  for  the  lirst  tinu;.  1  never  went  onto  a.  rookery  in  the  bree<ling 
season  when  I  conld  not  have  counted  plenty  of  idle  vigorous  bulls 
who  had  no  cows. 

Talk  of  epidemics  among  seals  and  of  impotent  bulla  on  the  rook- 
eries, but  those  who  iuive  spent  a  lil'etinieon  the  senl  islands,  and  whose 
business  and  duty  it  has  been  to  guard  and  obsei've  them,  have  no  knowl- 
edge of  the  existence  of  either.  An  im|)ortant  bull  dare  not  attempt  to 
go  on  a  rookery,  even  had  he  a  desire  to  *lo  so.  Excepting  the  ex- 
tremely old  and  feeble,  I  have  never  seen  a  bull  that  was  impotent. 

Noris  there  any  shadow  of  fact  for  the  idle  statement  made  from  time 

Simeon  Meiovidov,p.U6.  *«  ^j."}*^  ''^"»'<-  -^  'V^"^tli  of  bulls  on  the  ro.ikeries 

or  ot  impotent  bulls. 
I  have  talked  to  the  old  men  of  our  peoi)le,  men  who  can  remember 
back  over  fifty  years,  and  not  one  of  them  knows  of  a  time  when  there 
was  not  plenty  of  bulls,  and  more  than  enough  on  the  breeding  rook- 
eries, and  no  one  here  ever  heard  of  an  impotent  bull.  *  *  *  It 
has  been  sai(l  that  cows  are  barren  sometimes  because  of  the,  dearth 
of  bulla,  but  such  is  not  the  case  at  all,  for  the  <mly  (;ows  on  the  breed- 
ing rookeries  in  July  or  August  without  pups  aretlie  two-year-olds  (vir- 
gins), which  have  come  on  the  rookeries  for  the  first  time. 

Despite  tlie  lowering  of  the  standard  weight  of  skins,  care  was  taken 

annually  on  St.  George  that  the  residue  of  avail- 

T.F.  Morgan,  p.  63.        able  male  breeders  was  sul'licient  for  the  needs  of 

the  rookeries,  and  instructions  to  that  effect  were 

given  to  the  assistants  by  the  superintendent  of  the  Alaska  Commercial 

Comi)any.    In  this  we  were  aided  by  the  inaccessible  character  of  some 

of  the  hauling  grounds. 

During  these  years  there  were  always  a  sufficiency  of  male  seals  for 

breeding  purposes,  and  in  every  year  1  saw  great 

/.  H.  Moitlion,p.  71.        numbers  of  idle,  vigorous  bulls  ai)out  and  back  of 

the  breeding  grounds,  which  were  unable  to  obtain 

females. 

During  my  observations  in  1890,  I  was  led  to  believe  that  the  de- 
crease \\  as  partly  due  to  the  lack  of  bulls  on  the 
Jo8.  Murray,  p.  U.        breeding  rookeries,  and  I  so  reported  to  Agent 
(Jolf ;  but  after  thoroughly  investigating  the  sub- 
ject the  next  year  by  daily  visits  to  the  breeding  grounds  of  the  sev- 
eral rookeries,  where  1  saw  nearly  every  cow  with  a  pup  by  her  side, 
ai  '  nundreds  of  vigorous  bulls  without  any  cows,  1  came  to  the  con- 
clusion that  there  is  no  truth  in  the  theory,  and  that  it  was  the  cowa 
that  were  scarce  and  steadily  decreasing.    Had  I  had  a  doubt  it  would 


LACK    OF   MALE    LIFE   NOT   THE    CAUSE. 


295 


was  sueli  a 
f  j;iiv(!  strict 
'^  to  smaller 


as  rot  bulls 
ookciies.  I 
r  ill  Auf>ust 
i  <;(>\vs  on  a 
have  eoiru! 
le  breeding- 
porous  bulls 


1  the  roolc- 
,  and  whose 
renoknowl- 
b  attempt  to 
iiifi'  the  ex- 
njmtent. 

ie  from  time 
le  ro( decries 

n  remember 
when  there 
ediiifi'  rook- 
*  *  *  It 
the  dearth 
the  breed- 
ar-old8(vir- 


5  was  taken 
ue  of  avail- 
he  needs  of 
eft'ect  were 
'ommercial 
:ter  of  some 


lie  seals  for 
I  saw  jfieat 
md  back  of 
)le  to  obtain 


liat  the  de- 
ulls  on  the 
i  to  Agent 
ng-  the  sub- 
of  the  sev- 
>y  her  side, 
to  the  con- 
s  the  cows 
bt  it  would 


have  been  d'spelled  when  I  was  informed  that  the  combined  Heets  had 
warned  ninety -one  poaching  schooners  out  of  Bering  Sea  before  August 
25,  1891,  and  that  each  of  the  schooners  had  seal  skins  on  board,  wiiich, 
in  the  aggregate,  numbered  about  30,000,  of  which  90  per  cent  were 
found  to  be  females. 

During  my  stay  on  the  islands  I  have  never  seen  a  time  during  the 
breeding  season  when  there  lias  n(»t  been  a  num 

bei'  of  large,  vigorous  young  bulls  hanging  about     S.  n.  NetUvton,  p.  75. 
the  borders  of  the  rookeries  watirliing  for  an  op- 
p'-rtunity  to  get  a  position  of  their  own. 

The  "dearth  of  bulls  theory"  has  been  thoroughly  and  impartially 
investigated  without  discovering  a  cow  of  3  years 
old  or  over  on  the  rookeries  without  a  pup  by  her    l.  a.  Noyen,  p.  84. 
side  at  tlie  ])roper  time,  and  I  am  convinced  that 
the  virgin  females  coming  on  to  the  rookeries  for  the  first  time  are  the 
oiily  ones  to  be  found  there  without  pups. 

The  investigation  established  the  additicmal  fact  that  hundreds  of 
vigorous  bulls  were  lying  idle  on  the  rookeries  without  cows,  and  many 
others  had  to  content  tliemselves  with  only  one  or  two. 

The  theory  of  "impotency  of  the  bull  through  overdriving "  while 
young  was  also  found  to  be  untrue,  and  it  was  shown  that  after  1878 
all  long  drives  on  both  islands  had  been  abolished,  and  instead  of 
driving  seals  from  6  to  12  miles,  as  was  done  in  Russian  times,  noue 
were  driven  to  exceed  2^  miles. 

It  is  ji'.so  a.  well  known  fact  that  none  but  the  physically  strong  and 
aggressive  bulls  can  hold  a  position  on  the  rookeries,  and  that  a  weak 
or  an  imjiotent  aninnil  has  no  desire  to  go  there. 

A  dearth  of  bulls  on  the  breeding  rookeries  was  a  pet  theory  of  one 
or  two  transient  visitors,  but  it  only  needed  a 
thorough  investigation  of  the  condition   of  the   j.  c  Redpath,  p.  151. 
rookeries  to  convince  the  mostskeptical  that  there 
were  plenty  of  bulls,  and  to  spare,  and  that  hardly  a  cow  could  be 
found  on  the  rookeries  without  a  pup  at  her  side. 

For  five  years  I  have  given  this  particular  subject  my  most  earnest 
attention,  and  every  succeeding  year's  experience  has  convinced  me 
that  there  is  not  and  never  was  a  dearth  of  bulls.  The  theory  of  impo- 
tency of  the  young  bulls  because  of  overdriving  when  young  is  not 
worthy  of  consideration  by  any  sane  or  honest  num  who  has  ever  seen 
a  bull  seal  on  a  breeding  rookery;  and  as  I  have  already  answered  the 
question  of  overdriving  I  will  only  add  here  that  no  young  bull  ever 
goes  upon  a  breeding  rookery  until  he  is  able  to  fight  his  way  in,  and 
an  iini»(»teut  bull  has  no  desire  to  fight,  nor  could  he  win  a  position  on 
the  rookery  were  he  to  attempt  it.  The  man  is  not  alive  who  ever  saw 
a  six  or  seven  year  old  bull  seal  impotent. 

There  was  always  in  both  seasons  a  great  suflRciency  of  adult  males 
to  serve  all  the  females  coming  to  the  island,  and 
I  noticed  each  yeai-  a  great  number  of  idle,  vigor-    -B.  F.  Scribner,p.  89. 
ous  bulls  behind  the  breeding  grounds  who  could 
not  obtain  consorts,  and  one  of  these  extra  bulls  always  took  the  place 
of  an  (tld  male  unable  longer  to  be  of  use  for  breeding  purposes. 

And  that  the  seals  are  not  nearly  so  plentiful  M.  L.  Washburn,  p.  489. 
as  tliey  were  five  or  six  years  ago. 


1 


296 


CAUSE. 


There  was  never  while  I  have  l)een  upon  the  islands  any  scarcity  of 

vigorous  bulls,  there  always  being  a  sufticient 

Danl.  Webster,  p.  181.    number  to  fertilize  all  the  cows  coniing  to  the 

islands.    It  was  always  borne  in  mind  by  those 

on  the  islands  that  a  sufficient  number  of  males  must  be  preserved  for 

breeding  purposes,  and  this  accounts  partly  for  the  lowering  of  the 

standard  weight  of  skins  in  1888.    The  season  of  1891  showed  that  male 

seals  had  certainly  been  in  sufficient  number  the  year  before,  because 

the  pups  on  the  rookeries  were  as  many  as  should  be  for  the  number  of 

cows  lauding,  the  ratio  being  the  same  as  in  former  years.    Then,  too, 

there  was  a  surplus  of  vigorous  bulls  in  1891  who  could  obtain  no  cows. 

During  the  season  of  1891  nearly  every  mattire  female  coming  upon 
the  rooke  es  gave  birth  to  a  young  seal,  and 

W.H.  Williams,  p.  94.  there  was  great  abundance  of  males  of  sufficient 
age  to  again  go  upon  the  breeding  grounds  that 
year,  as  was  shown  by  the  inability  of  large  numbers  of  them  to  secure 
more  than  one  to  five  cows  each,  while  quite  a  number  could  secure 
none  at  all.  My  investigation  confirms  what  has  been  so  often  said  by 
others  who  have  reported  upon  this  subject,  and  that  is  that  the  Pribi- 
lof  Islands  are  the  great  breeding  grounds  of  the  fur-seals,  and  that 
they  can  be  reared  in  great  numbers  on  said  islands,  and  at  the  same 
time,  under  wise  and  judicious  restri<'tions,  a  certain  number  of  male 
seals  can  be  killed  from  year  to  year  without  injury  to  the  breeding 
herds,  and  their  skins  disposed  of  for  commercial  purposes,  thereby 
building  up  and  perpetuating  this  great  industry  indefinitely,  and  thus 
adding  to  the  Avealth,  happiness,  and  comfort  of  the  civilized  world, 
while,  on  the  other  hand,  if  the  pelagic  hunting  of  this  animal  is  to 
continue,  and  the  barbarous  practice  of  killing  the  mother  seal  with 
her  unborn  young,  or  when  she  is  I'earing  it,  is  to  go  on,  it  will  be  but 
a  very  short  time  before  the  fur-seal  will  practically  become  extinct  and 
this  valuable  industry  will  pass  out  of  existence. 

EAIDS  ON  EOOKEKIES  NOT  THE  CAUSE. 


liV 


Page  174  of  The  Case. 

It  may  be  worth  while  to  add  that  the  suggestion  has  been  made 
Report  of  American  t^i^t  the  decrease  in  the  number  of  seals  is  due  to 
Commissioners,  p.  378  of  piratical  raids  upon  the  islands  themselves  dur- 
The  Case.  jng  the  breeding  season. 

While  it  is  unquestionably  true  that  such  raids  have  occasionally 
occurred  during  the  past,  and  that  some  skins  have  been  obtained  in 
that  way,  the  number  of  these  is  so  trilling  in  comparison  with  the 
annual  pelagic  catch  as  not  to  affect  in  any  way  the  question  under 
consideration.  It  is  also  difficult  for  one  familiar  with  the  rookeries 
and  habits  of  the  seal  to  conceive  of  a  raid  being  made  without  its 
becoming  known  to  the  officers  in  charge  of  the  operations  upon  the 
islands.  The  "  raid  theory,"  therefore,  may  be  dismissed  as  unworthy, 
in  our  judgment,  of  serious  consideration. 

III.  The  statistics  which  I  have  examined,  as  well  as  all  the  inquiries 
made,  show  that  in  the  raids  upon  the  rookeries 
J.  Stanley  Brown, p.  IS.  themselves  by  marauders  the  loss  of  seal  life  has 
been  too  unimi)ortant  to  play  any  part  in  the  de- 
struction of  the  breeding  grounds.    The  inhospitable  shores,  the  expo- 


scarcity  of 
SI  sutticicnt 
liiig  t()  the 
1(1  by  those 
eserved  for 
ring  of  the 
d  that  male 
re,  because 
s  number  of 

Then,  too, 
in  no  cows. 

)ming  upon 
?  seal,  and 
>f  suflftcient 
ounds  that 
in  to  secure 
>uld  secure 
ten  said  by 
t  the  Pribi- 
s,  and  that 
,t  the  same 
>er  of  male 
le  breeding 
es,  tliereby 
Y,  and  thus 
ized  world, 
nimal  is  to 
r  seal  with 
will  be  but 
xtinct  and 


been  made 
Is  is  due  to 
selves  dur- 

casionally 
btained  in 
n  with  the 
tion  under 

rookeries 
^rithout  its 

upon  the 
unworthy, 


e  inquiries 

rookeries 

sal  life  has 

in  the  de- 

,  the  expo- 


RAIDS   ON   ROOKERIES   NOT   THE   CAUSE. 


297 


sure  of  the  ishmds  to  surf,  the  unfavorable  climatic  conditiona,  as  well 
as  tlu!  pieseiice  of  the  natives  and  white  men,  will  always  prevent  raids 
upon  the  islands  from  ever  being  frequent  or  effective. 

During  my  stay  u  r)n  St.  George  Island  several  attempts  were  made 
by  poachers  to  get  on  shore  and  steal  the  seal,  but 
they  succeeded,  as  far  as  I  am  aware,  only  on      Harry  N.  Clark,  p.  160. 
three  occasions,  and  in  all  those  three  I  «lo  not 
think  they  killed  more  than  1,200  or  1,500  seals,  including  pups.    If  any 

others  liad  effected  a  landing  we  should  have  known  it,  for  the  rooker- 
ies were  constantly  watched  and  the  natives  are  very  keen  in  this  mat- 
ter. 


We  tried  to  make  a  raid  on  St.  George,  but  the 
Gorwin  was  after  us  and  we  kept  out  of  its  way. 


Peter  Duffy,  p.  421. 


During  tlie  time  I  was  on  St.  George  Island  there  never  was  a  raid 
on  the  rookeries  to  my  knowledge,  and  I  never         „   „  » 
heard  of  any  such  raid  ever  having  taken  place.    ^""^  '•  ^'"'"""^'^  P- 162. 

I  have  known  of  one  or  two  schooners  operating  in  Bering  Sea  as 
early  as  1877  or  1878,  and  they  were  on  the  rook- 
eries occasionally  durfng  the  past  ten  years;  but   -^"o.  Fratis,p.  108. 
they  can  not  damage  the  seal  herd  much  by  raid- 
ing the  rookeries,  because  they  can  not  take  many,  even  were  they  per- 
mitted to  land,  which  they  are  not  by  any  means. 

Raids  on  the  rookeries  by  marauders  did  not,  while  I  was  on  the 
island,  amount  to  anything,  and  certainly  s(;al  life 
there  was  not  affected  to  any  extent  by  such  in-    B.  A.  Giidden,p.  ill. 
cursions.    I  only  knew  of  one  raid  upon  St.  Paul 
Island  while  I  was  there.    It  was  by  a  Japanese  vessel,  and  they  killed 
about  100  seals,  the  carcasses  of  which  we  found  on  board  when  we 
captured  the  vessel. 

We  sailed  about  January  from  Victoria,  British  Columbia,  and  sailed 
along  the  coast  until  the  latter  part  of  June  and 
went  into  Bering  Sea,  and  sealed  as  near  to  St.    Joa.  Grymea,  p.  iSi. 
George  Island  as  we  could,  and  caught  about  300 
or  400  seals  in  the  sea.    Our  intention  was  to  make  a  raid,  but  were 
driven  away  by  a  revenue  cutter.    We  left  the  sea  about  the  latter  part 
of  July. 

Max.  Heiibronner,  having  been  duly  sworn,  deposes  and  says:  I  am 
secretary  of  the  Alaska  Commercial  Agency,  and 
as  such  have  in  my  custody  al  1  record  books  of  the    Max  Heiibronner,  p.  29. 
company;  and  among  them  the  daily  records  or 
"log  book"  kept  by  the  agents  of  the  company  on  St.  George  Island 
from  1873  to  1889,  inclusive,  and  on  St.  Paul  Island  from  1876  to  1H89, 
inclusive.    In  these  books  every  occurrence  was  carefully  noted  from 
day  to  day  by  the  agent  in  charge  at  the  time.    They  have  been  ex- 
amined under  my  supervision  and  show  only  the  following  raids  on  St. 
George  Island  during  the  time  covered  by  them,  to  wit: 

October  23, 1891  [1881]. — The  carcasses  of  fifteen  dead  pup  seals  and 
a  cargo  hook  were  found  on  a  rookery.    It  was  supposed  that  the  crew 


m 


298 


CAUSE. 


i 


ofn  scliooiici'  seen  about  tiio  isliiiul  a  few  days  previous  landed  in  the 
iiiylit. 

October  10,  ]SSI. — FiiN'cii  seal  (larcasses  were  fouii<l  on  Zaj»adiiie 
rookery.  A  jjiiard  was  statittiied,  and  the  following;'  \\'\<^\it  the  erew  of 
a  schooner  made  an  unsuccessful  attempt  to  land.  The  boats  were  flred 
ou  by  the  guard  and  ietreate<l. 

Jtily  20,  1S85. — A  i)arty  landed  under  the  cliffs  in  a  secluded  place 
and  killed  about  live  hundred  adult  feunde  seals  and  took  the  skins 
away  with  them.  They  killed  about  live  hundred  pu|)8  at  the  same 
time,  leavinji'  tlu'ju  unskinncd. 

'Julj/  33,  WS5. — A  party  landed  at  Stariie  Arteel  rookery  and  killed 
and  skinned  120  seals,  liu'  skins  of  which  they  leit  in  tiieir  llight,  when 
pursued  by  the  guard.  They  killed  also  about  liOO  pups,  wlach  were 
left  unskinned. 

November  17,  1S8S. — A  crew  landed  and  killed  some  seals  at  Zapad- 
lue;  how  many  is  not  known,  but  at  this  season  of  the  year  the  number 
must  have  be(!n  small,  because  the  seals  have  nearly  all  migrated. 

iiiptembcr  80,  l<sti!). — Eigldeen  dead  seals  and  four  clubs  wei'e  I'ound 
on  a  beach  near  a  rookery.  It  is  not  known  whether  any  others  were 
killed. 

All  examination  of  the  St.  Paul  n'(!ord  does  not  show  any  destruc- 
tive I'aids  upon  the  island.  It  is  a  fact,  however,  that  in  July,  187i"», 
l)rior  to  the  beginning  of  the  record,  the  crew  of  the  schooner  San  Diego 
landed  on  Otter  Ishind,  a  snndl  islet  G  mihvs  fr()ni  St.  Paul,  and  killed 
and  skinned  l,(J(»0  seals.  She  was  captured  before  leaving  the  island, 
and  both  the  skins  and  vessel  were  condemned  to  forfeiture  by  the 
United  States  <!Ourt. 

Tlie  reports  of  the  superintendent  for  the  lessees  show  that  it  was 
the  custom  of  the  company's  agents  on  the  islands  to  frequently  patrol 
the  rookeries  whenever  the  weather  was  such  that  a  iancling  could  be 
etfected  on  them,  and  to  keep  watchmen  at  points  distant  from  the  vil- 
lages, whose  special  duty  it  was  to  report  every  unusual  or  suspicious 
occurrence.  For  this  puri)ose  the  northeast  point  of  St.  Paul  Island 
was  connected  with  the  village  by  telephone  in  1880,  a  distance  of  12 
miles,  and  the  natives  instructed  in  the  use  of  the  instrument.  If  any 
raids  upon  the  islands,  other  than  those  herein  mentioned,  had  oc- 
curred, I  am  sure  they  would  have  been  detected  and  reported  to  this 
office.    No  such  reports  a.re  on  file. 

H.  H.  Mclntyre,  having  been  duly  sworn,  deposes  and  says:  I  was 
superintendent  of  the  seal    tisheries  of  Alaska 

II.  H.  Mclntyre,  i>. 'SO.  from  1871  to  1889,  iiudusive.  The  records  above 
referred  to  were  kept  under  my  direction  by  my 
assistants  on  the  respec^tive  islands.  I  was  in  frequent corresponderuje 
with  these  assistants  when  not  personally  present  and  am  sure  that 
anything  worthy  of  notice  would  have  been  promptly  reported  to  me. 
I  believe  that  these  records  contain  a  true  account  of  all  destructive 
raids  uijon  the  islands.  If  there  had  been  any  others  I  should  have 
heard  of  them.  Every  unusual  occurrence  at  any  point  about  the 
islands  was  noted  by  the  keen-eyed  natives  and  at  once  reported  to  the 
company's  office,  the  matter  was  investigated,  and  a  record  of  it  en- 
tered in  the  daily  journal.  I  am  confident  that  the  oidy  marauding 
expedition  that  ever  succeeded  in  killing  more  than  a  few  dozen  seals 
each  were  those  of  1875,  upon  Otter  Island,  and  of  1885  upon  St.  George 
Island,  the  details  of  which  are  set  forth  by  Mr.  Heilbronner  in  the 
foregoing  affidavit.    I£  there  were  others  of  which  uo  record  appears, 


tided  in  the 

u  Za])adnie 

the  crow  of 

ts  were  flrcd 

luded  place 
k  the  skins 
it  the  saiue 

f  and  killiMl 
lliyht,  when 
whicli  were 

s  at  Zapad- 
the  number 
grated, 
woj'c  Ibund 
others  were 

iny  destinc- 
.Tuly,  l.S7i">, 
r  San  Dicf/o 
,  and  killed 
the  island, 
jUre  by  the 

that  it  was 
ently  patrol 
ig  could  be 
foni  the  vil- 

susi)icious 
^aul  Island 
tance  of  12 
at.    If  any 

d.  had  oc- 
rted  to  this 


ays:  I  was 
of  Alaska 
ords  above 
;iou  by  uiy 
espondence 
in  sure  that 
ted  to  me. 
destructive 
lould  have 
about  the 
orted  to  the 
d  of  it  en- 
marauding 
iozeu  seals 
St.  George 
mer  in  the 
d  appears, 


RAIDS    ON    UOOKKIMKS    NOT   THE    PAUSK. 


21)0 


the  number  of  seals  kille«l  was  comaratively  very  small  and  had  no  ap- 
l>reciable  ell'ect  upon  seiillil'e. 

Sometimes  they  try  to  land  on  the  rookeries,  but 
we  drive  them  oil"  with  guns  and  they  never  get    MroU  Kiuhtf,  p.l33. 
many  seals  tiiat  way. 

r  do  not  mean  to  say  that  the  seals  were  injured  becau>;e  a  few  were 
killed  on  flic  rookeries,  when  men  from  schooners 
landed  on  tiic  islands  in  the  nightor  when  the  tog    .f'/i/iV-  KKxhni.  !>.  128. 
was  very  thick,   for  the  numbers  killed  in   that 

way  never  amounted  to  much,  as  it  is  not  often  the  raiders  can  laml  on 
a  rookery  and  escape  with  tin  ir  pluinler. 

When  on  a  raid  \vc  would  watch  for  a  favoraV)le  opportunity  to  make 
a  landing,  and  tiien  kill  nnile  and  female  fur  seals 
imliscrimimitely.     I 'robably  foi' every  oOO  market       /.  m.  I Auard,  p.  211. 
able  skins  sectired,  double  that  number  of  i)ups 
were  (lesti'(>yed. 

While  I  was  on  the  island  there  were  nor  tnore  than  three  or  four 
raids  on  tl»e  rookeries  to  my  knowh'dge,  ami  I 
think  that  the  destruction  to  seal  life  by  raiding      a.  P.  J.oml,  p.  39. 
rookeries  is  a  small  part  of  i  [»er  cent  as  compared 
with  the  numbers  taken  by  killing  in  the  water. 

It  is  often  difficult  to  entirely  prevent  poaching  on  the  islands,  al- 
though in  my  judgment  it  has  not  been  of  sufli- 

cient  importance  on  the  ('ommander  Islands  to    Jno.  Vahwan8ky,p.VM. 
have  any  i)ercei)tible  influence  in  the  diminution 
of  the  herd. 

I  remember  seeing  an  occasional  sealing  schooner  in  Bering  Sea  as 
long  ago  as  1878,  but  it  was  in  1884  they  came  in 
large  mimbers.     Xt  first  it  was  supposed  they  in-      a.  Melovciloff,  />.  143. 
tended  to  raid  the  rookeries,  and  we  armed  a  num- 
ber of  men  ami  kept  guard  every  night,  and  we  drove  ott' any  boats  we 
found  coming  to  a  rookery.     Sometimes  in  a  dense  fog  or  very  dark 
night  they  landed  and  killed  a  few  Imiulred  seals,  but  the  numbers 
taken  in  this  manner  are  too  small  to  be  considered. 

One  cause  of  destruction  is  raiding,  which  has  been  done  upon  tho 
shores  of  the  islands.     A  half  do/en   sucli   raids 
are  known  to  me  personally;  but  while  it  is  not      T.  F. Morgan, p. G7>. 
l)ossible  for  me  to  state  with  certainty  the  skins 

actually  seemed  by  such  raids,  I  believe  that,  altlnuigh  such  raiding  is 
detrimental,  its  injurious  effect  as  com])ared  with  the  disastrous  residts 
of  pehigic  sealing  is  insignificant. 

There  were  only,  as  I  recolle(;t,  tour  raids  on  the  ishinds  while  I  was 
there;  but  little  or  no  damage  was  done,  and  seal 
life  was  not  perceptibly  affected  by  such  maraud-      j.  n.  MouUon,p.72. 
ing. 

From  my  personal  km)wledge  of  the  number  of  seals  killed  upon  the 
Pribilof  Islands  by  raids  upon  the  rookeries  dur- 
ing my  residence  there,   and  from  information      s.R.XvtUeton,p.76. 
gained  through  other  sources,  I  conclude  that  the 


■f^f 


300 


CAUSE. 


niiinbor  of  fnr-sonls  killed  is  infinitely  Hmall  com i)n rod  with  the  mimher 
killed  in  pclajiic^  .souiiiiH;;  so  Hniall,  in  fact,  as  to  have  no  appreciable 
efl'cct  upon  seal  lite  upon  the  islands. 

I  am  told  that  the  diminution  of  seal  life  has  been  attributed  to  raids 
by  j)oachers  upon  the  seal  islands.    Very  few  of 
GusiaveNiehaum,p.78.  these  have  o(!cnne(l,  and  the  number  of  skins  ob- 
tained by  the  poacliers  has  been  (comparatively 
infinitesimally  small.    I  think  the  whole  number  obtained  by  them  in 
this  way  does  not  exceed  3,'>00  or  4,()()()  skins.    We  wore  accustomed 
always  to  maintain  a  i)atrol  and  guard  upon  the  rookeries  whenever 
the  weather  was  such  that  poacliers  could  land  upon  them,  and  upon 
the  least  suspicious  cinmmstances  measures  wore  taken  to  forestall  any 
attempts  to  steal  the  seals.    The  sea  is  usually  rough  in  the  fall  when 
poachers  try  to  get  in  their  work;  the  shores  are,  at  most  places,  inac- 
cessible from  boats,  and  the  natives  are  vigilant  and  active.    If  marine 
hunting  is  stopped,  they  can  be  safely  trusted  to  defend  the  property 
upon  which  their  very  existence  is  dependent,  as  they  have  done  re- 
peatedly, against  any  single  schooner's  crew. 

There  were  occasional  raids  made  upon  the  islands  [Conrmander]  by 
poachers  during  our  twenty  years'  lease,  but  they 
GuataveMchaum,p.203.  were  generally  unsuccessful  in  killing  any  consid- 
erable number  of  seals,  and  their  raids  had  no 
appreciable  effect  ipon  the  rookeries. 

During  those  years  the  lawless  occupation  of  «5ai  coaching  w.as  in 
its  infancy.    Marauding  vessels,  it  is  true,  ap- 

n.  G.  Otis,  p.  86.  peared  from  time  to  time  in  these  waters,  but  the 

islands  were  so  well  guarded  that  during  my  term 
of  office  there  never  was  a  successful  raid  or  lauding  upon  either  of  the 
islands  of  St.  Paul  or  St.  George,  The  only  landing  upon  any  island 
of  the  group  was  made  in  June,  1881,  upon  the  unoccupied  island  of 
Otter  (not  included  in  the  lease),  as  described  in  my  si)ecial  report  to 
the  Secretary  of  the  Treasury,  dated  July  4, 1881.  On  that  occasion  a 
predatory  scifiooner  succeeded  in  landing  a  boat's  crew,  who  killed  forty 
or  fifty  seals,  when  they  were  driven  off  by  a  boat  sent  by  me  for  that 
purpose  from  St.  Paul,  about  6  miles  distant. 

•    Until  1884  sealing  schooners  were  seen  but  very  seldom  near  the 

islands  or  in  Boriug  Sea,  and  the  few  seals  taken 
J.  c.  Bedpath,  p.  151.    by  the  hunters  who  raided  the  rookeries  occasion- 
ally are  too  paltry  to  be  seriously  considered,  be- 
cause the  raids  were  so  few,  and  the  facilities  for  taking  many  seals  off 
so  utterly  insignificant. 

There  was  but  one  successful  raid  on  the  rookeries  while  I  was  upon 
the  island,  and  but  125  seals  were  killed.    I  do 
T.  F.  Ryan,  p.  175.        not  consider  that  raids  on  the  rookeries  have  any- 
thing to  do  with  the  decrease  of  the  number  of 
seals. 


B.  F.  Sciibner,  p.  90. 


While  I  was  on  the  islands  there  were  no  raids 
on  the  rookeries,  and  seal  life  was  never  depleted 
at  that  time  by  such  means. 


RAIDS   ON   ROOKERIES   NOT   THE   CAUSE. 


301 


the  nnmher 
ippreciuble 


ted  to  raids 
Very  few  of 
3f  skins  ob- 
nparativoly 
by  them  in 
[icciistoincd 
a  whenever 
1,  find  upon 
)re8tall  any 
e  fall  when 
ilaces,  inac- 
If  marine 
le  property 
re  done  re- 


nander]  by 
(e,  but  they 
any  consid- 
ids  had  uo 


iin{j  w.as  m 
s  true,  ap- 
3rs,  but  the 
ng  my  term 
ither  of  the 
any  island 
id  island  of 
il  report  to 
i  occasion  a 
killed  forty 
me  for  that 


a  near  the 
seals  taken 
}s  occasion- 
sidered,  be- 
ny  seals  off 


I  was  upon 
illed.  I  do 
s  have  any- 
number  of 


sre  no  raids 
er  depleted 


Tliere  was  but  one  raid  on  the  rookeries  while  I  was  there,  and  that 
took  i»lace  on  Otter  Island,  about  sixty  skins  be- 
inf;  taken.    Alter  that  raid  the  (iovernment  kept      fy-  ^.  Taylor, p.  177. 
a  man  on  Otter  Island  during;  the  entire  summer 
to  protect  it  from  marauders,     liaids  on  the  islands  never  afiected  Heul 
life  to  any  extent. 

I  do  not  remember  the  precise  date  of  the  first  successful  raid  upon 
the  rookeries  by  sealin};  schooners,  but  I  do  know 
that  for  the  past  ten  years  there  liave  been  many     Danl.  Webiter,  p.  183. 
such  raids  attempted,  and  a  few  of  them  success- 
fully carried  out,  and  that  as  the  nniid)er  of  schooners  increased  around 
the  islands,  the  attenii)ted  raids  increased  in  proportion,  and  it  lias 
been  deemed  necessary  to  keep  armed  piinrds  muir  the  rookeries  to  re- 
pel such  .attacks.    Altliough  a  few  of  the  raids  were  successful,  and  a 
few  hundred  seals  killed  and  carried  off,  from  time  to  time  durioij  the 
past  tan  years,  the  aggie^fate  of  all  the  seals  thus  destroyea  is  too 
small  to  he  mentioned  when  considering  thecauseof  the  sudden  decHuo 
of  seal  life  on  the  Pribilof  Islands. 

MANAGEMENT  OP  KOOKEUIES  NOT   TUE  CAUSE. 
Page  176  of  The  Case. 

Jn  studying  the  causes  of  diminution  of  seal  life  there  were  found  a 
variety  of  actual  and  possible  sources  of  destruc- 
tion wliich  are  efteetivi-  \u  varying  degrees.    For-     j.  Stanley  Brown,  p.  17. 
tunately  the  most  imporiant  of  these  sources  were 
directly  under  my  observation,  and  the  following  facts  presented  them- 
selves for  consideration. 

The  restrictions  upon  the  molestation  of  the  breeding  grounds  and 
upon  the  killing  of  females  has  been  imperative  both  on  the  part  of  the 
Government  and  lessees  since  the  American  ownership  of  the  islaiuls, 
so  that  in  the  taking  of  seals  no  injury  could  possibly  have  occurred  to 
the  females  and  bulls  found  thereon. 

For  some  years  past  the  natives  were  permitted  to  kill  in  tho 
fall  a  few  thousand  male  pups  for  food.  Such  killing  has  bet^n  i)ro- 
hibited.  It  is  not  apparent  how  the  killing  of  male  i>ups  could  have 
decreased  the  number  of  females  on  the  breeding  grounds. 

If  the  seals  were  as  numerous  to-day  on  the  Pribilof  Islands  and  tho 
manner  of  driving  and  killing  conducted  in  tho 
same  manner  as  during  my  experience  there,  one     chaa.  Bryant,  p.  9. 
hundred  thousand  male  seals  of  liom  2  to  4  years 
of  age  could  be  taken  fi-om  the  hauling  grounds  annually  for  an  indefi- 
nite period  without  diminution  of  the  seal  herd. 

Because  of  the  manner  of  killing  seals  on  the  islands,  the  precautions 
taken  to  kill  only  males  of  from  2  to  5  years,  and 
the  careful  limitation  of  the  numbers  taken,  I  am     S.  N.  Buyniuky p.22. 
fully  convinced  that  the  taking  of  seals  on   the 
Pribilof  Islands  could  never  afi'ect  the  numbers  of  the  seal  herd  or  de- 
plete the  rookeries. 


302 


CAUSE. 


T  was  ill  tlie  employ  of  tlio  Alaska  Commorrinl  CompaTiy,  tlio  fornior 

lessees  of  the  seal  islands,  and  tlieir  instnietions 

Leander  Cox, j). 417.        won'  to  use,  the  utmost  eaie  in  takinfj  their  quota 

of  sei'ls,  so  that  there  might  be  no  diminution  in 

number  from  year  to  yea^r,  and  1  i)ersonally  know  those  instructions 

were  riyidly  enforced. 


UC 


80  m 


I      i>i 


i>!,,  .  > 


And  that  if  no  other  agency  is  at  work  in  destroying  seal  life  100,000 
bachelor  seals  can  be  taken  from    the  Pribilof 

iSaml.  Falconer,!).  IGl.  Islands  yearly  for  an  inilefiiiite  period,  provided 
tl'.i'  rookeries  were  in  the  same  condition  they 
wore  in  1871.  3f  this  I  am  convinced  from  the  fact  that  the  seals  con- 
tinued to  increase  dining  all  the  time  I  was  upon  the  islands,  when 
100,000  were  killed  every  year,  except  one,  when  95,000  were  taken. 

The  management  of  the  sealeries  u])on  ( 'opper  Island,  under  Kussian 
occupation,  was  left  Aviiolly  to  the  native  chiefs 

C.  F.  JJmilA'ribujji.vX).  and  igiuuant  laborers  of  the  Russian  Ameri(!an 
Company.  The  nk  of  killing  the  seals  and 
curing  the  skins  was  done  by  them  in  a  very  unsystematic,  careless 
way;  but  even  then  it  was  undcrs'o*  d  that,  as  the  seals  are  polyganv 
ous,  tlie  surest  way  to  secure  an  increase  of  the  herd  was  to  kill  oil 
surplus  males  and  spare  the  females,  and  this  was  systematically  prac- 
ticed, resulting,  as  far  as  I  am  aware,  most  satisfactorily.  A  iter  the  expira- 
tion of  the  lianchiseof  the  Kussian  American  Company,  inl8G7Ithiuk  it 
was,  and  their  abandonment  of  the  island  and  the  execution  of  the 
lease  to  Hutchinson,  Kohl  &  Co.,  in  1871,  several  dift'erent  parties 
visited  the  island,  killed  seals  injudiciously,  and  inllii^ted  great  injury 
upon  the  rookeries.  They  were  I'cstrained  to  some  extent  by  the  na- 
tives from  indiscriminate  slaughter,  but  I  have  no  doubt  they  killed 
more  male  seals  than  they  ought  to  have  done,  and  perhaps  also  some 
females.  Upon  my  arrival  at  the  island,  in  1871,  the  native  chief  told 
me  tliat  the  seals  wcie  not  as  plentiful  as  they  had  been  formerly.  I 
announced  that  we  intended  to  secure  6,000  skins  that  year.  They 
protested  that  it  was  too  uiany,  and  begged  that  a  smaller  number  be 
killed  for  one  year  at  least.  We,  however,  got  the  G,0(K)  skins  as  pro- 
l)osed,  and  an  almost  con.^lantly  increasing  numl)er  in  every  subse- 
quent year  as  long  as  I  stayed  on  the  islands,  until  in  1880  the  roitk- 
eries  had  so  develojx'd  that  about  .'H),000  skins  were  taken,  without  in 
the  least  injuring  them.  This  is  ])roved  by  the  fact  that  the  inc^rease 
for  the  next  ten  years  allowed  still  largeriiumbers  to  be  killed,  amount- 
ing, I  think,  in  one  of  the  years  of  the  second  decade  of  the  lease  to 
about  40,000  skins. 

In  order  to  secure  uniformity  in  the  methods  puifued,  respectively, 
uixin  the  Pribilof  Crou])  and  Commander  Islands  the  resjjcctive  lessees 
of  the  two  interests  sent  Capt,  Daniel  Webster,  an  expert  sealer  of 
]':;iny  years'  exjierience  in  the  business,  and  who  was  at  the  time  in  the 
service  of  the  Alaska  Commercial  Company  at  St.  Paul  Island,  to  as- 
sist and  instruct  me  through  the  summer  of  1871  in  the  best  manner  of 
handling  seal  droves,  salting  skins,  and,  generally,  in  the  condu(;t  of 
the  business.  Jn  working  under  his  diri'ction  1  found  that  the  metliods 
pursued  by  the  res])ective  i)arties  upon  the  ditl'erent  sealeries  di<l  not 
diiVeiin  any  essential  feature.  The  main  object  in  both  places  was  to 
L<elect  good  skins  for  market  and  spare  all  female  seals  and  enough  vig^ 
orous  bulls  to  serve  them.  When  the  supply  of  bulls  is  more  than 
ennugii  I  liave  no  doubt  the  number  of  offspring  is  diniinished.  The 
bulls,  wuen  overiiumerous,  light  savagely  for  the  possession  of  the  cow 


MANAGEMENT   OF   EOOKERIES    NOT   THE   CAUSE. 


303 


:Tip  former 
struct  ions 
leir  quota 
imitioii  in 
structious 


ife  100,000 
e  Pribilof 
,  i)rovi(led 
ition  they 
seals  con- 
luls,  when 
ive  taken. 
ir  Itussian 
ive  chiefs 
Anieii(!an 
seals  and 
f,  careless 
Itolyyam- 
to  kill  ol! 
jally  ])ra(;- 
:lieexpira- 
1 1  think  It 
on  of  the 
nt  parties 
fat  injury 
)y  the  na- 
lun'  killed 
also  some 
chief  told 
nierly.  I 
ar.  They 
umber  be 
IS  as  pro- 
^,ry  subse- 
the  rook- 
.ithout  in 
i  increase 
,  ainount- 
iease  to 

poctively, 
ve  lessees 

scaler  of 
iiiu'.  ill  the 
11(1.  to  as- 
iiiiiiiier  of 
oiKlu(;t  of 

iiH'liiods 
s  did  not 
L\s  was  to 
ouj^li  vi,!^ 
lore  tiian 
led.  Tiie 
f  tlio  cow 


seals  and  unintentionally  destroy  many  young  in  their  conflicts.  The 
healthiest  condition  of  a  rookery  is,  no  doubt,  when,  under  the  laws  of 
polygamous  reproduction  for  this  species,  the  proportion  of  the  sexes 
is  properly  balanced. 

Following  the  surrender  of  occui)ancy  of  these  islands  by  the  Ilus- 
sian  American  Company  in  1868,  the  sealeries 
were  left  open  to  all  parties  and  various  expedi-    Oustave  Nicbaum, p.  202. 
tions  visited  them  unrestricted  by  any   govern- 
mental control.    Their  catches  amount e<l  in  18G8  to  about  15,000 ;  in 
1809  to  about  L>0,000,  and  in  1870  to  about  ,'}0,000  skins. 

In  1871  the  Kussiaii  Government  execut' d  the  lease  to  TTutchinson, 
Kohl  &  Co.,  aad  it  was  f(mnd  necesssary  to  restrict  the  killing  for  titis 
year  to  about  0,000  skins,  because  tb  _•  rookeries  had  been  largely  de- 
jileted  by  the  excessive  killing,  un\s i-e  methods,  and  iieedless  hus- 
bandry. The  result  of  improved  methods  sliowed  themselves  at  once, 
and  the  rookeries  steadily  increased  in  size  and  number  of  occupants. 
We  were  thus  enabled  to  procure  an  almost  constantly  increasing  num- 
ber of  skins  from  year  to  year  during  the  whole  term  of  our  lease.  We 
were  unrestricted  as  to  the  numbers  to  be  taken,  and  after  the  first 
two  years  of  the  lease  were  urged  by  the  Kussiaii  autlioritics  upon  the 
islands  to  take  more  than  we  wanted  in  view  of  the  condition  of  tlie 
seal -skin  market. 

I  revisited  the  islands  on  various  occasions  subsequent  to  1S71,  and 
my  observations  confirmed  the  fact  that  we  were  moving  in  the  riglit 
direction  to  secure  an  increase  of  the  rookeries.  The  ex])(Mieiice  of  1  he 
whole  term  of  the  lease  proves  c<mclusively  that  our  ])olicy  in  conduct- 
ing the  business  was  a  wise  one  and  that  our  manner  of  handling,  man 
aging,  and  killing  the  seals  was  in  every  respect  what  it  should  have 
been.  This  policy  was  i)redicated  ujioii  the  custom  of  the  liiissian 
American  Cimipany  observed  during  many  years  and  strengthened  by 
my  own  actual  experience  in  conducting  the  business  of  taking  seals 
upon  the  Pribilof  Islands  in  1807-'08  and  1809,  and  more  ])arti(nhirly 
during  the  season  of  1808,  when  there  was  unrestricted  sealing  done  by 
various  parties  r^  xaidless  of  the  futiiie  of  the  rookeries.  The  perni- 
cious effects  v;i  tnt;  methods  pursued  by  them  were  at  once  obsei\ cd, 
and  measures  iiumediately  taken  by  me.  aided  by  the  natives,  over 
whom  I  h'  d  complete  control,  to  correct  tlM'ir  iiractices  and  bring  them 
within  the  reasonable  (nistoms  already  proved  etiicaciims  in  preserving 
the  rookeries  Iroir  annihilation. 

If  the  right  proportion  is  maintiiined  between  the  sexes,  the  greatest 
possible  number  of  ]nogeny  is  assured.     As  long 
as  we  were  able  to  ke(  t)  exclusive  contnd,  undis-     //.  //.  Mdnti/re,  ;/..'j3. 
turbed  by  outside  influences,  we  maintained  the 

steady  increase  of  the  herd  and  prulitablc  icturns  from  the  industry. 
When  outside  parties,  beyond  our  jurisdiction,  carried  on  tlicir  de- 
structive work,  to  any  considerable  extent,  the  eqiiilibiiii.ii  of  tiie  sexes 
was  destroyed,  any  calculation  of  thos''  in  charge  of  the  islands  was 
nullified  or  miscarried,  and  the  speedy  decrease  and  ultimate  destruc- 
tion of  the  seals  and  sealing  industry  made  <'ertain. 

We  protect  and  take  good  care  ot  the  seals,  and  if  they  were  not 
killed  in  the  sea  we  c(mid  make  them  increase 
upon  the  islands  so  that  they  would  be  as  many    a.  Melovcdujj,  p.  ii5. 
as  uefore. 


304: 


CAUSE. 


M 


"M 


i  < 


We  can  care  for  and  protect  the  mature  seals  as  well  as  the  cattle 

on  the  ranges  are  cared  for  and  i)rotected,  and  if 

S.  Melovidov,  p.  147.       they  could  he  guarded  fiom  the  hunters  in  the 

sea  we  conUl  by  good  inaiiagentont  again  make 

the  rookeries  as  large  as  before. 

Naturally  the  cause  of  this  diminution  was  a  matter  of  interest  and 
inquiry.     It wasnot  evidenttliatitwas  from  causes 
T.  F.  Morgan,  p.  6i.      incident  to  the  taking  of  seals  upon  the  island. 
The  greatest  care  was  exercised  in  the  driving; 
under  precisely  similar  conditions  the  herd  had  inci'cased  in  former 
years;  the  number  of  skins  origiimlly  apportioned  to  St.  George  Island 
was  reduced  at  an  early  date,  aiul  only  increased  in  ])roporti()n  to 
the  rookeries'  expansion.    No  disturbance  of  the  rookeries  was  per- 
mitted, even  the  presen(!e  of  dogs  and  use  of  firearms  being  prohibited 
during  the  presence  of  the  seals. 

The  management  of  the  rookeries  the  first  fifteen  years  of  the  Alaska 
Commercial  Company's  lease  resulted  in  a  large 

Leon  Siosg,  p.  91.  increase  of  seals.    The  same  business  manage- 

ment continued,  and  the  same  system  was  pursued 
to  the  end  of  the  term,  yet  in  the  last  five  years  the  rookeries  fell  off. 
Clearly  it  was  through  no  fault  of  the  company,  and  resulted  from  some 
cause  beyond  their  control.  I  do  not  think  the  Alaska  Commercial 
Company  made  any  mistakes  in  managing  the  seal  herd.  They  handled 
them  in  every  respect  as  1  would  have  done  if  they  ha<l  been  my  own 
personal  property,  and  as  I  would  do  if  they  w^ere  now  to  come  into  my 
hands.  If  they  erred  in  any  particular  in  their  management,  it  was  in 
their  futile  attempt  in  1888  and  1889  to  stop  the  waste  of  seal  life  at  the 
island  spigot  while  it  was  running  out  at  the  bunghole  of  pelagic  scaling. 

The  record  shows  that  we  did  not  finish  the  catch  as  early  in  1885  as 
had  been  done  in  former  years.  I  do  not  think  this  was  from  any  lack 
of  seals,  but  was  caused  by  greater  care  in  making  oui-  selection  of  ani- 
mals to  be  killed. 

I  again  visited  St.  Paul  Island  and  remained  there  several  days  in 
the  summer  of  1885,  but  saw  no  evidence  then,  or 

Geo.H.  Temple,pAH.  whcu  formerly  on  the  island,  to  lead  me  to  think 
that  the  lessees  were  damaging  the  rookeries,  or 
doing  anything  different  from  what  a  judicious  regard  for  the  future  of 
the  industry  would  dictate. 

In  giving  this  evidence  I  am  as  free  from  prejudice  as  is  possible  when 
entertaining,  as  I  do,  a  feeling  that  the  late  lessees  treated  me  in  some 
measure  unjustly,  nor  have  I  any  interest  whatever  in  the  seals  or  the 
products  of  the  sealeries. 

EXCESSIVE   KILLING  THE  ADMITTED  CAUSE. 

Pagtj  176  of  The  Case. 

We  find  that  since  the  Alaska  purchase  a  markinl  diminution  in 
the  number  of  seals  on   and  Imbilnjillv  resorting 

m  cle'^'""'' ■^' ^^'"^  "^"   ^'*  ^''^'  I'ribil(»f  Islands  has  tak(«n  i)lace;  that  it 

lias  been  cumulative  in  eflect,  and  that  it  i&  the 
result  of  excessive  killing  by  man. 


I  the  cattle 

L'ted,  and  if 
ters  in  the 
gain  make 


nterest  and 
from  causes 
tlie  ivshmd. 
he  driving; 
I  in  former 
orge  Ishmd 
oportion  to 
}H  was  per- 
f  prohibited 


'  the  Alaska 
L  in  a  hirgo 
88  manage- 
jvas  pursued 
ries  fell  off. 
d  from  some 
Commercial 
liey  handled 
een  ray  own 
»me  Into  my 
nt,  it  was  in 
ill  life  at  the 
tigic  s;^!aling. 
[y  iu  1885  as 
m  any  lack 
ction  of  aui- 


ral  days  in 
nee  then,  or 
me  to  think 
ookerics,  or 
lie  future  of 


)S8ible  when 
me  in  some 
seals  or  the 


minntion  in 
ly  resorting 
lace;  that  it 
hat  it  is  the 


PELAGIC    SEALING    THE    SOLE    CAUSE — OPINIONS.  305 

PELAGIC  SEALING  THE  SOLE  CAUSE. 

Opinions. — American  Commissioners. 

Pago  177  of  The  Case. 

Having  answered  the  first  of  the  two  queries  relating  to  conditions 
of  seal  life  at  the  present  time,  the  second  becomes 
important.    It  is:  Has  the  de(;rcase  in   numbers    Report  of  AviericanCom- 
been  conf'ucd  to  any  particular  class  of  seals,  ^^g^        '^  ■' 

or  is  it  most  notable  in  any  class  or  classes?     In 
answer  to  this  it  is  our  opinion  that  the  diminution  in  numbers  began 
and  continues  to  be  most  notable  in  female  seals. 

As  a  matter  of  fact,  there  is  sufficient  evidence  to  convince  us  that 
by  far  the  greater  part  of  the  seals  taken  at  sea 
are  females;  indeed,  we  have  yet  to  meet  with     Ijcport  of  American  Com- 

•  1  ..     ii  i.  rri         i.    i.  I.      e  mismoncrs, p.  367    of  Ike 

any  evidence  to  the  fjontrary.    The  statements  of   (^.^g^,       '^  •' 

those  who  have  had  occasion  to  examine  the  (iatch 

of  pelagic  sealers  might  be  quoted  to  almost  any  extent  to  the  effect 
that  at  least  80  per  cent  of  the  seals  thus  taken  are  females.  On  one 
occasion  we  examined  a  pile  of  skins  picked  out  at  random,  and  which 
we  have  every  reason  to  beli<'ve  was  a  part  of  a  i)elagic  catch,  and 
found  them  nearly  all  females.  When  the  sealers  themselves  are  not 
inriuenced  by  the  feeling  chat  they  are  testifying  against  their  own  in- 
terests they  give  similar  testimony.  The  master  of  the  sealing  scliooner 
J.  O.  Sivcm  declared  that  in  tlie  catch  if  1890,  when  he  secured  several 
hundred  seals,  the  proportion  of  females  to  males  was  about  four  to  one, 
and  on  one  o<!(;asion  in  a  lot  of  sixty  seals,  as  a  matter  of  cuiiosity  he 
counted  the  number  of  females  with  young,  finding  47. 


The  decrease  in  the  number  of  seals  is  the  re- 
sult of  the  evil  effects  of  pelagic  sealing 


'if- 


Ri])orf  of  American  Cnm- 
iiin»ioncrs,p.  371)  of  Tlw 
Case. 


Opinions. — Dr.  Allen. 

Page  177  of  The  Case. 

13.  From  the  foregoing  summary  it  is  evident  that  the  decline  in  the 
number  of  tilt'  killabh'.  seals  at  the  Pribilof  rook-  .  •,  ,  , 
cries  iiiid  the  immense  decrease  in  the  total  num-  /«,,  ^'410  r«r /." 
ber  of  seals  on  the  l^ribilof  Islands  are  not  due  t^)  '  •  ' 
any  change  in  the  management  of  the  seal  herd  at  the  islands,  but  to 
the  direct  an<l  uii(|ue-  ioiiably  deleterious  effects  of  pelagic  sealing. 
At  the  islands  the  killing  is  regulated  with  refcience  to  tiie  nuinl>er  of 
killable  seals  on  the  rookeries;  the  designated  (piota  is  limited  to  non- 
breeding  ytmng  males,  ami  every  seal  kilh'tl  is  utilized.  The  killing, 
as  thus  regulated,  does  not  impair  the  prfxinctiveaess  of  the  rookeiies. 
In  ])elagic  sealing  the  shuighter  is  indiscriwiinate  and  unlimited,  and 
a  large  proi)ortion  of  the  senls'killed  are  lost.  The  catch  also  (-onsists 
almost  wholly  of  breeding  females,  which  at  r,ne  time  of  ciii)ture  are 
either  heavy  with  young  or  have  young  on  th<'  rookeries  depending 
upon  them  for  susteininee.  Thus  two  or  more  seals  are  destroyed  to 
«'very  one  utilized,  and  neaily  all  arc  drawn  from  the  class  on  which 
the  very  existence  of  the  seal  herd  de])ends. 

20  u  s 


306 


CAUSE. 


f  IP 


'pi 


il 


Opinions — Experts. 

Page  177  of  TIk  Case. 

I  have  always  taken  a  great  interest  in  the  sealing  inrlnstry,  and  felt 
a  great  desire  to  have  them  protected  from  de- 
Geo.  11.  Adavi8,p.  158.struction,  tiiid  T  say,  without  hesitation,  that  the 
great  deei'ease  in  the  number  now  annually  arriv- 
ing at  the  seal  islands  is  due  entirely  to  the  killing  of  female  seals  by  pe- 
lagic hunters. 

From  my  general  knowledge  of  natural  history,  from  my  study  of 
the  habits  of  seals,  as  well  as  from  the  opportu- 
A.  B.Alexander,  p. ZviQ.  nities  I  have  had  to  acquaint  myself  witli  the 
sources  of  destruction  Avhich  are  at  work,  I  lirmly 
believe  that  pelagic  scaling  would  not  only  account  for  the  diminution 
of  the  seal  herd,  but  if  continued  the  seals  will  inevitably  be  commer- 
cially destroyed. 


Jaa.  Armstrong,  p.  2. 


I  believe  there  has  been  a  great  decrease  of  ?als 
on  the  islands  since  I  left  there,  and  this  is  no 
doubt  due  to  pelagic  hunting. 


My  peoi)le  wondered  why  this  was  so,  and  no  one  could  tell  why  imtll 
we  learned  that  hunters  in  schooners  were  shoot- 

Eerrick  Ariomanoff,  p.  ing  and  destroying  them  in  the  sea.  Then  we 
100.  knew  what  the  trouble  was,  for  we  knew  the  seals 

they  killed  and  destroyed  must  be  cows,  for  most 
all  the  males  remain  on  or  near  the  islands  until  they  go  away  in  the. 
fall  or  forepart  of  the  winter.  We  also  noticed  dead  pups  on  the  rook- 
eries, that  had  been  starved  to  death. 

If  they  had  not  killed  the  seals  in  the  sea  there  wimld  be  as  many  on 
the  rookeries  as  there  was  ten  years  ago.  There  was  not  more  than  one- 
fourth  as  many  seals  in  1S!)1  as  there  was  in  1S<S0.  We  understand  the 
danger  there  is  in  the  seals  being  all  killed  off  and  that  we  will  have  no 
way  of  earning  our  living.  There;  is  not  one  of  us  but  what  believes  if 
they  had  not  killed  them  off  by  shooting  them  in  the  water  there  would 
be  as  many  seals  on  the  island  now  a?  there  was  in  ISSO,  and  we  could 
go  on  tbrever  taking  1<K),()00  seals  on  the  two  islands;  but  if  they  get 
less  as  fast  as  they  have  in  the  last  live  or  six  years  there  will  be  none 
left  in  a  little  while. 

Upon  examining  the  Bering  Sea  catch  for  1891,  as  based  upon  the 
records  of  the  Victoria  custom-house,!  ascertained 
J.Stanley  Brown,  i>.  19.  that  nearly  ;iO,()00  seals  had  been  taken  by  the 
Uritish  tieet  alone  in  Bering  Sea  during  the  sum 
mer  of  181)1.    When  there  is  added  to  this  the  catch  of  the  American 
vessels,  the  dead  ]»ups  upon  the  rookeries,  and  allowances  nnide  foi 
those  that  are  killed  and  not  recovered,  we  have  a  catch  which  will  noi 
only  lunu'ly  reach  in  numbers  the  cuota  of  male  seals  allowed  to  1m 
taken  ui)on  the  islamls  in  years  goni;  by,  but  we  have  a  catch  in  tin 
seiairing  of  wiiiciidestiuction  has  fallen  most  heavily  upon  the])r()ducini; 
females.     This  is  b(»rne  out  by  n  further  fact.     The  young  bachehtr  seals 
(!an  lie  idly  on  the  hauling  grounds  and  through  the  iiecnliarities  ol 
their  physical  economy  Siistain  life  with  a  small  supi)ly  of  food,  but  tht. 


PET.AGIC    SEATJNQ   THE    SOLE    CAUSE — OPINIONS. 


307 


5try,  and  felt 
to(l  from  di'- 
Ion,  tliiit  the 
iiually  ai'iiv- 
B  seals  by  pe- 


my  study  of 
the  o])y)ortn- 
elf  with  the 
ork,  I  firmly 
e  diminution 
f  be  commer- 

rease  of  -^als 
id  this  is  no 


;ell  why  until 
s  were  shoot- 
a.  Then  we 
lew  the  seals 
)ws,  for  most 
away  in  th(^ 
>  on  the  rook- 

e  as  many  on 
ore  than  one- 
derstaml  the 
'  will  have  no 
at  believes  if 

tliere  would 
ind  we  could 
t  it  tliey  yet 

will  be  none 


;ed  upon  the 

1  aseertaiued 

taken  by  tlie 

•in<;'  the  sum 

le  Annaicaii 

es  made  foi 

liicli  will  iH'i 

llowed  to  1m 

eatch  ill  tin 

lie  ]»i()diit'iii- 

aclielor  seals 

ciiliaiities  of 

Ibod,  but  thi 


cows  must  ran<>'e  the  ocean  in  seareli  of  nourishment  that  they  may 
meet  the  deinaiids  mnde  npoii  them  by  their  younj;'.  That  seals  yo  a 
yreat  distance  fruin  tlu^  islands  1  know  iVoni  i)ersonal  observation,  for 
we  saw  tliein  tL'O  miles  to  the  northward  of  the  island  on  tlie  way  to 
Nunivak.  That  tlici  females  outniinihcr  the  males  ten  to  one  is  well 
known,  otherwise  the  liaulinj;'  j;inund  would  piest'ut  such  an  array  of 
killable  seal  that  there  would  be  no  necessity  for  the  (Jovernment  to 
suspend  the  aniiii;il  iniota.  It  inevitably  follows  that  the  females  are 
the  class  most  i)i'eyed  upon  in  l>(!rii)jn'  iSca.  2^o  class  of  animals  whieli 
brill};'  forth  but  a  siuj;le  olfspnng  annually  eiMi  long  sustain  itsel/' 
against  tin*  destruction  of  the  produeers. 

As  a  result  of  my  investigations  1  believe  that  the  destruction  of  fe- 
males wasc.arried  to  the  ])oiiit  in  about  1885  wlna'e  the  birth  ip.tc  could 
not  keep  u))  the  necessary  supjily  of  mothers,  and  that  the  ccpiilibrlum 
being  once  destroyed  ami  the  dniin  u])on  the  producing  class  increasing 
from  year  to  year  from  that  date,  the  i»ieseiit  depleted  condition  of  the 
rookeries  has  resulted  directly  tlieicfrom. 

When  we  first  noticjed  that  the  seals  on  the  rookeries  were  not  so 
many  as  they  used  to  be  we  did  not  know  what 
was  wrong,  but  by  and  by  we  tumid  that  ideiity      Kari)  liuterin,  p.iQX 
of  schooners  came  into  the  sea  and  shot  seals,  and 
we  often  I'ound  bullets  and  sliot  in  seals  wiien  we  were  skinning  them. 

And  then  we  found  plenty  (h^ad  pups  on  the  rookeries,  more  and  more 
every  year,  until  last  year  (bS!)l)  when  there  were  so  many  the  rook- 
eries were  covered  with  them,  and  when  the  doctor  (Akerly)  oiiened 
sume  of  them  there  was  no  milk  or  food  in  their  stomachs.  Then  we 
all  knew  the  cows  had  been  shot  when  they  went  into  the  sea  to  feed, 
and  the  jmps  died  because  they  had  nothing  to  eat.  Plenty  schooners 
came  lirst  aliout  eight  or  nine  years  ago,  and  more  and  more  every  year 
since;  aiid  the  seals  get  less  and  less  ever  since  schooners  came;  and 
my  people  kept  saying  "  no  cows,"  "  no  cows." 

First  the  cows  get  less,  and  tlieii  the  "bachelors"  get  less,  and  the 
company  agi^iit  he  sivys  ''  kill  smaller  seals,"  and  we  kill  some  whose 
skins  weigh  only  4i  pounds,  instead  of  7  pounds,  same  as  they  always 
got.  Then  we  could  not  get  enough  of  seals,  and  at  last  we  could 
hardly  get  enough  for  meat. 

Schooners  kill  cows,  pups  die,  and  seals  are  gone. 

The  cause  of  this  decrease  1  believe  to  be  due  to  the  proiuiseaous 
killing  of  the  seals  by  liiinters  in  the  open  sea  and 

tlie  disturbance  caused  by  their  presence  in  ^le-  Jus.  H.  Ihuglusn,  p.lVJ. 
slroyingilie  mother  seals  .iiid  scat  teringthe  herds. 

And  I  know  of  no  other  caus(^  tor  the  decrease  than  that  of  tlie  kill- 
ing of  the  cows  at  sea   by  the  pelagic  lumters, 

wliiell  1  believe  must  be  proliibitnl  if  tiie  Alaskan       <-■'•  L.  Fuuder,  p.^a. 
fur  seal  is  to  be  saved  trom  total  (h'stiuetion. 

In   my  oiiinion.   pelagic  sealing  is  the  cause  of   redriving  on    the 
islands,  the  de])h'lioii  ol'  the  rooUeiies,  and  prom- 
ises to  soon  make  tlu^  Alaska  fiu  seal  held  a  thing      <''""*•  •/•  ('oM\  v-  113. 
of  the  ]iast.     if  coiilinued  as  it    is  to  d.iy.  even  if 
killing  on  the  islamls  was  absolutely  forbidden,  the  herd  will  in  u  few 
years  be  exterminated. 


308 


CAUSE. 


Dining  my  visits  to  tlie  islands  of  St.  Paul  sind  St.  George  for  the 
last  twenty  years  1  have  carel'ully  noticed  that 
M.  A.  neaicy,p.  27.       thoso  islands  were  visited  by  great  herds  of  fur- 
seals  during  the  breeding  season,  and  that  al- 
though 100,000  male  seals  were  taken  annually  at  the  islands  by  the 
lessees  no  i)ereei>tible  diminution  in  their  numbers  was  i:oticeable  until 
within  the  x)ast  few  years,  when  the  killing  of  seals  in  t)ie  open  sea  on 
th<?  i)art  of  fishing  vessels  became  prevalent,  since  which  time  there 
has  been  a  very  perceptible  diminution  in  the  number  of  seals  seen  in 
the  water  of  the  Bering  Sea  and  hauling  grounds  on  the  islands.    This 
decrease  has  become  alarmingly  sudden  in  the  last  three  or  four  years, 
due  1  believe  to  the  ruthless  and  indiscriminate  methods  of  destruc 
tiou  employed  by  vessels  in  taking  female  seals  in  the  open  sea. 

I  n).ade  the  conditions  of  seal  life  a  careful  study  for  years,  and  I  am 
firndy  of  the  opinion  their  decrease  in  number 

W.  S.  nvteford, p.  36.  on  the  Pribilof  Islands  is  due  wholly  and  entirely 
to  lumting  and  killing  them  in  the  open  sea. 

When,  in  1880,  we  all  saw  the  decrease  of  seals  upon  the  hauling 

grouTuls  and  rookeries,  we  asked  each  other  what 

Aggei  Knshen,  p.  128.     was  the  cause  of  it,  but  when  we  learned  that 

white  men  were  shooting  seals  in  the  water  witii 

guns  we  knew  what  was  the  matter;  we  knew  that  if  they  killed  seals 

in  flie  water  tliat  tliey  nmst  be  nearly  all  feiiiah^s  that  were  going  out  lo 

feed,  for  the  males  stay  on  the  islands  until  tliey  get  ready  to  go  away 

in  the  fall  or  winter.    It  was  among  the  cows  we  first  noticed  the  dc 

crease,  and  as  we  never  kill  the  cows  on  the  islands  we  knew  they  musi 

be  killing  them  in  the  water. 


There  can  bo  no  question,  in  my  opinion,  about  the  ultimate  result 

to  the  rookeries  of  marine  sealing.     If  it  is  con 

Isaac  i.iebes,  p.  455.       tinned  as  it  has  been  for  the  last  two  or  three  years 

tiie  seals  will  be  vso  nearly  wiped  on'"  of  existence 

m  a  short  time  a.>  to  leave  nothing  to  quarrel  about;  and  an  article  ot 

comnieice  that  I-.as  afforded  a  vast  amount  of  comfort  and  satisfaction 

to  a  large  class  of  wearers  and  a  large  income  to  both  American  and 

JJritish  merchants  will  be  a  thing  of  the  past. 


Abial  r.  Loud,  p.  38. 


I  am  convinced  that  the  decrease  in  the  rook- 
eries was  caused  entirely  by  open  sea  sealing. 


That  there  were  no  de>:nirtive  agencies  at  work  upon  the  island  tli;i^ 
«(iiiidnothave!(tfftthero(dveriesinbetterconditii'  i 

U.  U.  Mclniyrv,  ,).  46.  IHitO  than  the,\  were  in  1870;  that  until  tlui  eU'ec  i  ^ 
ulthe  true  ai^eat  of  destruetit>n  began  tobeniiiiM 
fe-it  tliere  was  m\  exe*«s  of  male  life  oo  the  islands  sunu-Jont  to  pel  (ml 
of  an  annual  <-,ir<li  of  HHi.OOO  seals  fi»r  an  indefinite  period  without 
jeopardizing  tlie  lookeiies;  that  if  it  be  reniemU-nd  that  the  seals 
taken  in  the  water-  by  hunters  are  chtti^dy  fenuJes,  tiu*  their  young  dii' 
witii  them  and  tluiT  all  of  titose  kitle^t  iir»'  not  seeur»Ml,  and  if  tiuMi  ;i  i 
e\;iiii"  atioii  iie  made  ot' the  pela^;::!-  sikins  actually  sold  during  the  |)a-: 
I  \..ii      the  ;-;il  sour-  of  lite  depVt!4m  of  the  rookeries  will  ln' 

foi.  It  1.1  iii>  jiidgiiit  •       •■   !i  de[tletii»^    \^  as  caused  by  pelagic  seal 

in:;,    inn     liat  it  grew  g".!  idui  year  ro  year  ;i<  tlie  niMnbt'r  of  so 

c.i.  .-d  ].■'  iching  acko<»ar:rB  utci eased ;   and  tkitL  its  effects  began  In 


xeorge  for  tho 
f  noticed  tlmt 
[;  herds  of  fur- 
,  and  that  al 
isLmds  by  tlie 
Dticeable  until 
10  open  sea  on 
ch  time  there 
f  seals  seen  in 
ishinds.  This 
>  or  four  years, 
ds  of  destruc 
pen  sea. 

sars,  and  I  am 
ise  in  number 
y  and  entirely 
open  sea. 

a  the  haulini,' 
ich  other  what 
i  learned  that 
;he  water  witli 
oy  killed  seals 
•e  going  out  to 
dy  to  go  aAva.\ 
oticed  the  dc 
uew  they  must 


iltimate  result 
If  it  is  con 

or  three  years 
of  existenc'o 
an  article  ot 

id  satisfaction 

A.uierican  and 


0  in  the  rook- 
L'a  scaling. 

he  islaiMl  tlmr 
ttcrconditi'  i 
111  11  the  i'n<'(  1  ^ 
an  to  be  irian 
ent  to  pel  (ni 
iM'iod  withdiii 
that  the  seal- 
cir  y<mng  <\\<- 
d  it  tiu'ii  ii  1 
ii'ing  tlie  pa- 
ikci  ics  will  III' 
y  p«'lagi(!  si';il 
number  of  so 
;cts  began  W 


PELAGIC    SEALING   THE   SOLE    CAUSE — OPINIONS. 


309 


manifest  theiiiselvcs  about  188")  or  ISSfi;  that  the  do})]('tio!i  on  both 
hauling  and  breeding  grounds  is  accounted  tor  by  tlie  fact  that  the 
catch  of  said  pelagic  sealers  consists  of  at  least  85  ])er  cent  cows  ;  that 
said  cows  when  tak(Mi  in  the  Jforth  Pacific  are  in  tlie  majority  of  cases 
with  pups,  and  in  IJering  Sea  arcsocalled  milking  females;  tiiat  when- 
ever a  milking  (!ow  is  killed,  her  impontherookeriesdivs  of  starvation, 
in  support  of  this  fact  last  stated,  the  number  of  dead  pups  during  tiie 
last  four  years  I  was  upon  the  islands  increased  annually;  tliat  the 
ctfect  of  the  cmnparatively  few  raids  upon  the  rookeries  themselves, 
while  injurious,  bear  but  a  small  ratio  to  the  enormous  damage  done  by 
the  pelagic  hunting. 

That  those  in  charge  of  said  islands  did  not  when  said  decrease  oj» 
said  rookeries  commenced  know  conclusively  the  cause  thereof;  that 
n»y  opinion  then  that  it  was  caused  by  ju'lagic  sealing,  but  had  bi'en 
informed  and  believed  that  the  United  States  Government  intended  to 
sci/e  all  such  jioaching  \cssels  ;  that  relying  u])on  such  information  I 
authorized  tln^  taking  of  seals  as  before  ;  tliat  such  ]»rotection  of  seal 
life  was  not  fully  carried  out  in  liering  Sea  and  the  ^'orth  Tacific  by 
reason  of  England's  'nterference,  and  that  the  rookeries  were  thus  de- 
jileted. 

From  statements  made  by  such  personal  acquaintances  and  friends 
I  became  aware  of  a  rapid  decrease  in  seal  life 

ni  Alaska,  and  reports  of  pelagic  sealing,as  made  ^l-  "'•  McInUjre,i^.  138. 
public  through  tlie])ress,  combined  witli  previ(ms 

personal  knowledge  of  affairs  as  existing  prior  to  18S2,  leaves  no  ])0s- 
sible  doubt  as  to  the  cause  of  sucii  decrease  of  vseals.  Pelagic  sealing  as 
])ract";ced  prior  to  the  .\ear  1882  had  no  apparent  «'lfect  upon  seal  life, 
and  even  when  to  this  was  added  tlie  taking  of  a  definite  number  year 
alter  year  under  lease  from  the  United  States  (lovernment,  there  was 
still  a  constant  increase  of  seals  observed  ;  1  am,  therefore,  fully  con- 
tirmed  in  the  belief  that  the  decrease  in  their  numbers  is  due  soleiy  to 
the  indiscriminate  killing  at  sea  of  all  ages,  regardless  of  sex,  as  prac- 
ticed since  1881. 

He  further  stated  that  the  seals  had  rapidly  decreased  since  sealing 
vessels  had  aiipeared,  but  that  before  the  inroads 

of  these  seal  hunters  there  Avas  no  trouble  in  ob-    JohnMalotvanakii,2).  199. 
taining  the  lull  quota  of  the  best  grades  of  skins, 
as  the  herds  had  previous  to  that  time  been  noticeably  increasing. 

Q.  To  what  do  you  attribute  the  decrease  in  the  number  of  seals  on 
I  lie  rookeries? — A.  To  the  great  number  of  cows 
killed  by  j)oachers,  and  consequently  less  pups     Anton  Meluvech)ff,p.l3'j. 
lie  born  on  the  rookeries, 

(),.  How  do  you  know  that  cows  have  been  killed  by  poachers? — A.  I 
have  handled  and  seen  a  great  number  of  skins  ca])tured  by  the  revenue 
Mitters  from  the  poaching  vessels,  and  there  were  veiy  few  male  skins 
iiiiong  them;  also  have  seen  among  them  a  great  number  of  unborn 
I'lips.  Twice  ui»on  the  rookeries  1  have  seen  cows  killed  and  left  there 
I  '>  the  jioachers. 


1  know  of  no  other  explanation  than  t\ih.:  The  cow  are  shot  and 
l.illcd  when  they  go  into  the  sea  to  feed  and  the 
I'lips  die  ou  the  rookeries.     This,  [  think,  is  the 
Hue  solution  of  the  vexed  question,  "  What  has  become  of  the  seals?" 


Anton  M(h)re(lo(f',  /;.1i  t. 


m 


310 


CAUSE. 


Since  ISS,*?,  liowovo.r,  tliorc  is  said  to  liavc  occiincd  n  very  mntoriiil 

(limiiiutioii  of  tlic  seal  life  on  the  rriltilof  Islands, 

J.  M.  Morton,  p.  G'.).       due,  as  it  is  claimed,  to  a  lar.ue  and  indiseriiniiuite 

slaughter  of  these  animals  in  the  wateisof  Jieiinj;' 

Sea  and  the  Paei(i('  Ocean.   Tiie  cause  assigned  for  this  loss  is  nndoubt- 

cdly  the  true  one.     Jf  no  other  i»roof  weic  foithcominj;'  in  relation  to  it 

the  larife  display  of  dead  jmps  on  the  rookeries  wouhl  in  itself  furnish 

all  the  evid«Miee  re<|uired.     Such  diminution  could  not,  in  my  oi)inion. 

be  the  resiUt  of  tlie  ordinary  yearly  slaughter  for  skins.    Jt  is  shown 

that  an  ai»preeiable  eNi)ansion  of  the  rookeries  took  ]»laee  alter  twelve 

or  fourteen  years  of  such  slau/^hter,  and  I  think  this  fact  c(»nclusively 

demonstrates  that  the  nuudier  of  seals  which  the  law  ])ermitted   to  be 

killed  each  year  was  not  .yreater  than   the  known  conditions  of  the 

seal's  life  would  safely  warrant. 


From  the  cxperiencr 

Jo8.  Mnrrni/,  p.  71. 


i^ained  and  observations   made  durine:  three 
villinji    seasons,  from    the    iiilormation    {ileaned 


from  men  who  have  devoted  their  li>es  to  tlie 
practical  side  of  the  seal  (|uestion,  and  from  the 
books  and  reports  in  tlie  (iovevnment  ollices  on  the  islaiuls,  1  am  able 
to  say  that,  in  my  opinion,  there  is  only  one  ffreat  cause  of  the  decrease 
of  the  fur  seal,  and  that  is  the  killing-  of  the  females  by  pelagic  hunting. 


I  believe  this  decrease  is  owing  to  the  large  number  of  vessels  engaged 
in  hunting  tlu'  fur  seal  at  sea  and  the  indisciiin 

Arthur  Nmvmaii, 2).  211.  iuate  methods  em])loyed  by  these  sealing-  vessels 
in  taking-  skins. 


mm 

mm 


§m 


B'isi- 


m 


m 


I    ''■ 


The  practice  of  pelagic  seal  hunting  was  f  dlowed  by  the  northwest 
coast   Indians    from   their   earliest    history,  but 

GmiaveNiebaum,p.78.  amounted  to  so  little  as  to  be  inappreciable  on 
the  islands.  Even  after  white  hunters  engaged 
in  it  in  a  limited  way  our  losses  from  this  source  were  attributed  to  the 
marine  enemies  of  the  seals,  and  was  so  far  overcome  by  the  good  man- 
agement on  the  islands  as  to  permit  the  growth  of  tlie  herd  to  continue 
so  long  as  it  Avas  limited  to  a  few  vessels  and  confined  to  the  vicinity 
of  the  Oregon,  Washington,  and  Jhitish  Columbian  coasts.  But  even 
before  anv  considerable  slaughter  had  taken  place  in  the  waters  of 
Bering-  Sea,  as  early  as  18S2,  it  was  noticed  that  the  rookeries  had 
stopped  expanding,  though  they  were  tieated  in  every  way  as  the\ 
alw'ays  had  been.  An  examination  of  the  London  Catalogue  of  seal 
skin  sales  shows  that  the  "  Victoria  catch  "  already  aggregated  a  very 
considerable  number  of  skins  and  now  brings  home  the  conviction  that 
pelagic  sealing,  when  conhned  abuost  wholly  to  the  J*aciiic,  is  still  a 
very  dangerous  enemy  of  seal  life  on  the  islamls. 

After  1880  the  force  of  pelagic;  hunters  was  greatly  augmented,  and 
became  more  and  more  aggres.sive,  and  their  iield  of  operati(Uis  Avidely 
extended,  until  they  apjieared  in  alarming  numbers  in  Bering  Sea  in 
3884  and  1885.  In  1887  we  were  foiced  to  commence  taking  smaller 
skins  in  order  to  obtain  our  (piota  and  preserve  enough  breeding  bulls. 
In  1888  they  were  still  smaller,  while  in  188{)  more  than  half  of  them 
were  such  aa  Ave  would  not  have  killed  in  former  years,  and  we  calle<l 
the  attention  of  the  Treasury  De])artment  to  the  evident  diminution  of 
seal  life,  and  recommended  that  fewer  seals  be  killed  iu  future.    There 


Ill  b:ii; . 


PKLAGIC    SEALING    THE    SOLE    CAUSE Ol'INIOXS. 


311 


very  Tnatorinl 

l»il()t'  Isliiiids, 

Kliscriiniiiatc 

CIS  of  JJcviiij;' 

;s  is  uiidoubt- 

rcliition  to  it 

itself  fnniisli 

my  (>i)iiii()ii. 

It  is  sliowii 

after  twelve 

eoiieliisively 

iiiitted    (o  be 

litions  of  tlie 


dnrin.ii'  tlii-ee 
tion    f>]eiiiie(l 

lives  to  llie 
uid  fr(»iii  tlie 
(is,  1  iiiii  tihle 

tlie  (lecrciisc 
ij;ic  liunliiii;. 

iselsoiiji-njr<'<l 
lie  iudiserim 
a!iiii>-  vessels 


ho,  novtlnvest 
Iiistory,  but 
>l)reciablc  on 
tei's  eii^ii^icd 
ibuted  to  tlie 
le  fi'ood  iiiiiii- 
1  to  eoiitiime 
)  the  vicinity 
s.  But  even 
lie  waters  of 
)okeries  had 
way  as  tlic\ 
ogna  of  seal 
.uated  a  very 
luictioii  that 
ilic,  is  still  ii 

inentod,  and 
itions  widely 
leriny  Sea  in 
iin,H'  sinallof 
-'edin^-  bulls, 
ludf  of  them 
lul  we  called 
iniiuution  of 
bure.    There 


can  bo  no  question  as  to  the  cause  of  the  diudnution.  It  is  the  direct 
result  (»f  pelagic  sealin,!*',  an<l  the  same  destruction,  if  continued  a  tew 
years  longer,  will  entirely  (lissii»atc  any  conunercial  value  in  the  rook- 
eries, if  it  does  not,  indeed,  annihilate  them. 

In  my  opinion  the  solution  of  the  problem  is  plain.    It  is  the  shotgun 
and  the  rille  of  the  pelagic  hunter  which  are  so 
destructive  to  the  cow  seals  as  they  go  backwards      f^.  -' •  Xoycn,  p.  81. 
and  forwards  to  the  (ishing  banks  to  supply  the 
waste  caused  by  giving  nourishment  to  their  young. 

At  this  time  they  are  destroyed  by  thousands,  and  their  young  of 
but  a  few  Aveeks  old  must  necessarily  die  of  starvation,  for  nature  has 
provided  no  other  means  of  subsistence  for  them  at  this  time  of  life. 


Q.  How  do  you  account  for  it? — A.  By  the 
nund)ers,  i)rincipally  females,  that  are  killed  in 
the  waters  bv  marauders. 


./.  C,  Itctlpath,  p.  I'lO, 


I  saw  no  diminntion  of  seal  life  during  my  three  years  on  the  island. 
The  outlines  of  the  rookeries  rcnnaincd  Just  about 
the  same  from  year  to  year.  I  was  told  at  the  Leon  Sloes, p.  91. 
time  that  tluu'c  had  fornu'rly  been  a  large  in- 
crease, and  did  not  then  umhMstand  why  it  did  not  continiu^,  as  every 
(condition  seemed  favorable  for  it.  There  were,  apparently,  an  abun- 
dance of  bulls  lor  service;  every  cow  seemed  to  have  a  i»up  and  all  were 
luialthy  and  in  good  condition.  No  females  were  killed,  and  in  the 
natural  ord<'r  of  growth  there  ought  to  have  been  at  this  tune  a  con- 
stantly increasing  area  covered  with  bleeding  rookeries.  Yet  such 
was  not  the  case.  The  explanation  of  the  matter  camci  later  when  we 
fairly  awoke  to  the  fact  tliat  our  animals  were  being  slaughtered  by 
tens  of  tlnmsands  in  the  Is'^orth  racitic.  1  knew  in  a  connnercial  way 
from  our  sales  catalogue  that  a  very  large  number  of  "  Victoria  skins,'' 
as  they  were  called,  were  being  sent  to  market,  and  that  this  number 
grew  constantly  larger;  but  I  did  not  then  know,  as  I  now  do,  that 
each  skin  sold  repr(>sented  a  waste  of  two  or  three  and  perha|»s  even 
four  or  live  seals  to  obtain  it.  N^or  was  any  attention  givcMi  to  the  now 
well-known  fact  that  these  animals  were  a  part  of  our  h'ird,  as  wrong- 
fully stolen  from  us,  I  believe,  as  my  cattle  would  be  if  driven  in  and 
appropriated  from  the  highway  when  lawfully  feeding. 

Since  my  residence  on  the  Pribilof  Islands  I  have  kept  a  very  careful 
watch  of  tlie  progress  of  events  there,  and  have 
interviewed  a  great  many  connected  with  the  seal     ^V.  B.  Taylor,  p.  177. 
industry.     I  am  of  the  conviction  thatthere])orted 

decrease  in  seal  life  on  these  islands  can  be  attril)uted  to  no  other  cause 
save  pelagic  sealing.  While  I  was  located  at  St.  George  Island  in  1881 
])elagic  sealing  was  then  and  previous  to  that  time  had  been  of  very 
little  consequence,  having  very  slight  effect  ui)on  seal  life.  Not  more 
than  four  or  live  vessels  were  engaged  in  pelagic  sealing  in  18S1  in  the 
waters  of  Bering  Sea,  and  ]>rior  to  that  time  a  still  fewer  nundjer  were 
so  engaged.  But  since  1881  this  industry  has  grown  yearly  until  now 
about  a  liuiulied  vessels  are  destroying  the  seals  in  great  numbers,  and, 
as  I  am  informed  and  believe,  the  great  majority  of  thos«i  killed  are 
females.  Then,  too,  I'.iigii  numbers  are  killed  in  this  way  which  are 
never  recovered  nor  reported. 


312 


CAUSE. 


Scarcity  of  aejil  can  bo  attributed  to  no  other  cause  than  pclajjio 
hunting'  and  the  indiscrinniiiite  shootinj?  of  seals 

Jno.  C.  Tolman,p.  222.  iu  the  open  seu,  both  in  the  North  raciiic  and 
Bering  Sea. 

I  am  sure  the  decrease  is  caused  by  the  kilhnj^of  female  seals  in  the 

<»pen  sea,  and  tiiat  if  tlieir  destrucjtion  by  the  in- 

Chaa,T.Wagnm',p,2\2.  discriminate  killinji' ill  the  o])('n  sea  is  permitted 

to  continue  it  will  only  be  a  very  short  time  until 

the  herd  will  be  entirely  destroyed. 

And  I  have  no  doubt  that  it  is  caused  by  the  killing  of  female  seals 
M  L  Washburn  p  189    '"the  water,  and,  if  continued,  will  certainly  end 
in  theii' extermination. 

I  am  convinced  that  if  open-sea  sealing  had  never  been  indulged  in 
to  the  extent  it  has  since  1,S85  or  perhaps  a  year 

Dan'l  Wehnter,  p.  183.  oi"  two  earlier,  1()0,()(M)  male  skins  could  have  been 
taken  annually  forever  from  the  Pribilof  Islands 
without  decreasing  the  seal  herd  beh»w  its  normal  size  and  condition. 
The  cause  of  the  decrease  which  has  taken  place  can  be  accounted  for 
only  by  open-sea  sealing;  for,  until  that  means  of  destruction  to  seal 
life  grew  to  be  of  su(!h  proportions  as  to  alarm  those  interested  in  the 
seals,  the  seal  herd  increased,  and  since  that  time  the  decrease  of  the 
number  of  seals  has  been  proportionate  to  the  increase  in  the  number 
of  those  engaged  in  open-sea  sealing. 

From  1S84  to  1891  I  saw  their  numbers  decline,  under  the  same  care- 
ful management,  until  in  the  latter  year  there  was  not  more  than  one- 
fourth  of  their  numbers  coming  to  the  islands.  In  my  Judgment  there 
is  but  one  cause  for  that  decline  and  the  present  condition  of  the  rook- 
eries, and  that  is  the  shotgun  and  rille  of  the  pelagic  hunter,  and  it  is 
my  opinion  that  if  the  lessees  had  not  taken  a  seal  on  the  islands  for 
the  last  ten  years  we  would  still  find  the  breeding  grounds  in  about  the 
same  condition  as  they  are  today,  so  destructive  to  seal  life  are  the 
methods  adopted  by  these  hunters. 

Deponent,  by  reason  of  his  experience  in  the  business,  his  observa- 
tion, conversations  with  those  physically  engaged 
C.A.  WilUams, p.  538.     in  catching  and  curing  skins,  and  the  custody  of 
herds  on  the  islands,  feels  justifled  in  expressing 
the  opinion  that  the  numbers  of  the  seal  herds  have,  since  the  intro- 
duction of  the  open-sea  sealing  on  a  large  scale,  sufl'ered  serious  diminu- 
tion.   The  killing  of  large  numbers  of  females  heavy  with  young  can 
not,  in  deponent's  knowledge,  but  have  that  eliect. 

Futhermore,  I  made  careful  inquiry  of  the  i)eo])le  on  the  islands,  both 
native  and  white,  and  of  those  wlio  were  or  had 
W.H.  JVilliama, p. 93.     been  employed  as  masters  or  mates  on  sealing 
vessels,  and  others  interested  one  way  or  another 
in  the  capture  of  fur-seals  for  food  or  for  profit,  and  failed  to  lind  any 
of  them  but  who  admitted  that  the  number  of  seals  in  the  Bering  Sea 
was  nuuih  less  now  than  a  i'ew  years  since,  and  nearly  all  of  theai  gave 
it  as  their  opinion  tliat  the  decre:vse  in  number  was  due  to  pelagic  hunt- 
ing, or,  as  they  more  frequently  expressed  it,  the  killing  of  females  in 
the  water. 


PELAGIC   SEALirO   THE   SOLE   CAUSE — OPINIONS. 


313 


wn  polajjio 
\'^  of  seals 
.'acilic  and 


cals  in  tho 
by  tlio  iii- 
l>orniittt'(l 
time  until 


smale  seals 
taiuly  end 

udulged  in 
aps  a  year 

liave  been 
lot  Islands 

condition, 
ouuted  for 
ion  to  seal 
ited  in  the 
ease  of  the 
ie  number 


same  care- 
i  than  one- 
nent  tliere 
f  the  rook- 
and  it  is 
islands  for 
about  the 
fe  are  the 


s  obscrva- 
y  engaged 
custody  of 
xpressing 
the  intro- 
is  diminu- 
'^uuug  can 


inds,  both 
re  or  liad 
n  sealing 
)i  another 
liiid  any 
ei'ing  Sea 
hem  gave 
igie  liunt- 
emales  in 


:) 


I 


Oj) inions —  Tn dian  ITun ters. 

Page  179  of  Tho  Case. 

Fur-seals  were  formerly  much  more  ])lentifnl,  however,  but  of  latft 
years  aic  becoming  ccuistantly  scarcer.     This  is,  ,    n-  ,    i 

We  think,  owing  to  tiui  number  of  vessels  engaged      ■'""•  '"""'"''"i'  *='  '"•» 


in  hunting  them  at  sea 


22\). 


Fur-seals  were  formerly  observed  in  this  neighborhood  in  great  num- 
bers, but  of  late  yeai's  they  have  been  constantly 
diminishing,  owiiig  to  the  large  number  of  seal-      224     •'^"'^■''''"''      '    ' 
ing  vessels  engaged  in  killing  them. 


I  have  noticed  that  seal  have  decreased  very  rapidly  in  the  last  three 
years,  owing  to  too  many  s<',hooners  engaged  in 
sealing  along  the  coast  of  Alaska  ami  Bering  Sea. 


Adam  Ayonkee,  p.  2.55. 


The  seal  are  not  near  as  plentiful  as  they  used  to  be.    Tho  cause  of 
the  decrease  is,  I  think,  too  many  schooners  hunt- 
ing them  off  Prince  of  Wales  Island  ami  around     Maurice  Bates,  p.  217. 
Dixous  Entrance. 

Seal  are  not  as  plentiful  on  the  coast  as  they  used  to  be.    They  have 
been  decreasing  very  fast  the  last  few  years.     I 
think  this  is  caused  by  the  iudiscrimiuate  killing     Wilton  G.Bennett, p. ',i5G. 
in  the  water. 


Seal  are  getting  very  scarce.    I  think  the  cause 
of  the  scarcity  is  too  many  people  hunting  seal. 


Edward  Benson,  p.  277. 


Seals  were  very  plenty  in  tho  straits  and  around  the  cape  until  about 
six  years  ago,  when  the  white  hunters  came  in 
schooners  and  with  shotguns  and  (!ommenced  to     Bowa-chup,  p.  376. 
kill  them  all  off,  and  now  there  is  none  in  the 
straits,  and  we  can  not  get  but  one  or  two  where  we  used  to  got  eight 
or  ten.    They  are  very  sliy  and  wild  and  are  decreasing  very  rapidly. 

"White  hunters  came  in  here  about  five  or  six  years  ago  and  com- 
menced shooting  the  seals  with  guns,  since  whicli 
time  they  have  been  rapidly  decreasing,  and  are     Peter  Brown,  p.  378. 
becoming  very  wild.     When  we  hunt  seals  with 
spears  we  creep  upon  them  while  asleep  on  the  water  and  spear  them. 
A  few  years  ago  my  people  would  catch  from  eight  to  ten  thousand 
seals  each  year;  now  we  get  only  about  one  thousand  or  less.    *    *    * 

Seals  used  to  be  very  numerous  along  the  coast  about  Cape  Flattery, 
and  no  decrease  was  ever  noticed  in  their  numbers  until  soon  after  the 
white  hunters  came  around  here — about  seven  years  ago — and  com- 
menced shooting  them.  Since  that  time  they  have  decreased  fast  and 
have  become  very  shy. 

They  were  formerly  much  more  plentiful  than 
now,  which  is  owing,  we  believe,  to  the  number  of  229   "  ^'*"*''**  *'  "'•'  ^' 
vessels  engaged  in  killing  them  at  sea. 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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314 


CAUSE. 


Years  ago  seals  were  very  plentiful  from  5  to  10  miles  from  the  shore. 
I  could  see  tliem  all  around  in  bunches  of  from 
Charlie,  p.  304.  ten  to  twenty  each,  but  since  the  white  man  has 

commenced  to  kill  tliem  with  the  rifle  and  shot- 
gun (in  the  last  five  or  six  years)  they  have  decreased  very  ra;)idly. 

Fur-seals  have  decreased  very  rapidly  during  the  last  five  years,  and 
VasHH  Chichinoffet  ai.,  "^"^  Relieve  it  is  due  to  the  large  number  of  vessels 


p.  219. 


engaged  in  hunting  them  at  sea. 


Have  noticed  the  seal  are  decreasing  very  fast  the  last  four  years ; 
too  many  schooners  are  liunting  them  in  tlie  open 
S.  Chtn-koo-tin,  p.  257.    waters  of  the  Pacific  Ocean  and  Bering  Sea. 

The  last  five  years  fur-seal  have  been  growing  very  scarce,  and  it  is 
hard  to  get  any  now.    Tliere  are  too  many  white 

H'ilUam  Clark,  p.  293.  men  witli  schooners  hunting  them  off  Dixons  En- 
trance, and  unless  it  is  stopped  the  seal  will  soon 
be  all  gone. 

Seals  are  now  very  scarce  and  wild  along  the  coast.    I  believe  the 

cause  of  this  is  that  white  hunters  liave  been  hunt- 
CircuB  Jtm,  p.  381.  |„g  ^^^^^^  g^  ^^^^^,]^  ^^jj-j^  g^^^^ 

Seals  used  to  be  very  plentiful,  and  I  never  noticed  any  decrease  in 
their  number  until  white  hunters  commenced  com- 
Jas.  Ciaplanhoo,p.  382.  jng  here  and  killing  thorn  with  gun.s,  about  six  or 
seven  years  ago.    Sin(!e  tluit  they  have  decreased 
very  r.apidly  and  have  ^'ot  very  shy.    Our  tribe  used  to  have  no  diffi- 
culty in  catching  8,000  to  10,000  seals,  and  now  we  can  not  get  a  thou- 
sand. 

I  have  been  out  sealing  on  the  coast  this  spring  in  a  schooner  tVat 

carried  ten  canoes,  with  two  hunters  to  each  car    j. 

Jeff.  Dnvin,  p.  384.         Wo  were  out  three  days  and  cauglit  5  seals.    If 

we  had  been  out  that  long  six  or  eight  years  ago 

with  the  same  crew,  we  would  have  taken  between  60  and  100  seals. 

Seals  are  wild  and  shy  now,  and  have  become  very  scarce.    I  think 

the  reason  for  this  is  that  they  have  been  hunted  so  much  by  white 

hunters  who  use  firearms. 

Some  years  ago  the  fur-seal  were  plenty  off  the  islands,  but  since  the 
schooners  have  hunted  them  they  are  nearly  all 

Eahon,  p.  280.  gone  and  it  is  hard  for  the  Indians  of  this  village 

to  get  any. 

Seals  are  not  so  plentiful  now  as  they  were  a  few  years  ago.    They 
began  to  decrease  about  five  or  six  years  ago.    A 
Ellahush,  p.  385.  good  many  years  ago  I  used  to  capture  seals  in 

the  Straits  of  San  Juan  de  Fuca,  but  of  late  years, 
since  so  many  schooners  and  white  menliave  come  around  here  shoot- 
ing Avith  guns,  that  only  a  few  come  in  here  and  we  do  not  hunt  in  the 
straits  any  more.  I  used  to  catcli  forty  or  fifty  seals  in  one  day,  and 
now  if  I  get  six  or  seven  I  would  have  great  luck.  I  have  to  go  a  long 
distance  to  get  seals  now.    Seals  are  wild  and  afraid  of  an  Indian. 


PELAGIC   SEALING   THE   SOLE   CAUSE — nriNIONS. 


315 


They  have  hocoino  so  since  the  white  man  and  the  trach^r  began  toHhoot 
them  witli  sliotguns  and  rifles.  In  a  short  time  there  will  be  uo  seals 
left  for  the  Indian  to  kill  with  the  spear. 

Fur-seals  were  formerly  much  more  numerous  than  of  late  years, 
and  are  each  year  beeoinin};  constanMy  scarcer. 
I  believe  this  decrease  is  «lue  to  tlie  numl)er  of      ruHHili  Fcodor,  p.  230. 
vessels  whi<;h  are  engaged  in  hunting  them  at  sea. 

And  when  I  was  a  young  man  there  were  lots  of  seals  around  (^ueeu 
Charlotte  Islands,  but  now   they   have  become 
scarce.    The  last  few  tinies  I  was  out  after  tliem      Frank,  p.  293. 
I  did  not  see  a  seal.    Tiu^y  have  been  growing 
scarcer  every  year  since  tlie  wliite  man  began  hunting  them  in  schoon- 
ers. 

Fur-seal  are  not  as  plenty  as  they  used  to  be,  and  it  is  hard  for  the 
Indians  to  catch  any.    1  think  there  are  too  many 
white  men  in  schooners  hunting  seals  around  Dix-      Chief  Frank,  p.  2S0. 
ons  Entrance. 


Since  the  white  men  have  been  hunting  the  seal 
with  schooners  they  have  become  very  scar<;e,  and 
it  is  hard  for  the  Indians  to  get  any  in  their  canoes. 


Lule  Frank, p.  294. 


Seal  have  decreased  on  the  coast  very  fast  the  last  four  years.    The 
reason  of  the  decrease  is  too  much  hunting  and       „    ,  ^ 
indiscriminate  killing.  ^'""'  ^"^'i''  P-  ="''• 

The  seal  are  becoming  very  scarce,  caused,  I     chaa.  Gibson,  }>-  281. 
think,  by  the  white  men  hunting  them  too  much. 

Seal  are  becoming  very  scarce  this  last  three  or  four  yesirs  and  Indian 
hunters  can  hardly  kill  them  now.    Too  many 
schooners  are  hunting  seal,  and  Indian  hunters      Gonastut,  p.  238. 
have  to  go  a  long  way  in  their  canoes  in  order  to 
get  any,  and  they  seldom  kill  one. 

Have  noticed  that  seals  are  decreasing  the  last  four  years,  caused, 
I  think,  by  too  many  white  men  hunting  seal  in      Jas.  Gondowen,p.  259. 
the  waters  of  the  Pacific  Ocean  and  Bering  Sea. 

Fur-seals  have  decreased  in  numbers  of  late  years,  and  we  believe 
it  is  due  principally  to  the  large  number  of  vessels  Nicoli  Uregoroff  ct  ai., 
hunting  them  at  sea.  P-  234. 

The  seal  are  not  nearly  as  plentiful  as  they  once     Henry  Uaidane,  p.  287. 
were,  and  1  think  they  are  hunted  too  much  by 
schooners. 


Seals  r;re  not  as  plentilul  now  as  they  were  before  white  men  com- 
menced hunting  them  with  guns  around  here  some 
six  or  seven  years  ago.    They  are  more  shy  now     Alfvrd  Irving, p.  387. 
and  it  is  much  more  difiRcult  for  the  hunters  to 
creep  up  and  spear  them  than  it  was  a  few  years  ago. 


316 


CAUSE. 


Years  ago  we  couM  see  seals  all  over  the  water.  They  are  not  so 
plentiful  now.    They  have  been  growing  less  and 

lthka,p.  388.  less  ever  since  the  white  man  came  in  and  began 

to  hunt  them  with  guns,  about  six  or  seven  years 
ago,  and  so  many  vessels  went  into  the  business. 

My  idea  is  that  there  are  too  many  camp-fires  around  on  the  coast  of 
Alaska  that  s(;ares  the  seal  out  to  sea.    The  seal 

Jack  Johiuon, p.  ^2.  smcU  the  smoke  and  won't  come  near  the  land; 
and  there  are  a  large  number  of  people  shooting 
seal,  which  scares  them  away  also. 

Johnnie  Johnton,  p.  283.  There  are  too  many  schooners  hunting  seal  off 
Prince  of  Wales  Island,  and  it  is  hard  for  In- 
dians to  get  any  in  canoes. 

r.  Kahiktday,  p.  261.        Have  noticed  that  seal  are  decreasing  very  fast 

the  last  few  years  along  the  coast,  caused,  I  think, 

by  pelagic  hunting.    •    •    * 

Think  the  .-^ais  are  most  all  killed  by  the  pelagic  seal  hunters  in  the 

waters  of  the  North  Pacific  Ocean,  so  far  from  the  land  that  the  Inilian 

hunters  have  no  chance  to  get  any  in  canoes,  as  he  only  goes  a  short 

distance  from  the  shore. 


Saml.  Kahooroffp.  214. 


riiilxp  Kaslievaroff,  p. 
2G2. 


Do  not  know  why  the  numbers  of  the  fur  seals 
seen  about  hese  islands  are  now  less  than  in  for- 
mer years. 

I  think  the  seal  are  about  as  plentiful  along  this 
coast,  but  much  more  scarce  farther  west.  The 
cause  of  this  scarcity  is  too  much  pelagic  hunting. 


When  I  was  a  young  man  the  seal  were  very  plentiful  around  here, 
but  since  the  schooners  began  hunting  them  tliey 
King  Eaaktva,  p.  295.      have  become  very  scarce.    The  white  hunter  de- 
stroyed the  sea-otter  and  will  soon  destroy  the 
seal.    I  don't  like  to  see  the  schooners  around  here  hunting  seal,  for 
they  kill  everything  they  see,  and  unless  they  are  stopped  the  seal  will 
soon  be  all  gone.    The  sea  otter  is  already  gone. 

Seals  have  been  growing  scarce  the  last  five  years,  since  the  white 
man  began  hunting  them  with  schooners,  and  if 

Jim  EoBooh,  p.  296.  they  are  not  stopped  the  seal  will  soon  be  all 
gone. 

s 

Seal  have  decreased  very  rapidily  along  this  coast  in  the  last  three 
or  four  years.    The  decrease  is  caused,  I  think,  by 

Mike  Keihtt8d»olc,p.262.  schooners  using  shotguns  and  rifles  and  killing 
mostly  female  seals. 


Einkooga,  p.  2iO. 


The  reason  of  the  scarcity  is,  I  think,  that  there 
are  too  many  white  hunters  sealing  in  the  open 
waters. 


Seal  are  becoming  very  scarce  on  the  coast.    The  reason  they  are 

B-f         I.     <u>o       becoming  so  scarce  is  that  hunters  shoot  them 
0.  JCfaiuMWO*, j».  263.       ^itij  g^jjg  ^mi  j^iii  ^j^a  ^jjj  p^p^ 


PELAGIC   SEALING   THE   SOLE   CAUSE — OPINIONS. 


317 


Seal  used  to  be  plentiful,  but  now  they  are  nearly  all  gone.    They 
are  too  much  hunted  by  the  white  men  with      ,     „.      . 
schooners.  Ja,.Kloraek,t,  p.  283. 


Seal  have  become  very  scarce  the  last  three  years,  and  what  few 
there  are  are  very  wild  and  hard  to  get  at.    I 
think  the  reason  that  seal  have  become  scarce  is     Robert  Kooko,p.296. 
that  they  are  hunted  too  much  and  too  many 
females  killed  with  pup. 

Have  noticed  that  seal  are  decreasing  very  fast  the  last  few  years.    I 
think  the  cause  of  the  decrease  is  that  there  are 
too  many  schooners  hunting  seal  in  Bering  Sea     Jno.Kowineet,p.2U. 
and  along  the  North  Pacific  coast. 

Seal  are  not  nearly  as  plentiful  as  in  former  years;  have  noticed  the 
decrease  in  the  last  three  or  four  years.    Think 
the  cause  of  the  decrease  is  the  great  number  of     Geo.  Lacheek,  p.  265. 
schooners  sealing  in  the  North  Pacific  Ocean  and 
Bering  Sea. 

Seals  are  not  nearly  so  plentiful  now  as  they  used  to  bo.    About 
seven  years  ago  white  men  commenced  to  hunt 
seals  in  this  vicinity  with  guns,  since  which  time     jaa.  Li(jhthome,p.  389. 
they  have  been  decreasing  in  numbers  and  have 
become  wild  and  hard  to  catch.    •    •    • 

Seals  are  not  so  plentiful  and  are  more  shy  than  they  used  to  be,  and 
are  more  difficult  to  catch,  because  they  htive  been  hunted  so  much  for 
the  last  five  or  six  years  with  guns. 

White  hunters,  in  numbers,  commenced  to  hunt  them  around  Cape 
Flattery,  with  guns,  about  six  years  ago,  and 
since  that  that  time  the  seals  have  decreased  very     Thoa.  Lowe,  p.  371. 
rapidly. 

Since  the  white  man  with  schooners  has  been  hunting  seal  they  have 
been  growing  scarcer  every  year,  and  unless  they 
are  stopped  the  seal  will  soon  be  all  gone.    The     cha».  Martin,  p.  297. 
Indians  now  have  to  go  a  long  way  and  suller 
great  hardships  in  order  to  get  any. 

After  careful  inquiry  among  our  oldest  people  and  weighing  my  own 
experience  and  observations,  I  believe  the  de- 
crease of  the  Alaskan  fur-seal  is  duo  altogether  to     s.  Melovidoo,  p.  117. 
pelagic  hunting. 

Since  the  schooners  have  commenced  to  hunt  seal  they  are  becoming 
verv  scarce  and  the  Indians  have  to  go  a  long  ways 
to  get  the  few  that  they  do.  '*^«"*<'«'  ^""'•'''  P-  '^^• 

Years  ago  seals  were  much  more  plentiful  than  they  are  now,  and  I 
could  see  them  all  around  in  bunches  on  the  water, 
but  since  the  white  man  came  here  and  com-     Moaet,  p.  309. 
nienced  to  kill  them  with  the  riile  and  the  shot- 
gun, within  the  last  Ave  or  six  years,  they  have  rapidly  decreased  iu 
nombei'f 


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318 


CAUSE. 


I^i 


lit  ■ 


When  I  was  a  young  man  seal  were  very  plentiful  oflF  Prince  of  Wales 
iHlaud    and    Dixuns    Entrance,    but    Hince   the 
Nathtou,  p.  298.  scliooners  have  bej^un  liuntinjf  seal  they  havt^  be- 

come very  scarce,  and  Indians  now  are  obliged  to 
go  a  long  ways  to  kill  any,  and  sometimes  they  will  hunt  for  days  with- 
out getting  a  seal. 

Since  the  white  men  with  schooners  began  to  hunt  seal,  the  last  five 
or  six  years,  seals  have  become  very  scarce,  and 
Smith  Natch,  p.  298.       it  is  hard  for  the  Indians  to  get  any  now.    They 
have  to  go  a  long  w  ay  and  hunt  a  long  time  in  or- 
der to  get  one  or  two  seals. 

The  last  four  or  five  years  seal  have  been  growing  scarcer  every  year, 
owing,  I  think,  t«  too  many  white  men  hunting  seals 

Dan  Nathlan,  p.  286.  in  schooners  oH'  Queeu  Charlotte  Islands  and  in 
Dixons. 

I  think  the  reason  of  the  seal  becoming  so  scarce  is  that  there 
are  too  many  white  men    hunting  seal  in  the 

Nechantake, p.  2ii.  Bering  Sea  and  the  Pacific  Ocean  and  it  should 
be  stopped. 

Seal  are  not  near  as  plenty  as  they  used  to  be;  too  many  liuntorsare 
Jaa.  Ni'iMcaitk, p.2'61.  catching  them  and  indiscriminately  killing  them. 

When  I  was  a  young  man  seals  were  much  more  plentiful  than  tliey 

are  now.    The  last  three  years,  sint^e  tlie  schoon- 

Ntkla-ah,p.2'&'8,  ers  began  hunting  seals,  they  have  become  very 

scarce.    It  is  hard  for  the  Indians  to  get  any  now, 

and  this  year  they  have  killed  but  two. 

The  Indian  fur-seal  hunters  of  my  people  all  tell  me  that  the  fur-seal 

are  beiioniing  very  scarce.    Too  many  white  men 

Peter  Oi«e«,/>.288.         are  killing  tlieni  all  the  time,  and  they  kill  cows 

with  pup  as  well  as  other  kinds.    I  am  the  chief 

of  my  people,  and  they  all  tell  me  what  they  know. 

Seal  are  getting  very  scarce  along  the  coast, 
Rondtm,  p.  2\2.  Caused  by  the  indiscriminate  slaughter  of  seals 

in  the  open  waters. 

Have  noticed  the  seal  are  getting  scarce  the  last  few  years.    The 
c,ause  of  the  scarcity  is,  I  think,  too  many  s(!hoon- 
.466/  Ryan, p.  29'j.  ^^^  hunting  them  oil  Prince  of  Wales  Island. 


Since  the  schooners  have  hunted  seal  off  the  Prince  of  Wales  Island  the 

seals  have  be(!ome  s(!arce,  and  it  is  hard  for  the 

Jack  Shnoky, p. 289.       Indians  to  get  tany  in  canoes.    In  former  times 

they  used  to  get  plenty. 

The  disappearance  of  the  fur-seal  is  due  to  the  killing  by  pelagic  seal- 
hunters,  Avho  appear  in  large  numbers  oft*  this 
Alexander  Shyha,p.  22&.  part  of  the  coast,  and  the  scarcity  of  the  fur-seals 
is  in  proportion  to  the  number  of  vessels  engaged 
ia  seal-hunting. 


PELAGIC   SEALING   THE   SOLE    CAUSE OPINIONS. 


319 


Seal  have  become  very  scarce  the  last  few  years. 
Too  many  white  men  are  engaged  in  killing  seal. 

Have  noticed  a  large  decrease  in  seal  the  last 
three  years,  caused,  1  think,  by  pelagic  sealing  in 
Bering  Sea  and  the  North  Paciflc  Ocean. 


Af(ir(iM  Sintjay,  p.'2Q8. 


Jack  Sitka,  p.  269. 


Since  the  white  man  has  been  hunting  seal  with  schooners  they  have 
become  very  scarce,  and  Indians  are  obliged  to 
go  a  long  way  and  stop  away  from  home  a  long     Thomas  «A-o«7,  j>. 300. 
time  in  order  to  get  any,  and  after  being  away 
there  four  or  five  days  they  frequently  return  without  killing  one  seal, 
they  have  become  so  scarce. 

There  are  no  seal  left  now;  they  are  most  all  killed  off.    The  J-st 
ten  years  the  seal  have  been  decreasing  very  fast, 
ever  since  the  white  men  with  schooners  began  to      Geo.  Skultka,  p.290. 
hunt  them. 

Seal  have  been  growing  scarce  along  the  coast  the  last  four  years. 
Think  there  are  too  many  schooners  engaged  in      .,  ^,  „  ,  , 
sealing  in  the  North  Pacific  Ocean  and  Bering  ^^^f-Tldkahduynahkee.p. 

Sea. 


Have  noticed  a  large  decrease  the  last  four  years 
seal  hunting  in  Bering  Sea  is  the  cause  the  seal      _. 
becoming  scarce  along  the  coast.  270.  "'^  ** 


I  think  that  pelagic 
Tlaksatan,  p. 


Have  heard  all  the  Indians  of  dift'erent  tribes  say  that  seal  are  be- 
coming very  scarcic  in  the  last  three  or  four  years. 
They  also  say  that  unless  the  schooners  are  stopped      Twongkwak,  p.  246. 
from  sealing  in  Bering  Sea  and  the  North  Pacific 
Ocean  the  seal  will  all  be  gone,  and  none  will  be  left  for  the  Indians  or 
anyone  else.    The  seal  have  become  so  scai'co  of  late  years  that  I  don't 
know  much  about  them. 

During  the  last  five  or  six  years  seals  have  decreased  in  numbers 
very  rapidly.    A  great  many  of  the  white  men 
are  poor  hunters,  and  lose  a  great  many  of  the     John  Tysum,  p.  394. 
seals  that  they  shoot.    They  shoot,  and  shoot,  and 
shoot,  and  don't  get  any  seals,  and  that  makes  them  wild,  so  that  an 
Indian  can't  get  near  them  with  a  spear. 

Have  noticed  the  seal  have  been  decreasing  along  the  coast  the  last 
four  years.    Think  the  cause  of  the  decrease  is 
that  there  are  too  many  schooners  engaged  in     Jaa.  Unatajim,  p.  272. 
pelagic  sealing  in  Bering  Sea. 

Last  year  was  a  very  bad  season.    The  Indians  think  scarcity  of 
seals  is  due  to  the  method  of  hunting  them  adopted 
by  the  whites,  by  which  the  seals  are  scared      Francis  Fcrbeke, p.3ii. 
away. 

Have  noticed  the  seal  are  decreasing  very  fast,  particularly  tlie 
last  four  years,  caused  by  the  indiscriminate  kill- 
ing of  seal  in  the  waters  of  the  North  Pacific     Charlie  Wank,  p.  213. 
Ocean  and  Bering  Sea. 


1- 


320 


Walkin$,  p.  395. 


CAUSE. 

So  many  schooners  and  white  men  are  hnntinj? 
them  witli  guns  all  along  the  coast  that  they  are 
getting  all  killed  off. 


Formerly  the  Indians  hunted  them  for  food,  but  nowadays  white  men 
and  Indians  huntthom  for  their  fur,  and  tliey  are 
rapidly  diminishing  in  number. 


Weckenuneach,  p.  311. 


Seal  were  always  plenty  in  the  Strait  of  San  Juan  de  Fuca  and  along 

the  coast  until  the  wliite  hunter  came  here  and 

Charley  iFhite,  p.  396.    commen(;ed  shooting  them  some  six  or  eight  years 

ago.    Since  that  time  they  have  decreased  very 

rapidly. 

miiy  Wiiliame,  p.  301.  Seal  are  becoming  very  scarce  since  the  white 
men  began  hunting  them  in  schooners. 

Fred.  Wilson,p.  301.  Seals  have  become  scarce  the  last  three  or  four 

years,  and  the  cause  of  it  is,  I  think,  the  indis- 
criminate killing  of  seals  in  the  water. 

Seals  are  not  near  so  plentiful  as  they  were  seven  or  eight  years  ago. 
I  think  the  cause  of  this  is  that  they  have  been 

fFispoo,p.397.  hunted  so  much  by  white  hunters,  who  use  shot- 

guns and  rifles. 

Have  noticed  the  seal  are  decreasing  very  fast,  owing  to  so  many 
Michael  iv^oovkort,  p.   schooners  hunting  seals  in  the  waters  of  the  North 
275.  Pacific  Ocean  and  Bering  Sea. 

The  seal,  like  the  sea  otter,  are  becoming  very  scarce.    I  think  if  the 

schooners  were  prohibited  from  taking  seal  in 

¥ahkah,p.2i6.  Bering  Sea  and  along  the  coast  of  Alaska,  the 

seal  would  become  plentiful  and  the  Indians  could 

kill  them  once  more  in  canoes. 

Since  the  white  men  with  schooners  began  to  hunt  seal  off  Prince  of 

Wales  Island  the  seal  have  become  very  scarce 

Haatinga   Yethnow,  p.  jj^,,^  unless  they  are  stoppe<l  from  hunting  seal 

they  will  soon  be  all  gone.     If  the  white  men  are 

permitted  to  hunt  seal  much  longer  the  fur-seal  will  become  as  scarce 

as  tlie  sea-otter,  which  were  quite  plenty  around  Dixons  Entrance 

when  I  was  a  boy.    Tlie  Indians  are  obliged  to  go  a  long  way  for  seal 

now  and  often  return  after  two  or  three  days'  hunt  without  taking  any. 

Seal  have  been  disappearing  very  rapidly  the  last  few  years,  and  it 
is  hard  for  our  people  to  get  them.    There  are 

Paul  Young, p.  292.  too  many  white  men  hunting  them  with  schoon- 
ers off  Prince  of  Wales  Island. 


Walter  Young,  p.  303. 


Since  the  white  man  began  to  hunt  seal  they 
are  becoming  very  scarce. 


PELAGIC    SEALIXO   THE    SOLE    CAUSE — OI'INIONS. 


321 


hnntiiif; 
they  are 


hite  men 
tliey  ure 


nd  alonj; 
lere  and 
fht  years 
,sed  very 


ihe  white 


se  or  four 
he  iudis- 


ears  ago. 
lave  been 
use  shot- 


so  many 
he  North 


ink  if  the 
r  seal  in 
aska,  the 
Etns  could 


Prince  of 
?y  scarce 
ting  seal 
i  men  are 
as  scarce 
Entrance 
Y  for  seal 
cing  any. 

cs,  and  it 
here  are 
1  schoon- 


jeal  they 


Within  the  last  five  or  six  years  seals  have  decn'ased  in  nnniber  very 
fast  and  are  bocoiiiing  vi'ry  shy,  and  it  isdillicnit 
to  creep  npon  them  and  hit  them  with  tiie  spi'ar.      ffi'h  F«»a, p.  3!)8. 
Years  ago,  the  heads  of  seals  along  the  coast 
would  stick  n|>  out  of  the  wr.ter  almost  as  thick  as  the  stars  in  the 
heavens,  but  since  the  white  mnu,  with  so  many  schooners,  have  come 
and  began  to  shoot  aud  kill  thcut  with  the  guns  they  have  become  very 
scarce. 

If  so  many  white  hunters  keep  hunting  the  seal      Thoa.  Zolnoks,p.  399. 
with  shotguns  as  they  do  now,  it  will  be  but  a 
short  time  before  they  will  all  be  gone. 

Opiniont. —  White  scalers. 
Page  181  of  The  Ciiso. 

I  have  noticed  a  perceptible  and  gradual  decrease  in  seal  life  for  the 
past  few  years  and  attribute  it  to  the  large  num-  And,eu,Ander8on,p.2n. 
ber  of  vessels  engaged  in  hunting  them  at  sea. 

In  the  sea  seals  are  much  more  timid  and  make  off  as  fast  as  possi- 
ble at  the  approach  of  a  vessel,  while  formerly  they 
were  usually  quite  curious,  and  would  sport  and    C.  n.  Anderson,  p.  206. 
play  about  the  vessel  when  come  up  with.    I  believe 
this  decrease  aiul  timidity  is  due  to  the  indiscriminate  slaughter  of  the 
seals  by  pelagic  sealers. 


Q.  To  what  do  you  attribute  tliat  decrease? — 
A.  I  attribute  the  decrease  to  the  indiscriminate 
slaughter  of  the  seals. 


Geo.  nail,  p.  iS3. 


I  believe  that  the  decrease  in  fur-seal  life,  which  has  been  constant 
of  late  years,  is  due  principalliy  to  the  number  of    j  ^  uradiey  p  227 
vessels  engaged  in  hunting  them  at  sea.  "    *  y>P-  " - 

Seven  or  eight  years  ago,  when  seals  were  hunted  almost  wholly  by 
Indians  with  spears,  a  vessel  hunting  in  the  vicin- 
ity of  Cape  Flattery  was  sure  of  getting  several  William  Drennan, p.  ^eo. 
hundred  skins  in  about  three  months,  from  March 
to  the  end  of  May,  but  at  the  present  time  a  vessel  is  doing  well  if  she 
gets  a  much  smaller  number,  because  the  skins  bring  much  higher  prices. 
The  records  of  "  catches"  in  the  last  three  or  four  years  will  confirm  any 
person  who  examines  them  in  the  belief  that  the  seals  are  dccieasing 
in  the  Pacificj  Ocean  on  the  American  side.  I  have  no  reason  to  d«mbt 
that  it  is  the  same  on  the  Russian  side.  At  present  they  are  hunted 
vigorously,  and  with  better  methods  than  formerly.  The  hunters  have 
had  more  experience  and  understand  their  habits  better,  but  notwith- 
standing this  the  catches  are  decreasing  off  the  coast. 

Seals  were  not  nearly  as  numerous  in  1887  as  they  were  in  1877,  and 
it  is  my  belief  that  the  deinease  in  numbers  is  due 
to  the  hunting  and  killing  of  female  seals  in  the   •/«»•  L.  Carthcut.p.  409. 
water. 

21  B  s 


322 


CAUSE. 


i; 


i 


it* 


Have  noticed  that  seal  are  becoming  very  scarce  on  the  coast  the  last 
few  years.    The  cause  of  the  scarcity  of  the  seal, 
Peter  Church,  p.  257.      I  think,  is  tluit  too  many  schooners  in  the  North 
Pacific  Ocean  and  Bering  Sea,  and  the  indis- 
criminate killing  of  females  with  pup  in  the  water. 

Q.  Has  there  been  any  decrease  in  the  quantity  of  seals  as  com- 
pared to  the  previous  years t — A.  I  think  there 
Dan'l  Clau$>«n,  p.  412.    has. 

Q.  Iftherei8adecrea.se,  to  what  do  you  attribute  itt — A.  To  the 
killing  and  hunting  of  tliem  by  seal  hunters. 

I  think  the  indiscriminate  killing  of  seals  in  Be- 
Jno,  C.  Clement,  p.  258.  ring  Sea  is  the  cause  of  their  scarcity  along  the 
coast. 

There  were  not  nearly  as  many  seals  to  be  found  in  1889  as  there 
were  in  1888.     I  think  the  decrease  is  caused  by 

Peter  Collins,  p.  413.  the  great  dev'^truction  of  females  killed  in  the  sea 
by  the  hunters. 


Leander  Cox,  p.  417. 

the  sea. 


I  attribute  this  decrease  [of  the  seal  herd]  to  the 
terrible  slaughter  of  female  seals  now  going  on  in 


There  can  be  but  one  cause  for  the  scarcity  of  seal,  and  that  is  the 
indiscriminate  killing  of  them  in  the  water,  and 
Wm.  Duncan,  p.  279.      unless  that  is  stopped  the  seal  must  soon  be  ex- 
terminated.   The  sea-otter,  which  were  plentiful 
on  this  coast  at  one  time,  are  now  scarcely  seen  at  all,  and  the  indis- 
criniimite  slaughter  of  them  in  the  water  has  almost  entirely  extermi- 
nated the  animal.    Some  few  remain  in  the  far  north,  but  they  aie  very 
hard  to  secure. 

Until  hunting  and  killing  was  commenced  by  hunters  in  the  open 
sea  I  observed  no  appreciable  decrease  in  the 
M.  G.  Erakine,  p.  422.     numl)er  arriving,  which  was  about  1884.    In  my 
opinion  the  chasing  of  the  seals  and  the  shooting 
of  them  has  a  tendency  to  frighten  tliem  and  disturb  them  and  pre- 
vents theic  ucreasing  as  they  would  if  they  were  left  undisturbed  in 
the  waters. 

The  large  decrease  of  seals  in  the  waters  of  the  ocean  and  sea  must 

unquestionably  be  caused  by  the  indiscriminate 

M.  C.  i<:rakine,p.  423.      killing  now  going  on  by  posiching  schooners,  and 

if  not  discontinued  it  will  most  certainly  be  a 

matter  of  ii  very  few  years  before  the  seals  will  be  exterminated. 


The  seals  have  most  decidedly  decreased  in  number,  caused  by 
the  continual  hunting  and  killing  in  the  open 
sea. 


F.  F.  Feeny,  p.  220. 


I  give  them  four  years  more,  and  if  they  keep  on  hunting  them  as 
„     _    ,      ,„,  they  do  now,  there  will  be  no  more  seals  left 

Geo.Fot,cl,p.m.         worth  going  after.    •    •    • 


PELAGIC   SEALING   THE   SOLE   CAUSE — OFINIONS. 


323 


at  the  last 
'  the  seal, 
the  North 
the  iudis- 


B  as  coin- 
ink  there 


L.  To  the 

eals  in  Be- 
along  the 


9  as  there 
jaused  by 
in  the  sea 


erd]  to  the 
;uiiig  on  in 


hat  is  the 
(rater,  and 
oon  be  ex- 
B  plentiftil 
the  iudis- 
y  extermi- 
sy  aie  very 


the  open 
,8e  in  the 
In  my 
shooting 
and  pre- 
iturbed  in 


sea  mnst 
^criminate 
[)uers,  and 
linly  be  a 
ted. 

laused  by 
the  open 


r  them  as 
seals  left 


I  attribute  tlie  dcirrease  in  iminbers  to  their  being  hunted  so  much. 

My  experience  is  tliat  the  seal  lierds  in  the  Nortii  Pjuill(tand  Heriiig 
Sea  have  been  greatly  depleted  within  the  last  few  years  by  the  eon- 
Btant  pursuit  and  killing  of  tUem  in  the  water  by  hunters. 


In  my  opinion,  seals  and  all  other  fUr-bearing 
animals  are  decreasing,  and  the  cause  is  pelagic 
hunting. 


William  Foiter,  p.  220. 


Q.  Has  there  been  any  decrease  in  the  quantity  of  seals  as  compared 
to  previous  years? — A.  I  have  not  been  on  the 
islands  in  the  last  few  yesrs,  but  I  should  imag-  Luther  T. Franklin, pA26. 
ine  there  has  lu'en  a  great  decrease. 

Q.  To  what  <lo  you  attribute  the  decretise? — A.  To  the  number  of 
vessels  that  are  up  there  engaged  in  killing  seals,  nearly  all  of  wlii(;h 
are  females.  Last  year  there  were  72  vessels  fitted  out  from  Victoria 
alone,  to  say  nothing  of  vessels  that  are  fitted  out  at  other  places. 

.  The  seals  are  not  so  numerous  off  Cupe  Flattery  as  they  used  to  bo 

some  years  ago,  and  it  is  my  opiniim  it  is  owing 

to  the  constant  hunting  by  so  nniny  schooners.  '  ^" 

Q.  Has  there  been  any  decrease  in  the  quantity  of  seals  as  compared 
to  prevums  years! — A.  There  is  a  decrease  of     Edward  w.Funvke,p. 
about  20  or  30  per  cent  less.  ^^**- 

Q.  To  what  do  you  attribute  that  decrease? — A.  I  attribute  it  to 
them  being  over  hunted. 

I  am  decidedly  of  the  opinitm  that  ftir-seal  life  has  considerably  de- 
creased of  late  years,  and  believe  it  is  due  priuci-     ^.J-  Guild,p.2d2. 
pally  to  pelagic  sealing. 

"While  at  anchor  off  St.  Paul  Island  the  pups  playing  about  the  ves- 
sel were  very  few,  and  while  making  a  passage 
between  Unalaska  and  the  Pribiloff  Islands,  dur-  Charles  J.  Hague,  p.  208. 
ing  the  breeding  season,  did  not  see  a  dozen  in 
the  open  sea  during  the  whole  trip,  where  formerly  I  met  hundreds.  In 
going  from  Unalaska  to  Atka  and  returning  during  tlie  last  of  May 
and  the  first  part  of  June  of  this  year  (1802),  I  did  not  see  a  single  fur- 
seal  in  the  water.  I  attribute  this  great  decrease  to  the  indisci-iniinate 
slaughter  of  the  species  by  pelagic  sealers,  and  their  wasteful  metliods 
of  securing  skins. 

Q.  To  what  do  you  attribute  this  decrease! — A.     H.  Harmaen,  p.  442 
Too  many  in  the  business,  1  suppose;  too  many 
after  them. 

Q.  Would  you  attribute  it  to  the  killing  of  the  females  and  thereby 
there  are  not  nearly  as  many  born? — A.  Certainly;  it  has  got  all  to  do 
with  it. 

Q.  Then  really  the  killing  of  the  females  you  attribute  to  the  de- 
crease!— A.  Yes,  sir. 

I  am  decidedly  of  the  opinion  that  the  decrease  in  numbers  of  seals 
in  the  North  Pacific  and  Uering  Sea  is  owing  to 
pelagic  hunting,  and  that  unless  discontinued  they   J-  M.  Hays,  p.  27. 
will  soon  become  so  nearly  extinct  as  to  be  worth- 
less for  couuuercial  purposes. 


324 


CAUSE. 


I  think  the  seals  are  not  noar  iia  plenty  as  a  fow  yo.irs  a«jo,  and  they 
ar<;  much  more  sliy  shmI  liiiitlfi-  to  <-:iieli  now  than 
they  were  wImmi  I  llrst  went  out  sculinj;.  I  think 
this  is  caused  by  luuitiug  Ihum  hu  much  with 


Ja».  Haywaid,  p.  328, 

guns. 

Wm,  Hen$on,  p.  481. 


Q.  If  there  is  a  decrease,  to  what  do  yoa  attrib- 
ute it? — A.  £  attribute  it  to  thuexttirmiuutiou  by 
inexperienced  hunters. 

Seals  are  not  as  plentiful  now  as  they  were  a  few  years  ajro.    I  think 
they  are  dei^reasing  on  account  of  tlieir  being 
Wm.  Bermann,  p.  446.  Imnted  80  nuicli. 


I  have  not  personally  noticed  any  decrease  in  the  numbers  of  the 
lur-seal  s|>ecies,  but   I  tliiuk  that  the  constant 
Xorman   Hodgaon,   p.  aiul  iMdiscrimiiiate  slaughter  of  them  must  tend 
^^'  largely  to  that  end. 

Q.  If  there  is  a  decrease,  to  what  do  yon  attribute  it? — A.  To  the 
Andrew  J.  Hoffman  p.   amount  of  seal  hunters  and  hunting  that  is  actu- 
447. 


ally  going  on. 

Seals  have  decreased  very  fast  the  last  three  years.  Tlie  de(Tease 
is  caused,  I  t1iink,by  the  indiscriminate  killing  of 
seals  in  the  wat(n'. 


E.  HofHtad,  p.  260. 


fruatave 
440. 


Isaacson,  p.  Q.  To  whut  do  yoii  attribute  the  canse? — A. 
Killing  off  the  females;  whale-killers  and  sharks 
kill  a  good  many. 


Frank  Johnson,  j>.  441. 


Q.  To  what  do  you  attrib  te  the  cause  of  this 
decrease? — A.  The  increase  jf  the  tieoL  and  kill- 
ing of  all  the  lemales. 


My  knowledge  being  from  long  ex]>erience,  is  that  the  seals  are  be- 
coming gradually  scarcer  in  the  northern  waters, 
Jos.  Kieman, p. 450.       particularly  so  in  later  years.    The  cause  of  this 
decrease  1  believe  to  be  the  indiscriminate  slaugh- 
ter of  the  mother  seals.    They  are  hunted  too  much,  and  hence  niother 
seals  are  becoming  scarcer,  which,  if  not  checked,  will  lead  to  their 
early  extermination. 

He  also  told  me,  from  his  own  knowledge,  that  the  Uchnckelset  In- 
dians had  a  few  years  ago  caught  off  the  coast 

Francis  R.  King-Hall,  i^oqq  ;,eals  in  a  season,  and  that  imw  they  could 
^'    "'  catch  hardly  any;  that  the  white  men's  guns  were 

not  only  destroying  the  seals,  but  driving  them  further  iiom  the  coast. 

In  my  opinion,  fur-seal  life  has  not  only  enormously  decreased  in 
numbers  since  188(5,  but  it  has  become  greatly 
Jas.E.Lennan,p.Tt(i.     Scattered,  and  grown  wilder  and  more  timid,  for- 
saking many  phujes  where  they  were  formeily  to 
be  found  at  certain  seasons  of  the  year  engaged  in  feeding.    This  I  at- 
tribute to  the  large  number  of  vessels  engaged  in  killing  fur-seals  in- 
discriuiiuately  at  sea. 


PELAGIC    8EALIN0    THE   80LF.   CAUr^E — OPINIONS. 


325 


,  and  they 

now  than 

'.     1  think 

luuh  with 


roQ  attrib- 
iuutiuu  by 


>.    I  think 
)ir  beiu^ 


3ra  of  the 
}  constant 
iuu8t  teud 


A..  To  the 
at  is  actu- 

)  decrease 
i  kiliing  of 


Iftheykeepon  hnntinj;  them  in  the  Fli'iinf;  S«»a  an<l  the  \orth  Pa- 
cillf  in  the  same  way  tliey  havi'  doiu'  in  tin-  last 
few  years,  they  will  exierminatr  them  in  the  same      (^ahb  f.iiiihhl,pAK. 
way,  IxM'ause  most  all  llie  seals  killnl  are  females. 

TIm'  yonnji;  oiu's  will  all  die,  and  every  female  seal  you  shoot  makes  the 
killinj,'  of  two,  be<auso  after  the  seal  has  ;;iven  birth  to  her  yonn;;  the 
])U|»  will  starve  to  death  on  the  land,  or  when  yuu  shoot  them  iu  the 
water  they  may  have  a  pup  inside. 

I  have  observed  a  very  {?reat  decrease  in  fur-seal  life  since  1S85,  and 
believe  it  is  almost  entirelv  due  to  the  larjje  nam- 
ber  of  vessels  en^'aged  iu  pelagic  huiitiiig.  *•  '*^-  '-•"'eM".  P-  *^'- 

The  seals  are  much  less  plentiful  the  last  year!  sealed  than  the  first. 
I  attribute  this  decrease  to  the  hunting  of  tiiem  in 
the  water,  and  the  increased  number  of  boats  and      fy,n.  IT.  Long,  p.  458. 
men  engaged  in  the  business  in  the  last  few  years. 

Q.  Has  there  been  any  decrease  in  the  quantity  of  seals  as  coicparod 
to  previous  years t — A.  There  has  l)een  a  decrease. 

Q.  To  what  <lo  you  attribute  the  decreiise  '. — A.     chai>.  T»ijenn,  p.  459. 
To  the  hunting  of  the  seals  iuthe  Hering  Sea. 


There  can  be  b  .'•  ue  reason  for  the  decrease, 
ami  that  is  they  are  hunted  too  much  iu  the  open 
waters. 


J.  n.  .VoDonald, p.  2&J. 


ause? — A. 
ad  sharks 


se  of  this 
L  and  ki  li- 


tis are  be- 
•n  waters, 
se  of  this 
iteslau  gh- 
ee mother 
1  to  their 


k  el  set  In- 
the  coast 
hey  could 
guns  were 
the  coast. 

reased  in 
e  greatly 
himid,  for- 
rmerly  to 
This  I  at- 
-  seals  iu- 


There  were  not  as  many  seals  in  ISOO  as  there  wei e  in  18.S9.    I  think 
there  are  so  many  boats  and  hunters  out  after 
them  that  they  are  being  killed  off.    They  are     fVm.  Mohaao,  p.  4G1. 
bunted  too  much. 


Seals  are  not  aa  plentiful  on  the  coast  as  fortnerly. 
decrease  in  the  last  three  years;  caused,  I  think, 
by  the  indiscriminate  killing  of  female  seal. 


Have  noticed  the 

Jas.  McKeen,  p.  2(!7. 


I  was  also  cod  Ashing  in  1884.    There  were  a  great  many  more  seals 
in  the  water  then  than  there  was  in  1889.    In  1884, 
when  we  were  cod  fishing,   we  met  the  steam  4g^'"*   ^''^'^^oMin,   p. 
whaler  Thrasher,  and  I  heard  the  captain  remark 
that  it  was  a  dainncd  shame  the  way  they  were  killing  the  female  seals 
in  the  Bering  Sea. 

Q.  To  what  do  you  attribute  this  decrease? — A.  I  think  this  is  on 
account  of  killing  those  female  seals  when  they 
have  pups,  aiul  the  business  is  getting  st)  that  so  ^.^:,' ''-"»««'*•  McLean,  p. 
many  vessels  are  going  into  it,  and  they  are  kill- 
ing those  pups  off.    A  seal  has  not  got  a  chance  to  go  to  work  and  in- 
crease. 

Q.  The  mother  seals? — A.  Yes,  sir. 

Q.  Have  you  noticed  any  decrease  in  the  quantity  of  animals  in  the 
last  few  years? — A.  Yes,  sir. 

Q.  To  what  do  you  attribute  the  cause? — A.     Danl.  McLean, p.  iU. 
Killing  off'  the  females. 


326 


CATJSE. 


I  hiive  ffiven  up  th )  sealing  business  because  the  slaughtering  of  the 
female  so  .Is  is  uuikiug  them  so  scarce  that  it  does 
not  pay. 


Jaa.  Maliii/,  p.  IGS, 


G.  E.  Miner,  p.  4G6. 


I  think  seals  are  not  as  plentiful  as  they  used 
to  be,  caused,  I  think,  by  the  iudiscriminate  kill- 
ing of  females  with  pup. 


Q.  To  what  do  you  attribute  that  decrease? — 
FrannkMorfean,p.iCt8.  A.  From  the  killing  of  seals,  both  by  hunters  and 
others. 


PW) 


r'- 


u 

I'^V 

I 

IMr 

IHhH 

H 

p'w 

iii 

\ 

1' 

'_ 

Deponent  further  says  that  he  thinks  that  the  decrease  in  the  num- 
ber of  seals  found  in  the  rookeries  and  the  increase 

T.  F.  Morgan,  p.  65.  in  the  number  of  dead  pups  are  caused  directly  by 
the  open-sea  sealing  commonly  called  poaching. 

I  am  not  able  to  say  whether  the  se:il  herd  is  decreasing,  but  it  is 

reasonable  to  suppose  that  wliere  they  are  hunted 

iVe/son  T.  OZiuer,  j>.  372.  and  harassed  at  all  times  by  so  many  hunters 

they  are  suie  to  be  driven  from  their  usual  haunts, 

if  not  totally  destroyed. 

Seals  were  not  as  plentiful  in  1886  as  they  were  in  1885.  I  think  the 
prineipjil  cause  of  that  decrease  is  on  account  of 

Nilea  Nelson,p.  470.  killing  the  females  in  the  water,  and  also  through 
their  getting  shy  by  being  chased  by  the  boats. 


Wm.  ParAcr,  J).  345, 


Since  the  use  of  rifles  and  shotguns  has  be- 
come common,  seals  are  much  less  in  numbers 
and  are  more  shy  and  timid. 


Seals  are  not  near  as  plentiful  as  when  I  went  out  in  1888,  and  T 
believe  the  decrease  is  due  to  their  being  hunted 
Edwm  P.  1  o»/c)-,i>. 347.  g^  J^^^^,^  ^^^;^  shotguns  and  rifles. 

I  know  that  the  seals  are  rapidly  decreasing, 
Adolphua  Saycrs,  pAlS.  and  I  believe  it  is  caused  by  killing  females  in  the 
water. 

I  took  very  groat  interest  in  the  seals,  because  I  used  to  hunt  them 

myself,  and  1  noticed  a  great  decrease  in  the  nuni- 

Jas.  Sloan,  p An.  ber  of  seals  from  what  there  was  formerly,  when 

I  was  on  sealing  voyages.    It  was,  in  fact,  kSo 

marked  that  I  called  the  captain's  attention  to  it,  saying  that  we  had 

■^-een  very  few  seals.    They  have  been  gettii\g  scarcer  every  year  since 

1  have  been  going  to  Bering  Sea,  and  if  si>mething  is  not  done  right 

away  to  protect  them  there  will  be  no  more  seals  in  these  waters.    1 

know  as  a  fact  that  they  are  killing  thom  indiscriminately,  and  all  the 

hunters  care  about  it  is  to  get  a  skin.    I  know  something  about  it,  as 

I  have  been  sailing  from  this  coast  up  along  those  waters  for  nineteen 

years,  and,  as  I  said  before,  I  paid  i)articular  attention  to  them,  and  I 

iirmly  believe,  if  they  allow  the  killing  in  the  sea  to  go  (m  as  they  ar<^ 

now  doing,  it  will  only  be  a  question  of  a  few  years  before  there  will 

not  be  enough  to  pay  any  one  to  hunt  them. 


INCREASE  OF  SEALING  FLEET. 


327 


sring  of  the 
that  it  does 


they  nsed 
linate  kill- 


ccreaset — 
uuters  and 


I  the  nnm- 
le  increase 
iirectly  by 
)oaching. 

J,  but  it  ia 
are  hunted 
ly  hunters 
lal  haunts, 


I  think  the 
account  of 
30  tlu'ouyh 
e  boats. 

s  has  be- 
nunibers 


!S8,  and  T 
ig  hunted 


jcreasing, 
lies  in  the 


nut  them 

the  iiuni- 

rly,  when 

fact,  so 

it  we  had 

'ear  since 

Dne  right 

aters.    I 

ul  all  the 

out  it,  as 

nineteen 

ni,  and  I 

they  ar(^ 

ihere  will 


I  think  the  seals  are  decreasing  in  number  all  the  time,  because  there 
are  more  vessels  out  hunting  after  them  and  are      ^        „,    ..„        ,an 

1  •If  .a>  xu     f        1  1  Cyrus  btepnena,  p.  480, 

kuhug  off  the  female  seals.  *  r      >  i 

Q.  If  there  is  a  decrease,  to  what  do  you  attribute  itf — A.  On  ac- 
count  of  80  much  extermination  and  hunting  by    .,  „.  ..„  a,,.,,,,^,!  „  aoa 
the  seal-hunters. 

I  have  heard  that  seal  have  been  decreasing  the 
last  few  years,  caused,  I  think,  by  pelagic  sealing. 

The  decrease,  I  think,  is  caused  by  the  indis- 
criminate killing  of  female  seals. 


fV.  Thomas,  p.  485. 


Rudolph  tValson,  p.  272. 


From  what  I  know  seals  have  been  decreasing  very  fast  in  recent 
years.    Think  the  decrease  is  caused  by  the  in- 
discriminate killing  in  the  North  Paciflc  Ocean  p.s.WeUten,heiier,p.2li. 
and  Bering  Sea. 

My  experience  is  that  the  seals  have  been  decreasing  in  numbers  for 
the  last  six  or  seven  years,  and  within  the  past 
two  or  three  years  very  rapidly,  owing  to  the  in-      Michael  White,  ;».490. 
discriminate  killing  of  them  by  pelagic  hunters 
and  vessels  engaged  in  that  business  in  the  waters  of  the  North  Pa- 
citlc  and  Bering  8ea. 

INCREASE  OF   SEALING   FLEET. 

Page  183  of  The  Case. 

Pelagic  sealing  as  an  industry  is  of  recent  origin  at>d  may  be  said  to 
date  from  1879.  In  1880,  according  to  the  oflicial 
reportof  theCanad'anMinisterof  Marineand  l^^ish-  Report  of  Ameriatn  Com- 
eries,  7  vessels  and  213  men  were  engaged  in  pe-  "{'»"""<"'»»  P-  371  of  The 
lagic  sealing  in  the  North  Paciflc,  securing  13,000  ^'***" 
skins,  valued  at  $103,200.  The  same  authority  states  that  in  188G  20 
vessels  and  459  men  secured  38,907  skins,  valued  at  $3S:),070.  In  1891 
the  number  of  United  States  and  Canadian  vessels  liad  increased  to 
over  100;  upwards  of  2,000  men  were  engaged,  and  more  than  62,000 
skins  were  secured. 

The  number  of  seal-skins  actujilly  recorded  as  Report  of  American  Com- 
sold  as  a  result  of  pelagic  sealing  is  shown  in  the  '"'"^'^nf '•»  P-  366  of  The 
following  table:  "**' 


Year. 


187a . 

1873  . 
1874 
187,-) 
187fi  . 
1877  . 
1878. 


No.  or 
skinii. 


1,020 


4,049 
1,646 
2,042 
6,700 
9,503 


Tear. 


1879 12,r,OI)  J 

1880 13,fl0<) 

1881  .   ., i:t,5a 

1882  i7,:oo 

18S:i fi,  19.- 

1881 ,*14,000 

188.-. 13,000 


No.  (if 
skills. 


Year. 


18S0. 
18X7  . 

1!-:K.s  . 

I88;t . 

IHOil  . 
1891  . 


Xi(.  of 

skiiia, 

:i8, 1107 
;i;i  81)0 

37,  7.^9 

^0,  «:)H 

48,51!) 
62,500 


*  Number  ustimuteU  from  value  given. 


328 


CAUSE. 


That  oue  reason  for  deponent's  opinion  that  the  total  number  of 
seals  in  tliePacitic  and  Bering  Sea  lias  diminished 

Hervian  iAebea,p.  511.  very  rapidly  is  the  fact — which  dei)oiient  knows 
from  the  fact  that  he  buys  so  large  a  portion 
of  the  poachers'  catch — that  there  are  now  engaged  on  what  is  called 
"poaching"  about  eighty  vessels,  and  that  about  five  years  ago 
not  more  than  ten  vessels  were  engaged  in  poaching;  and  that  the  total 
number  of  skins  brought  in  by  the  whole  eighty  ve.s.scls  is  now  not  very 
much  greater  than  the  number  brought  in  five  years  by  ten  vessels. 
The  i>oaching  ve.ssels  a  few  years  ago  have  been  known  to  get  as  many 
as  ,'i,0()0  or  4,000  skins,  and  deponent  has  bought  4,000  skins  from  one 
vessel,  whereas  no  ])oaching  vessel  now  gets  more  than  a  few  hundred 
with  the  sjime  size  crew.  One  vessel  last  year  sailing  from  Victoria 
made  a  catch  of  1,900  skins,  but  this  is  now  at»  altogether  exceptional 
catch,  and  this  vessel  had  a  crew  twice  as  large  iis  poaching  vessels 
formerly  carried,  and  was  equipj)ed  with  from  twelve  to  fifteen  boats 
instead  of  five  or  six.  One  or  two  other  poaching  vessels  also  made 
large  catches — that  is,  over  1,200  skins — but  the  average  catch  of  the 
l)oaching  vessels  is  not  more  than  a  few  hnndred  each.  This  is  true, 
although  the  poaching  vessels  are  now  e(|uipped  with  much  more  ex- 
perienced shooters,  with  better  rifles,  and  with  better  boats  than  any 
of  the  vessels  had  five  years  ago.  Many  of  the  poaching  vessels  now 
have  boats  pointed  at  both  ends,  so  that  they  can  go  backward  or  for- 
ward with  equal  ease;  and  the  old  xwaehor  only  had  ordinary  ships' 
boats.  Deponent  knows  this  to  be  true,  becau.se  he  has  seen  the  boats 
and  talked  with  the  captains  of  the  schooners  about  them. 


I  never  saw  many  sealing  schooners  before  1884,  but  they  have  been 


Aggd,  Euahen,p.  128. 


c<uning  more  and  more  every  year  since,  and  1 
notice  that  as  the  schooners  multiply  in  the  sea 
the  seals  decrease  on  the  rookeries. 


P*  ' 


From  1885  to  the  present  time  the  fleet  of  predatory  vessels  has  con- 
E  H  Mclnuire  p  51    «<^'^"*ly  increased  in  proportion  as  the  seal  herd 

■  has  decreased.  *  *  * 
A  very  noticeable  decrease  in  the  herd  commenced,  as  I  havealready 
pointed  out,  in  1886,  and  was  coincident  in  time  and  proportionate  in 
eztent  with  the  number  of  seals  destroyed  in  the  water.  The  business  of 
pelagic  sealing  in  Bering  Sea  first  assumed  considerable  proportions 
in  1884,  and  in  that  year  dead  pup  seals  first  became  numerous  enough 
upon  the  rookeries  to  excite  remark  upon  the  islands.  As  the  sealing 
fleet  increased  the  starved  .animals  became  more  numerous.  In  1887 
fourteen  vessels  were  seized  for  illegal  sealing,  and  the  eflect  was  seen 
in  the  following  year  when  a  much  less  number  engaged  in  the  business 
and  the  Bering  ►Sea  catch  amounted,  as  1  am  informed,  to  about  34,000 
skins  against  about  10,000  or  20,000  in  1888.  The  failure  of  the  United 
States  Government  to  vigorously  pursue  in  1888  and  the  following 
years  the  repressive  policy  so  ausi)iciously  begun  in  1887,  led  to  a  large 
increase  of  tlie  sealing  fleet  and  corres])onding  destruction  of  the  herd, 
but  the  prohibition  of  pelagic  sealing  nevertheless  continued,  and  the 
usual  proclamation  was  published  by  the  Government  warning  all 
parties  not  to  lull  seals  in  Bering  Sea  or  waters  adjacent  to  the  Alas- 
kan coast. 


number  of 
diiniiiislied 
leiit  knows 

a  ijortion 
lit  is  called 
years  a^'o 
It  the  total 
w  not  very 
en  vessels, 
^t  as  many 
s  from  one 
sv  hundred 
in  Victoria 
xceptional 
ng  vessels 
teen  boats 
fdso  made 
ktch  of  the 
•is  is  true, 
1  more  ex- 

than  any 
^ssels  now 
ird  or  for- 
ary  ships' 
the  boats 


liave  been 
ice,  and  1 
3  the  8ea 


INCREASE  OF  SEALING  FLEET. 


329 


Up  to  18S3  and  1884  it  was  only  an  occasional  venturosoine  vessel  that 
came  around  and  secured       few  liuudred  skins 
and  thought  itself  lucky  and   .eared  out,  but  sin(!e      jv.  S.  Hereford,  p.  36. 
that  time  not  even  the  smallest  craft  is  satisfied 
unless  it  secures  its  thousands  of  pelts  regardless  of  sex. 

While  in  Bering  Sea  during  the  summer  of  1869,  1  never  saw  a  ves- 
sel sealing  about  the  islands  or  anywhere  in  the 
sea,  nor  did  I  hear  any  report  of  the  presence  of     j.j.Henriqucs,  p.  3i. 
such  sealing  vessels  in  those  waters. 

I  do  not  know  of  any  sealing  schooner  that  went  to  the  Bering  Sea 
until  Capt.  McLean  went  there  about  nine  years 


ago  in  the  Favorite. 


Wm.  Parker,  p.  344. 


J.  a  Redpafh,  p.  141 . 


Q.  What  effect,  in  your  opinion,  does  the  increase  in  the  number  ot 
poaching  vessels  in  Bering  Sea  have  upon  seal 
life? — A.  Since  the  number  of  sealing  vessels  has 
increased,  the  number  of  seals  coming  to  the  is- 
lands has  correspondingly  decreased.    *    *    * 

In  1884  the  sealing  schooners  became  numerous.  I  believe  there  were 
about  thirty  in  the  sea  that  year,  and  they  have  increased  very  rapidly 
every  year  since,  until  now  they  are  said  to  be  about  one  hundred  and 
twenty. 

I  first  went  out  in  1885  in  the  schooner  City  of  San  Diego,  chnrtered 
by  myself  and  others,  and  my  catch  for  that  year 
was  between  2,300  and  2,400  seals.    Of  thatnum-      Michael  White,  p.  ^9, 
ber  about  1,900  were  caught  in  the  Bering  Sea. 
There  were  but  very  few  vessels  sealing  at  that  time. 


■1  has  con- 
seal  herd 

'^e  already 
tionate  in 
isiness  of 
oportions 
18  enough 
le  sealing 
In  1887 
was  seen 
!  business 
>ut  34,000 
e  United 
following 
to  a  large 
the  herd, 
,  and  the 
rning  all 
)he  Alas- 


PELAGIC  SEALING. 


HISTORY. 

SEALING  BY   COAST  INDIANS. 

Page  187  of  The  Case. 

Formerly,  in  the  winter  time,  used  to  hunt  them  in  the  Straits  of  San 
Jp;>?»  de  Fuca,  and  in  the  spring  and  summer  time 
we  hunted  them  in  canoes  and  with  spears  from     Peter  Brown, p.  317. 
10  to  30  miles  off  and  around  Cape  Flattery. 
About  ten  or  twelve  years  ago  we  commenced  carrying  our  canoes  on 
little  schooners  and  followed  up  along  the  coast  towards  Kadiak.     I 
have  been  a  part  owner  in  a  schooner  for  about  seven  years,  and  have 
owned  the  James  G,  Sican  for  about  three  years.    She  is  about  59  tons 
burden.    The  other  schooner  was  not  so  large.    •    •    * 

In  early  times  none  of  my  tribe  ever  went  any  farther  otit  to  sea  than 
from  10  to  30  miles  ott"  Cape  Flattery,  and  close  inshore  a  tew  miles  up 
and  down  the  coast.  They  had  no  other  way  of  hunting,  except  to  go 
from  here  in  canoes.  About  titteen  years  ago  tlie  post  trader  induced 
some  of  them  to  put  their  canoes  on  board  of  a  small  schooner  and  go  out 
from  50  to  75  miles  ofl'shore,  and  to  hunt  along  the  coast  from  Columbia 
River  to  Barclay  Sound.  In  the  hist  live  or  six  ye.irs  some  of  my  tribe 
have  bought  and  now  own  four  little  schooners,  and  use  them  to  carry 
their  canoes  and  provisions  when  they  go  any  distance  from  home. 
About  seventeen  of  my  people  have  been  in  the  Bering  Sea,  and,  with 
the  possible  exception  of  two  or  three,  none  of  them  were  ever  there 
before  1887. 

In  1887  .  British  schooner  Alfred  Adams,  from  Victoria,  British 
Columbia,  caiue  hero  and  employed  some  of  my  tribe  to  go  to  the  Bering 
Sea  hunting  seals,  and  the  schooner  Lottie,  owned  by  the  Indians,  also 
went  from  here  in  that  year. 

In  1889  and  1891  some  of  my  people  went  on  schooners,  as  hunters, 
to  Bering  Sea.  At  no  other  times  have  any  of  them  been  in  those 
waters. 

I  have  been  engaged  in  hunting  seals  all  my  life,  and  have  always 
used  the  spear,  and  went  in  canoes.  Formerly  we 
went  around  the  cape  in  canoes,  but  for  the  last  Landes  CaUapa,p,919. 
fifteen  years  I  have  frequently  gone  out  on  small 
schooners,  from  10  to  8()  miles  around  the  ca])e,  up  and  down  the  coast 
from  100  to  1200  miles.  We  take  our  canoes  on  the  vessel  and  use  them 
after  we  get  to  the  sealing  grounds. 

381 


'■Mf 


332 


HISTORY. 


■  ,1 


In  early  times,  and  nnfil  within  the  last  ten  years,  I  hunted  seals 
with  spoars  in  canoes.    J)uring  the  last  ten  years 

Circua  Jim, p.  3S0.         I  have  been  sealiiij;  up  and  down  tlie  coast  in 
schooners,  but  used  spears  all  of  the  time.   When 
we  used  canoes  exclusively  I  used  to  hunt  and  capture  seals  about  30 
miles  in  the  Straits  of  San  Juan  de  Fuca.    *    *    • 

I  used  to  be  out  on  the  water  hunting  seals  in  a  canoe  for  a  couple  of 
days  at  a  time,  if  the  weather  was  fine.  Tliree  Indians  would  go  in 
one  canoe.  One  would  handle  the  spear,  the  other  two  woukl  paddh' 
and  steer  the  boat.  1  was  the  spearman.  Usually  we  found  several 
seals  at  a  time  asleep  on  the  water  and  would  creep  uptm  them,  some- 
times as  near  as  20  leet,  but  more  fre(piently  not  closer  than  40  to  iiO 
feet.  I  would  then  throw  the  spear  at  them  and  almost  always  secure 
all  that  I  hit.  Very  rarely  I  would  hit  and  secure  two  seals  at  a  time. 
I  would  then  get  a  seal  on  ea(;h  barb  of  the  spear. 

We  use  smaller  canoes  now  since  we  began  to  use  schooners  in  which 
to  carry  our  (tanr)es  and  hunters  to  the  sealing  waters,  and  but  two 
Indians  go  in  one  of  these  smaller  cauoes. 

In  my  early  years  1  hutited  seals  in  canoes  and  with  spears  in  the 
Straits  of  San  Juande  Fuca,  and  about  HO  miles 

Jas.  ciaphuthoo, 'p.ssi.  oft'  ('ape  Flattery.  I  killed  seals  for  food  and  for 
their  skins,  getting  about  $3  apiece  for  each  skin. 
About  fifteen  years  ago  Willie  Gallick,  who  had  a  trading  post  liere, 
had  three  or  four  schooners,  and  employed  Indians  to  go  sealing  and 
sail  his  vessels.  Tliey  would  put  their  canoes  and  spears  on  board  the 
schooners  and  go  out  and  hunt  about  20  or  30  miles  oft"  the  coast,  as 
far  south  as  the  Columbia  River  and  north  to  Barclay  Sound.  A  few 
years  later  some  of  the  Indians  owned,  or  partly,  an  interest  in  the 
schooners.  About  six  years  ago  the  British  schooner  Alfred  Ailams 
came  here,  and  her  master  engaged  ludian  hunters  to  go  sealing  in  the 
Bering  Sea. 

Also  used  to  hunt  seals  in  canoes  up  and  down  the  coast  from  Cape 

Flattery.    In  those  days  there  were  a  great  many 

Jeff  Davis,  p.  38i.  seals  along  the  coast.     They  traveled  in  little 

herds  of  from  ten  to  fifteen  each,  and  we  could 

sometimes  creep  up  on  them  when  they  were  asleep  on  the  water  and 

spear  one  or  two  before  they  got  away.    We  usually  secured  all  that 

we  hit  with  the  spear.    About  10  or  12  years  ago  we  began  to  hunt 

seals  in  schooners,  and  ventured  farther  out  in  the  ocean  and  sealed 

for  greater  distances  up  and  down  the  coast.    I  have  sealed  as  far  south 

as  the  Columbia  River  aud  as  far  up  the  coast  as  the  north  end  of 

Vancouver  Island. 

I  commenced  scaling  in  canoes  along  the  coast  and  in  the  Straits  of 
San  Juan  de  Fuca,  about  fifteen  years  ago,  and 
Ellabtiah,  p.  385.  have  always  hunted  seals  with  spears  until  re- 

cently. Three  Indians  usually  go  with  each  canoe. 
About  ten  years  ,ago  I  went  hunting  in  the  schooner  Mist,  owned  by  a 
white  man.  We  cruised  for  seals  along  the  coast,  between  the  Colum- 
bia River  and  Barclay  Sound. 

Formerly  my  tribe  hunted  in  canoes  and  used  spears  exclusively,  but 
in  the  last  two  years  a  few  of  them  have  used  shot- 

Alferdlrving,  p.  386.  guns.  Previous  to  about  ten  years  ago  we  sel- 
dom went  more  than  20  miles  out  to  sea  aud  sealed 


SEALING    BY    COAST    INDIANS. 


333 


SOIIH' 


abont  that  rtistance  off  Cape  Flattery.  Since  that  time  some  of  onr  tribe 
have  owned  three  or  four  small  schooners,  and  those  that  j(o  out  in 
IIkmu  put  llieir  canoes  and  spears  on  the  schooners  and  are  carried  from 
.■)()  to  75  miles  olf  Oape  Flattery  and  along  the  coast  from  Colund)ia 
Kiver  to  Barclay  Sound.  In  the  earlier  years  when  I  went  huntinfi  we 
would  not  fyo  out  of  the  Straits  of  San  Juan  de  Fuca  during  the  winter 
months  and  early  in  the  spring. 

In  former  years  we  used  to  hunt  in  the  Straits  of  San  Juan  de  Fuca, 
aiul  in  the  su  nmer  around  (^ape  Flattery,  but  for 
the  hist  few  years  we  have  had  co  go  farther  to      tielwiHh  Johnson, p.3^. 
get  tlieni,  and  now  we  hunt  from  (Columbia  Kiver 
to  Barclay  Souiul.    We  ])ut  our  (nmoes  and  spears  on  board  of  a  schooner, 
and  go  out  from  1()  to  (JO  miles  off  (Jape  Flattery. 

The  idea  of  capturing  seals  in  the  watei',  when  they  are  farther  off 
shore  than  the  liulian  canoes  can  safely  follow 
thvm,   originated  in    San   Francisco.     A  single      fmac  LUbea,  p.  4^3. 
schooner  was  fitted  out  and  met  with  success.     Slie 
was  afterwards  Joined  by  others,  and  finally  by  a  small  fleet,  nearly  all 
American  vessels. 


I  have  always  hunted  seals  with  the  spear,  and  have  never  used  the 
gun  or  been  in  Bering  Sea.    I  ha.ve  always  sealed 
in  the  Strait  of  San  Juan  de  Fuca,  and  around   Ja».  Lighthohee,  p.  339. 
Cape  Flattery,  and  up  and  down  the  coast  of  Bar- 
clay Sound  to  tlie  Columbia  River.    I  commenced  going  north   to  Bar- 
clay Sound  about  ten  years  ago. 

I  arrived  in  Sitka  in  November,  1868;  remained  there  a  few  days  and 
went  thence  to  Victoria,  British  Columbia,  touch- 
ing at  all  princii>al  points  between  Sitka  and  Vic-    n.  n.  Mclvtyre,  pAl. 
toria,  spending  the  entire  winter  of  1808  and  18Gt) 
among  tlie  Indians  and  fur  traders,  learning  their  traditions  and  cus- 
t(mis,  and  noting  their  cat<'hes  of  furs  and  manner  of  doing  business. 
It  came  to  my  knowledge  at  that  time  that  a  considerable  number  of 
fur-seals  were  being  killed  by  the  Iiulians,  mostly  by  the  use  ol"  sjx'ars, 
in  the  waters  adjacent  to  Vancouvers  and  Queen  Charlottes  islands. 
The  total  catch  obtained  in  this  way  amounted  at  this  time,  UvS  I  was 
told  by  the  late  United  States  consul,  Francis,  to  3,000  to  o,00(>  skins  per 
annum.     The  consul  further  said  that  the  catch  was  cliicHy  females, 
many  of  which  were  i)regnant.    The  Indians  hunted  from  dugout  ca- 
noes, and  could  not  go  far  from  land. 

I  have  been  engaged  at  seal  hunting  along  the  coast  for  the  last  ten 
years.    At  first  I  Imnted  in  large  canoes,  but  soon 
commenced  to  go  hunting  in  schooners.  Only,  p.  290. 


Indians  were  the  principal  hunters  until  about  six  years  .ago,  and 
they  scarcely  ever  used  anything  but  spears  and    yp^^  Parker  «.34i. 
would  save  most  all  the  seals  they  killed  *  *  *  '  »   •      • 

There  was  hardly  ever  a  sealing  schooner  that  went  to  Bering  Sea  dur- 
ing these  years  or  ])rioi  to  188.j,  and  there  were  only  four  or  five  that 
sailed  fnmi  here  in  the  sealing  business,  and  these  carried  Indian  crews, 
who  hunted  with  spears  and  seldom  went  far  from  the  coast.    *    *    * 

Seals  were  almost  exclusively  taken  on  the  coast  during  these  years 
and  by  Indian  hunters,  armed  by  spears. 


ill  I 


334 


HISTORY. 


Up  to  nearly  the  time  my  work  was  imhliahed,  little  was  known  about 

marine  seal  lisliin}?.     It  was  mostly  confined  to  the 

C.  M.  Scammon,  p.  475.  Indians.    A  few  vessels  were  engaged  in  the  trade 

from  Victoria,  but  cut  no  figure  in  commerce.    Tlie 

price  of  skins  was  comparatively  low,  and  no  great  inducements  were 

offered  to  go  into  tlie  business.    It  was  when  jiriees  advanced,  and  white 

hunters  a<*quired  the  skill  of  following  the  movements  of  the  seals  and 

in  shooting  from  a  boat,  that  the  real  danger  of  tlie  extermination  of 

the  species  became  apparent.    The  records  of  the  Pribilof  Islands  show 

that  not  many  seals  were  left  on  the  rookeries  about  1S40  to  1845,  and 

very  few  then  appeared  in  the  vicinity  of  the  British  Columbui  coast. 

As  those  rookeries  increased  so  the  "  Victoria  catch  "  increased,  and 

amounted  to  about  5,000  skins  in  18G9.    (Marine  Mammals,  p.  154.) 

Previous  to  ten  years  ago  I  always  hunted  seals  with  a  spear  in  a 
large  (ianoe,  and  fi'om  liO  to  30  miles  around  Cape 
Watkina,  p.  3J)4.  Flattery  and  from  00  to  100  miles  up  and  down 

the  coast.  Each  canoe  carried  3  Indians,  and  I 
was  the  spearman,  and  generally  secured  about  all  of  the  seals  that  I  hit, 
but  would  sometimes  miss  them  and  they  would  swim  away.  In  hunt- 
ing with  schooners  during  the  last  ten  or  twelve  years  we  would  take 
ten  or  fifteen  smaller  canoes  on  board  and  go  up  and  down  the  coast 
from  the  mcmth  of  the  Columbia  River  to  the  upper  end  of  Vancouver 
Island.  We  send  but  2  men  out  in  the  small  canoe.  I  have  always 
used  the  spear  iu  hunting  the  seals  and  none  of  the  hunters  that  went 
with  me  ever  used  the  gun.  We  do  nt)t  like  to  use  guns  because  it 
scares  the  seals  away. 

VESSELS  USED. 


mm 


imv 


Page  187  of  The  Case. 
(See  alHO  "  Sealing  by  Coast  Indians.") 

About  five  or  six  years  ago  I  commenced  to  hunt  in  smaller  canoes 
that  were  taken  out  to  sea    in    schooners.     I 
Bowa-ohup,  p.  376.        hunted  with  spears  all  of  the  lime. 

About  ten  years  ago  the  first  British  schooner  came  into  Pacbenah 
Bay  to  get  Indian  hunters,  and  have  been  coming 
Charlie,  p.  304.  iu  tliere  ever  since,  increasing  in  numbers  year  by 

year,  till  now  there  are  nearly  one  hundred  seal- 
ing schooners  on  the  coast  hunting  seals. 

My  tribe  used  to  hunt  exclusively  in  canoes,  and  did  not  go  many 

miles  from  the  (5ape,  but  in  the  last  ten  or  twelve 

JaB.  Lighthouae,  p.  390.  years  a  good  many  of  '  )(^  hunters  put  their  canoes 

en  the  small  schooners,  owned  by  some  of  us,  and 

we  go  farther  out  into  the  sea,  and  from  the  Columbia  Kiver  to  Bar 

clay  Sound,  to  hunt  seals.    Unless  we  use  guns  we  will  have  to  stop 

hunting  them,  for  they  are  getting  so  wild  we  can  not  catch  many. 

The  sealing  industry,  as  regards  British  Columbia,  started  in  about 

1872 ;  at  that  time  Indians  only  were  employed  to 

Morris  Moss,  p.  3il.      do  the  killing,  whicb  was  done  by  spearing.    The 

fleet  was  small,  not  numbering  over  half  a  dozen 

vessels,  and  the  trade  was  in  the  hands  of  three  or  four  men.    In  1883 


VESSELS   USED. 


335 


own  about 
iiiedtothe 
I  the  trade 
Mce.  Tlie 
u'.nts  were 
and  white 
sealn  and 
liiiation  of 
iinds  show 
1845,  and 
bia  coast. 
;ased,  and 
>.  154.)      ' 

ipear  in  a 
>uud  Cape 
md  down 
ns,  and  I 
that  I  hit, 

In  hunt- 
ould  take 

the  coast 
Vancouver 
^e  always 
that  went 
:>ecause  it 


er  canoes 
oners.     I 


'achenah 
n  coming 
8  year  by 
red  seal- 


go  many 
)r  twelve 
ir  canoes 
f  us,  and 
to  Bar 
to  stop 
lany. 

in  abont 

jloyed  to 

ig.    The 

a  dozen 

In  1883 


the  American  sehooner  San  Diego,  of  San  Francisco,  entered  the  Bering 
Sea,  and  after  taking  about  2,200  seal-skins  brought  them  to  Victoria 
and  sold  them.  This  gave  impetus  to  the  trade  and  the  following  year 
Victoria  schooners  entered  the  sea.  New  vessels  were  subsequently 
added  to  the  tieet  and  other  Arms  embarked  in  the  business.  In  1880 
three  Victoria  vessels  were  seized,  since  which  time  there  has  been 
trouble  over  the  Bering  Sea  scaling  industry.  Since  that  time  the 
fleet  has  been  gradually  increasing  until  now.  Previous  to  this  time 
(1880)  but  few  white  hunters  were  employed  and  the  Indian  hunters 
used  spears  only.  By  so  doinjj  they  secured  all  the  seals  struck,  and 
did  not  scare  the  bahmce;  of  late  years,  however,  all  the  Indians 
carry  and  use  shotguns  in  addition  to  their  spears.  About  fifty-six 
schooners  have  cleared  from  Victoria  this  spring.  Thirty  of  them 
carry  white  hunters  and  the  balance  Indians. 

Ten  years  ago  a  British  schotmer  came  up  to  Pachenah  Bay  to  get 
Indian  hunters,  and  schooners  have  been  coming' 
in  there  for  that  purpose  every  season  since,  in-      Moaea,  p.  309. 
creasing  in  number  year  by  year  until  now  there 
are  nearly  one  hundred  sealing  schooners  engaged  in  hunting  seals  along 
the  coast. 

During  the  last  eight  or  ten  years   I  have  been  hunting  seals  in 
smaller  canoes  and  were  taken  farther  out  to  sea 
by  schooners  that  would  can>y  ten  or  fifteen  small      Wihon  Parker,  p.  392, 
canoes,  each  canoe  manned  by  two  Indians. 

Previous  to  1885  only  two  or  three  sealing  vessels  had  ever  gone  to 
the  Bering  Sea  to  hunt  seals,  and  the  sealing  from 
Victoria  prior  to  1880  was  confined  to  the  coast,      chaa.  Peterson,  p.  316. 
and  the  crews  were  Indians  who  hunted  with 
spears. 

In  1889  I  entered  the  Bering  Sea  in  the  schooner  James  0.  Swan.    I 
was  never  there  before,  norhave  Ibeen  there  since. 
About  two  years  ago  I  began  to  hunt  seals  with    John  Tyaum,  p.  393. 
the  shotgun,  but  I  have  always  carried  a  spear  in 
my  canoe,  and  frequently  use  it.    I  have  sealed  up  and  down  the  coast 
in  canoes  between  Destruction  Island  and  the  north  end  of  Vancouver 
Island.    In  latter  years  I  have  gone  seal-hunting  in  schooners  that 
carried  Indian  canoes.    Generally  each  canoe  is  manned  by  three  In- 
dians, one  of  which  carries  a  spear.    When  a  seal  or  a  school  of  seals 
are  sighted  the  canoe  is  lowered  and  the  Indians  go  toward  the  seal 
and  try  to  capture  them,  and  at  night  we  return  to  the  schooner  with 
our  catch.    The  seals  are  placed  on  board  the  schooner  and  skinned ; 
sometimes  the  carcasses  are  thrown  into  the  sea,  and  sometimes  they 
are  saved  for  food. 

Years  ago  we  went  out  in  the  ocean  in  canoes,  but  in  later  years 
we  take  our  canoes  out  on  the  ocean  in  schooners 
and  then  hunt  seals  from  the  schooners.     Have    Charley  White, p.  396. 
never  been  any  farther  north  than  Barclay  Sound. 

About  ten  years  ago  I  commenced  hunting  seals  from  schooners, 
using  smaller  canoes  than  I  formerly  did,  and  have 
always  used  spears  in  hunting  seals.  About  seven      mapoo,  p.  396. 
or  eight  years  ago  schooners  came  in  with  white 


336 


HISTORY. 


men  who  uwod  sliotjjnna,  atid  have  jiradniilly  iiM'reasod  in  nnmher  and 
size  of  vessels,  until  now  tlieie  are  nearly  ouc  Imudied  sealing  scliuouers 
eiij^agud  in  sealing  along  the  coast. 


Years  ago  I  uised  to  hunt  seals  in  the  Straits  of  San  Juan  de  Fiica  in 

the  winter  time,  and  in  the  summer  time  I  would 

HUh  YuUa,p.  397.        huut  them  in  canoes  frcmi  10  to  20  n)iles  off  Cape 

Flattery,  and  of  late  years  I  hunt  in  a  small  canoe, 

and  put  it  on  a  schooner  and  go  up  and  down  the  coast  between  the 

mouth  of  the,  Columbia  Kiver  and  Barclay  Sound.    I  Lave  always  used 

Hpeu'  :i  in  hunting  the  seals. 

Until  about  1880  I  hunted  seals  in  large  canoes,  in  which  I  always 

used  the  spear.    In  the  last  eight  or  ten  years  I 

77io».  Zo/hwAs,  7>.  308.     have  hunted  for  seals  in  small  canoes  carried  on 

schooners,  and  sealed  off  Cai)e  Flattery  from  20  to 

75  miles,  and  as  far  south  as  the  Columbia  liiver  and  north  up  to  the 

yassaiio  iuto  lieriug  S'iU,  but  have  never  hunted  for  seals  in  those  waters. 

INTRODUCTION   OF  FI11EAR3IS. 

I'age  188  of  Tho  Case. 

My  people  commenced  using  guns  in  seal-hunting  about  three  years 
ago,  but  they  always  carried  s|)ear8,  and  but  few 

Peter  Brown, p.2,n.  of  them  ever  use  guns  unless  employed  to  do  so 
by  white  men. 


About  seven  years  ago  they  commenced  to  kill  seals  with  rifles  and  a 
little  later  they  used  shotguns,  but  I  have  always 

Charlie, p.ZQ^.  hunted  with  the  spear;  but  very  few  Indianu  that 

go  from  rachenah  Bay  or  from  Neah  iiay  use 
guns;  we  prefer  the  sjtear,  because  we  are  afraid  that  if  we  use  guns 
tliey  will  get  frightened  away  and  not  come  back  again,  and  also  be- 
cause we  lose  a  great  miiiiy  of  the  seals  that  we  shoot;  but  with  the  spear 
we  make  no  noise  and  get  almost  all  thiitwehit.  There  are  about  100 
seal-hunters  that  live  at  Pacheuah  Bay  and  make  their  living  by  hunt- 
ing seals. 

James  Ciapiauhoo,  p.       ^"til  three  or  four  years  ago  I  used  nothing 
881.  but  spears  iu  hunting  seals;  now  I  sometimes  use 

a  gun. 


8^: 


iiU„L;,.:_ 


m-: 


ivl 


The  first  six  years  1  employed  Indian  hunters  from  Cape  Flattery  and 
they  used  sjiears  exclusively,  as  the  opinion  then 

James  DaUjarduo,  p.  was  that  the  sound  of  firearms  would  tend  to  drive 
^^^-  oft'  the  seals  as  well  as  waking  the  sleeping  ones, 

thus  making  it  more  difficult  to  secure  them. 

During  two  of  the  eight  years  I  employed  mixed  crews,  some  Indians 
and  some  whites;  scmie  using  rities  and  some  using  spears.  The  catch 
was  in  round  numbers  from  1,500  to  3,000  skins  per  year,  these  figures 
representing  the  lowest  and  the  highest  numbers  ever  taken  by  me  in 
any  one  year. 


i'li  ' 


^l.^i^-- 


INTRODUCTION   OK    FIREARMS. 


337 


mmber  and 
g  schuuuei'B 


de  Fiica  in 
me  I  would 
e.s  ()ff  Cape 
iniiill  canoe, 
)etween  the 
ilways  used 


ih  I  always 
ton  years  I 
carried  on 
y  from  20  to 
li  u|)  to  the 
lose  waters. 


three  years 
ud  but  few 
id  to  do  so 


rifles  and  a 
aveahvuys 
ulianu  that 
I  i3ay  use 
}  use  guns 
id  also  be- 
h  the  spear 
about  100 
g  by  huut- 


d  nothing 
letimes  use 


If  all  the  seals  were  taken  as  they  were  by  the  Indians  in  former 
years,  by  spearing,  their  destruction  would  be 
nothing  near  as  great  as  it  is.     If  the  spear  dart      ftaac  Liebei,p,4S3. 
touches  the  animal  but  lightly  he  goes  ot!  with  a 
slight  wound  and  <|uickly  recoveir,whileif  it  fairly  penetrates  hisbody 
his  capture  is  reasonably  certain,  for  ti«e  spear  is  attached  by  a  line  to 
thecanoe  and  the  seal  can  not  escape.    Unfortunately,  a  great  mtyority 
of  the  seals  are  now  killed  with  guns  instead  of  spears. 

Abcmt  seven  years  ago  they  commenced  to  hunt  seals  with  rifles,  and 
lately  they  use  shotguns.    Very  few  Indians  that 
go  from  Pachenah  Hay  or  Neali  Bay  use  guns.  Mo$e$,p.309. 


METHOD. 


VESSELS,  OUTFIT,  ETC. 


Pa''e  189  of  Th«  Case. 


The  following  statements  here  made  in  relation  to  open-sea  scaling 
are  based  upon  my  own  observation,  and  also 
uj)on  information   I  received  froiri  conversations    c.  A.  Abbey, p.  186. 
with  forty  or  fifty  men  engaged  in  open-sea  seal- 
ing in  Bering  Sea.    The  average  size  of  the  sealing  vessels  is  from  25  to 
50  tons,  and  the  number  of  tlie  crew  varies  from  10  to  20  or  25.    A  ves- 
sel is  fitted  out  with  about  4  to  6  boats,  or  6  or  8  canoes.    The  white 
hunters  used  either  a  Winchester  rifle  or  a  double  barreled  shotgun, 
and  a  gaft"  with  a  shaft  4  or  5  feet  long.    The  Indians  use  a  toggle- 
headed  spefir,  with  a  shaft  7  or  8  feet  in  length.     Each  boat  has  a 
rower  and  one  or  two  hunters,  and  is  also  provided  with  a  compass, 
small  amount  of  pro visi(ms,  ammunition  locker,  seal  knives  and  a  short 
club.    The  boats,  on  being  lowered  from  the  vessel,  provided  the  water 
is  fairly  smooth,  go  toward  all  points  of  the  compass,  and  I  have  found 
them  as  far  as  6  miles  from  the  schooner. 

In  hunting  seals  the  white  men  use  an  otter  boat  manned  by  three 
men — the  hunter,  boat-puller,  and  steerer.    The 
favorite  weapon  is  the  shotgun,  and  rifles  are  but    a.  b.  Alexander,  p.  355. 
little  used.    The  No.  10  Parker  guji  is  preferred, 
and  the  usual  charge  is  5  drams  of  powder  and  twenty-one  No.  2  back- 
shot. 


jl 
it 


attery  and 
inion  then 
nd  to  drive 
piug  ones, 

ne  Indians 
The  catch 
L'se  figures 
by  me  in 


I  first  sailed  in  1891  in  the  vessel  N.  E.  Paint,  Bisit,  master;  had  six 
boats,  with  three  men  to  each  boat.    The  hunters     „   .  ^  .  . 
used  shotguns.     *     *     *  n.  Andn<nue,p.^U. 

On  January  27,  1892, 1  went  seal  hunting  again  as  boat-puller  on  the 
Labadore,  Witiitly,  master.  She  carried  three  boats,  three  men  to  each 
boat;  all  white  men. 


I  famished  ray  vessels  with  rifles  and  shotguns,  and  each  vessel 
carried  from  three  to  seven  boats,  with  three  men 
to  the  boat,  a  hunter,  boat-puller,  and  steerer. 

22  BS 


Wm.  Bendt,  p.  40^ 


Mr 


338 


MKTlTOn. 


IT! 


316 


III  1887  I  8liii)i)0(l  on  tlie  hi-Iiooimt  i'holU'iifiv^  Join's,  master,  as  l)oat- 

l)nller.    81io  carried  four  boats,  and  three  men  to 

Bernhardt  UMiner, p.    eaeli  boat,  all  white  men,  who  used  shotguns  in 

hunting  tlie  seals.    •    *    • 
III  Jannnry,  1880,  1  again  shipped  from  Victoria,  llritish  Columbia, 
in  the  schooner  Walter  Rich,  Siewart,  master;  we  carried  six  boats  and 
one  stern  boat,  three  men  to  each  boat,  all  white  men,  who  used  ritles 
and  shotguns. 

1  went  sealing  as  deck  hand  in  thelJritish  schooner  Kate,  Ci\])t.  Moss, 
master,  in  IHST.     We  had  twenty  canoes  and  In- 

Neils  Ihnde,  p.  315.  diaii  huiiters  who  used  spears,  e.\c«;pt  in  calm 
weather,  when  they  would  use  shotguns.    *    *    • 

in  1888  I  left  victoria  on  the  Uth  of  Ai)ril  as  mate  and  interpretei 
on  the  British  nchuoner  Aranntth,  II.  F.  Hiewait,  master,  and  carried  six 
teen  canoes  while  sealing  on  thei'oastand  Indian  hunters  with  spears, 
but  in  calm  weather  they  use  shotguns.    •    *    • 

I  left  Victoria  on  the  L'Sth  of  May,  1889,  in  the  British  schoonei-  KaU; 
as  deck  liand,  with  ten  canoes  and  Indian  hunters  with  spears  and  shot- 
guns.   The  Indians  used  spears  chiefly.    *    *    • 

In  1890  I  left  Victoria  on  the  17th  of  January  in  the  British  schooner 
Pioneer,  Morgan,  master.  I  shii>pe(l  as  a  deck  hand.  We  had  live 
boats  and  white  hunters,  who  used  shotguns  and  riH<'s. 

We  had  six  boats,  four  men  to  a  boat,  two  boat 
Tho8.  Bradley,  p.  406.   pullers,  and  a  stealer  and  hunter.    We  killed  them 
with  rilies. 

On  or  about  February  21, 1890,  I  ship])ed  as  an  cable  seaman,  but  did 
service  as  a  boat-steerer  on  the  sealing  sclioimer 

Henry  Drown,  p.  317.      Minnif,  which  cleared  from  Victoria.    She  carried 

twelve  canoes  and  a  stern  boat.     Each  canoe  was 

manned  by  two  Indians,  who  used  s])ears  principally.    The  stern  boat 

was  manned  by  white  men,  who  used  rifles  and  shotguns,  principally 

shotguns.    I  acted  as  steererman  in  the  stern  boat.    *    *    * 

On  January  19,  1891,  I  shipped  at  Victoria  as  an  able  seaman  on  the 
sealing  schooner  Mascot,  Lawrence,  master.  She  carried  one  stern  boat 
and  ten  (!anoes.  The  canoes  were  manned  by  Indians,  who  used  sj)ears 
in  hunting  the  seals,  and  the  stern  boat,  in  which  I  ^,  is  steerer,  was 
manned  by  three  white  men.    The  hunter  used  a  shotgun.    *    *    * 

Oil  the  25th  of  February,  l'^92,  I  shipi)ed  at  Victoria,  British  Colum- 
bia, on  the  sealing  schooner  Maif  Belle,  Smith,  mastei".  She  also  car- 
ried ten  canoes,  each  being  iiianned  by  two  Indians,  who  used  the 
spear  in  hunting. 

I  went  sealing  in  1889  froi 

^.      „  ..  the  nan 

^Thos.IiroiniU\o.l),2>.  We  ha(. 

one  stei 
and  rifles.    *    *    * 

In  1890  I  went  sealing  again  in  the  schooner  Sea  Lion,  Madison, 
master;  had  Ave  boats  and  three  men  men  to  each  boat;  I  was  boat- 
pnller.    *    *    # 

In  1891,  in  the  month  of  February,  I  sailed  from  Victoria,  British 
Columbia,  on  the  schooner  Thistle,  Nicherson,  master,  on  a  sealing 
voyages  We  had  seventeen  boats,  and  three  men  to  each  boat,  all 
white  men. 


San  Francisco,  Cal.  (I  do  not  remeniber 

of  the  vessel);  Capt.  Scott  was  master. 

ive  boats,  three  men  to  each  boat,  and 

1  boat,  all  white  men;  we  used  shotguns 


VK.s.si;i>,  (H'lrir,  ktc. 


tcM',  US  l)oat- 
lircr  iiu'ii  to 
Hlioti^'uns  ill 

li  Coluinbiii, 
ix  boats  iiiid 
o  used  litk's 


Capt.  Moss, 
ocs  iind  lii- 
;])t  in  calm 
ins.    **    •    • 

iiitt'i'pretoi 
I  carried  six- 
witli  spears, 

loonor  Note, 
irsand  sliot- 

ishscliooiior 
Ve  had  flv« 


il,t\vo  boat 
ilvilledtlieiii 


laii,  but  did 
\}i  schooner 
She  carried 
I  canoe  was 
stern  boat 

princii)ally 

# 

man  on  the 
B  stern  boat 
ised  sj)ears 

teerer,  was 

*    *    * 

ish  Cobini- 
le  also  car- 

0  used  the 

remember 
'as  master. 

boat,  and 
il  shotguns 

,  Madison, 
was  boat- 

ia,  British 
a  sealing 

1  boat,  all 


We  had  six  boats,  tliree  meii  to  a  boat,  a  boat-pniler,  hunter,  ami 
HtiM'rer.  The,v  used  mostly  sliwtguns,  using  a  Thou.  Urutvn  (.\o.j),p. 
rillu  tor  long  range.  4U7. 


I  have  seven  hunters  and  seven  boats;  twenty- 
three  men  all  told  on  the  vessel. 


Cha$,  Campbell,  p.  250. 


The  weapons  used  l>y  pelagic  hunters  are  ritlcs,  shotguns,  and  spears. 
1  have  heard  of  nets  being  used,  and  have  seen 

one  on  board  asj'ah'r  (the  IJIiza  l'Jdicnrdn,  Mei-ing     .lohnC.CaHwidt,pAOS. 
Sea,  IH'.U),  but  know  nothing  of  it,  fmther  than 
mere  hearsay.    The  otlier  weapons  I  have  seen  in  use. 

The  vessels  I  went  out  in  had  from  four  to  six      Chaa.cimilaii,  p.  ■ill. 
boats  ea(;h.     ICaeh  boat  had  liiree  men,  a  hunter 
and  two  pullers. 

1  have  been  out  sealing  this  spring  along  the  coast  in  the  schooner 
JamcH  O,  SiPtdi,     We  have  been  out  three  times. 
Our  schooner  carried   lifteen  canoes,  each  one      cirvui  Jim,  p.  ;iSO. 
manned  by  two  Indians. 

I  wont  seal  hunting  in  188U  as  n»'ite  of  the  British  schooner  C.  II. 
Tm/)p<'»-,  (^apt.  Kelly,  map' cr.    Siie  carried  seven 
boats  and  white  hunters,  who  used  mostly  shot-      chrUt.  viauuen,  p.:i20. 
guns.    •    •    * 

In  1890  I  was  navigator  in  the  British  schooner  Minnie,  and  was 
equipped  wit'  canoes  and  Indian  hunters,  who  used  spears  chiclly.  *  *  * 

In  18l>i  I  went  as  navigator  in  tlie  same  vessel  and  with  tiie  same 
crew,  and  they  used  spears  in  hunting. 

In  1888  I  shipped  at  Vi(!toria,  British  Columbia,  as  a  boat-puller  on 
the  sealing  sehooner  Oncar  and   llatlie,  Gault, 
master.     She  carried  seven  boats,  each   being     Louia  Culler, p.'3Q,i. 
manned  by  three  white  men,  who  used  sh(jtguns.     »     •     * 

In  1889  I  shipped  at  Victoria  as  a  hunter  on  the  sealing  schooner 
Mofiffie  Mac.  She  carried  seven  boats,  each  manned  by  tliree  white 
men,  who  used  shotguns  in  hunting  the  seals.    •    *    • 

In  June,  1891,  I  shijjped  as  a  hunter  on  the  sealing  sehooner  Otto, 
Eiley,  master.  The  Olto  carried  three  sealing  boats,  each  manned  by 
white  men,  who  used  shotguns,  and  two  canoes,  manned  by  Indians, 
who  used  spears. 

We  had  six  boats,  each  boat  having  a  hunter,     John  Daiion,  p.  ii8. 
a  boat-puller,  and  stcerer. 

We  had  seven  boats  and  a  stern  boat,  and  Alford  Dardean,  p.922. 
three  men  to  a  boat. 

We  had  six  boats  on  board,  each  boat  having  a  boat-puller,  hunter, 
and  steerer.  We  used  shotguns.  We  also  had  Richard  Dolan  p  419. 
rides,  but  only  used  them  to  shoot  at  long  range.  ' 

Our  hunters  were  ordinary,  average  hunters.        i'etvr  Uuffy,  p.i2l. 


340 


METHOD. 


Geo.  FairvhiJd,  p.  423.  We  had  five  boats  on  board,  each  boat  having 
a  hunter,  boat-puller,  and  steerer.  Wo  used  shot- 
guns and  rides. 


Geo.  Fogcl,  p.  424. 


We  equii»i)ed  our  vessels  with  shotguns  and 
rifles. 


m 


Thos,  Fruzer,  p,  365. 


John  Fyfe,  p.  429. 


Geo.  Grady,  p.  433. 


We  had  seven  boats,  but  wo  had  only  four  white 
hunters;  ten  hunters  were  natives  from  ISeeah 
Bay  antl  Vancouver. 

We  had  six  boais  on  board,  ea 'h  boat  having  a 
hunter,  two  boat-pullers,  and  a  steerer,  foui-  men 
to  a  boat. 

I  went  to  the  Bering  Sea  in  188!)  upon  the 
Laura,  from  Victoria,  as  a  cook.  Wo  had  three 
small  V    its. 


E.  M.  Greeiilcaf,p.  324.      I  bad  six  canoes,  with  Indian  hunters,  who  used 
both  spears  and  shotguns. 

The  boat-steerer  is  supposed  to  be  the  most  intidligent  and  compe- 
tent niai!  on  the  boat,  as  he  has  charge  and  bears 
E.  M.  Grcenleaf, p.  325.  the  same  relation  to  the  boat  that  the  cai)taiu 
does  to  a  vessel. 

On  February  11, 1889,  I  sailed  from  Victoria,  as  a  boat-puller,  on  the 

scaling  schooner  Ariel,  Bucknian,  master.     tShe 

Arthur  Griffin,  p.  325.    carried  six  hunting  boats  and  one  stern  boat,  and 

had  a  white  crew,  who  use  shotguns  and  rifles  in 

hunting  seals.     •     *     * 

On  January  10,  1800,  I  sailed  from  Victoria  as  a  boat-steerer,  in  the 

schooner  Si-a  Lion,  Magason,  master.     *    *     * 

Our  vessel  carried  a  white  crew,  five  boats,  each  boat  manned  by 
tiiree  men.  We  (iapturcd  about  300  seals  from  San  Francisco  to  Cape 
Flattery,  by  the  use  of  shotguns  and  riiU's.     #     *    # 

I  went  out  sealing  again  the  same  year  on  the  E.  B.  Marvin,  McKiel, 
master.  I  shipped  as  a  boat-steerer.  Wc  had  a  white  crew  and  seven 
boats,  and  used  shotguns  and  rifles  while  hunting  the  seals. 


A.  J.  Guild,  p.  231. 


Their  hunters  were  all  natives,  who  came  from 
Neeah  Bay,  Washington. 


First  went  out  sealing  as  boat  ])uller  along  the  Northern   Pacific 

coast  about  the  liOth  of  June,  1S91;  sailed  from 

Jag.  lIarriaon,p.'62G.      Victoria,  British  Columbia,  in  the  schooner  Tri- 

nmph,  Whidden,  master.     We  had  two  boats  and 

one  stern  boat,  three  men  with  eacii  boat.    *     *    * 

I  sailed  again  about  February  lli,  1802,  in  the  same  vessel  and  the 
same  master.  We  carried  two  boats  and  three  men  to  each  boat,  all 
white  men  in  the  boats,  but  we  iiad  sixteen  Indian  canoes,  with  two 
Indians  in  each  canoe,  and  tlie  Indians  used  shotguns. 

I  went  on  a  sealing  voyage  in  1887  as  boat-steerer  on  the  American 
scluxmer    Vanderbilt,  ('a|)t.  Myers,  master.     She 
Jaa,  Haywardip. 321.      carried  six  boats  and  white  hunters,  who  used 
shotguns  and  rifles.    •    •    • 


boat  having 
A'e  used  skot- 


hotguns  and 


ily  four  white 
li'oui  iS'ceah 


>oiit  having  a 
er,  four  men 


89  upon  the 
''e  had  three 


irs,  who  used 

b  and  compe- 

ge  and  bears 

the  cai)taiu 


Killer,  on  the 
naster.  She 
rn  boat,  and 
and  rifles  in 

eorer,  in  tlie 

manned  by 
isco  to  Cape 

vin,  McKiel, 
\y  and  seveu 


)  came  from 


ern  Paciflc 
sailed  from 
looner  Tri- 
J  boats  and 

el  and  the 
li  boat,  all 
1,  with  two 

!  American 
ster.  She 
who  used 


VESSELS,    OUTFIT,    ETC. 


341 


In  l.SSS  I  wont  in  the  American  sfhouner  Chas.  D.  Wihnn,  Turner, 
master,  as  bont-steerer,  hunting'  otter  and  seaKs.  She  cai-ried  four 
boats,  with  white  nunters,  and  they  used  shotguns  and  rilles.     #    *    * 

In  18!)0  1  went  in  an  American  schooner  (I  <!an  not  give  her  name) 
as  boat  steerer.  Slie  carried  live  boats  and  had  white  hunters,  who 
used  both  shotguns  and  rifles.     *     *     * 

In  ISDl  I  weni  as  boat  steerer  in  the  American  schooner  Oity  of  San 
Dicf/o,  (ireorge  Weston,  master.  She  carried  five  boats  and  white  hun- 
ters, who  used  shotguns  and  rifles. 

The  first  season  and  the  last  two  our  hunters  were  all  white  men, 
but  on  my  second  cruise  we  (tarried  mostly  West 

Coast  Iiulians,  from  VaniMUiver  Island,  as  bun-    y<>rmaii  Hodgson, p. SGd. 
ters.     Tlu^  Indians  used  spears  principally,  while 
the  white  hunters  employed  breech-loading  firearms  (rifles  and  shot- 
guns) exclusively. 

In  March,  1887,  I  Joined  the  British  sealing  schooner  Mary  Taylor^ 
IMcKiel,  master.    *     *     *    JShe  carried  five  seal- 

ing-boats,  manned  with  three  white  men  each.      ■fa».  Jamieaon,  p.  329. 
There  were  three  Indians  Avitli  us  ])art  of  the 
season.    We  used  breech-loading  sliotguna  and  Winchester  rifles. 

In  January,  1888,  I  joined  the  Mountain  Chief,  Jacobaou,  master. 
*  *  *  She  carried  ten  canoes,  each  manned  by  two  Indians,  who 
used  spears  while  hunting  the  seal. 

In  January,  1881),  I  yhipped  as  a  boat-steerer  on  tae  British  sealing 
schooner  Tlicntm,  Lawrence,  niaster.  She  carried  six  boats,  including 
tlie  stern  boat.  Our  crew  and  hunteis  were  wliite  men,  and  w<>re 
eipiippcu  with  Winchester  rilles  and  breech-loading  shotguns,  with 
whi(;h  to  ca])ture  seals.     *     *     * 

In  January,  18!)(),  I  shipped  as  a  boat-steerer  on  the  sealing  schooner 
Mollic  Adnmii,  McKeil,  master.  She  carried  six  boats  and  a  white  crew, 
who  used  shotgui.s  and  rlHes.     *     *     * 

In  Januaiy,  18!)I,  I  st!ii>p(>d  as  a  seaman  on  the  British  sealing 
schooner  Mascot,  Lawr^'iic^!,  i., aster.  *  *  *  ()nr  vessel  carried  one 
stern  boat  manned  by  wnite  men,  and  eight  canoes,  with  two  Indians 
to  each  canoe.    *    *    * 

I  [then]  sliipped  as  a  seaman  and  hunter  on  the  British  schooner  Ven- 
turt'.  She  carried  ini  Indian  cn'w  and  six  canoes.  The  Indians  used 
spoiirs  and  breecli-loading  shotguns  while  hunting  the  seals.     •     •    # 

In  February,  18!)2,  I  joined  tlie  liritisii  sealing  schooner  Minnie,  Ty- 
son, master.  *  *  *  The  Minnie  was  etiuipped  with  three  sealing 
boats,  all  maimed  Avith  white  men. 

I  first  went   seal-hunting  in  1880  on  the  schooner  Oscar  and  Ilattic, 
She  had  six  boats  and  a  stern  boat,  three  men  to 
each  boat.  She  was  armed  with  shotguns  and  rilles.     '^<'"""  ^''''"'  P-  **^- 

In  1800  I  went  out  in  the  Walter  Rich.  She  had  eight  boats,  throe  men 
to  a  boat.  We  had  shotguns  and  rifles,  using  the  formci'  almost 
altogether. 

We  had  four  boats  aboard,  each  boat  having  a   «'«»»»»  Kennedy,  p.  449. 
hunter,  steerer,  and  boat-puller,  and  used  rides. 


Bi^: 


t"r 


342 


METHOD. 


Last  year  he  went  north  in  .schooner  Ariel,  and  si)ent  one  and  one- 
lialf  months  in  licrin;^  Sea,  with  a  erew  of  eij^ht 
lucliifina,  p.  30(5.  white  men  and  sixteen  Indians,  and  spent  half  of 


April  and  month  of  May. 


llecan^iht  1,080  .seal. 


My  vessel  carried  Indiaii  hunter.s  in  all  lier  trips  previous  to  thia 

year  (l.S!>2)  and  tiiey  used  canoes  and  s[»ears  in 

Andrew  Lning,  p.  33i.    huntiu.n'  seals  exelnsively.     Tiie  year  I  Avas  on  the 

Far«/v7r  slie  carrieil  Indinnhnnters  also,  who  used 

sjiears.     It  is  now  the  practice  to  hunt  alonj;-  the  coast  early  in  the  .sea- 

.son  from  the  Columbia  liiver  to  the  Bering  Sea,  and  enter  those  waters 

the  lore  i)art  of  .Inly.     *     *    * 

This  year  E  have  chaiij;ed  my  crew  to  white  hunters,  who  use  shot- 
guns and  rifles. 

James  E.Lcnvnu,p.?im.     In  the  year  1887  [T]  was  master  of  a  sealing 
schooner  clearin<4'  from  Victoria.      We  ha<l  eij^ht 
canoes  and  sixteen  AVest  coast   Indian   Ininters,  who  use  si)ears  and 
shotyiiMs,  the  former  almost  entirely,  however. 

The  .sealing  fleet  is  compri.sed  almo.st  exclusively  of  sniall  schooners, 
carrying  from  live  to  thirty  men,  some  of  the  crew 
laaao  lAvhefi,  p.  ^2.       being  exclusively  white  men  and  some  of  them 
mixed,  white  men  and  Indians,    They  are  fitted 
with  the  necessary  boats,  guns,  spears,  gall's,  water  butts,  and  other 
im])lementsre((uir(Hl  for  seal  killing  and  to  enable  tlie  iiunters  to  re- 
main away  from  the  vessel  in  their  boats  for  .several  consecutive  hours. 

I  have  convor.scd  with  the  captains  of  .several  marauding  schooners, 
and  others  wlio  were  em])loyed  in  i>elagic  .sealing 

A.  P.  Loud,  p.  39.  have  imformed  me  that  tlu^v  usu;illy  use  rilles  in 

shooting  seals  in  the  water.  Some,  however,  use 
shotguns,  but  to  no  great  extent. 


Thomas  Lyons,  p.  460. 


We  had  six  boats,  and  a  hunter,  boat-puller, 
and  steerer  for  each  boat,  and  used  shotguns. 


William    Mclsaac, 


161. 

William 
p.  161. 


P'      The  schooner  ha<l  four  hnntijig  boats,  and  each 
boat  had  a  boat-steerer,  a  iiuUer,  and  a  hunter. 


McT.autjhiin,      We  had  six  or  seven  boats  on  ')oard,  three  men 
to  a  boat,  and  we  used  shotguns  and  ritles. 


William 
462. 


I  went  to  the  Bering  Sea  on  the  Maggie  Ross  from  Victoria,  of  which 

Captain  Olsen  was  master.     I  shii)|)eil  as  a  boat- 

McLoiiiihU)!,    p,in,.,._     ^\^^,  ]^.^^l  ^i^  boats,  three  men  to  a  boat, 

and  we  used  Spencer  ritles. 

The  hunting  outfit  of  the  Otto  was  rather  limited:  One  seal-hunting 

boat,  which  I  will  designate  the  first  boat;  one 

li'obert  11.  MvManus,  p.  pleasure  boat,  heavy  and  clumsy,  the  second  boat; 

336.  and  one  Indian  hunter  and  one  canoeman  in  a 

canoe.  The  first  boat  was  manned  by  the  skip- 
])er  as  hunter,  an  acknowledged  expert  of  twelve  years'  experience, 
armed  with  a  No.  12  bore  dimble  barreled  .shotgun  by  Greener,  of  IJir- 
miugham,  and  one  Winchester  iei)eating  ritie,  and  a  crew  of  two  white 


le  and  one- 

j\v  of  eij>iit 

)eiit  half  of 

1,080  seal. 

ous  to  thia 
[  spears  in 
'.  was  on  the 
),  who  used 
in  the  sea- 
lose  waters 

0  use  shot- 


f  a  sealing 
I  had  eif'ht 
spears  and 


vScliooners, 
i)f  the  crew 
ne  of  them 
are  fitted 
and  otlier 
ters  to  re- 
tive  hours. 

schooners, 

gic  S»;llhlg 

se  rilles  in 
wever,  use 


oat-puller, 
)tguns. 

I,  and  each 
hunter, 

three  men 

ties. 

I,  of  which 
as  a  boat- 
to  a  boat, 

d  hunting 
boat;  one 
joud  boat; 
enniu  in  a 
the  skip- 
xperience, 
or,  of  Bir- 
two  white 


VESSELS,    OUTFIT,    ETC. 


34a 


men  as  pullers  and  steerers.  Tlie  second  boat  was  manned  by  two 
Swedish  seamen,  one  as  hunter  and  the  other  as  puller,  of  no  experi 
ence  whatever  in  the  business,  armed  with  a  Xo.  lO-bore  double-barreled 
shotgun.  The  <*anoe,  one  Indian  hunter,  and  one  canoeman,  armed 
with  tlie  Vancouver  Island  west  coast  spear  and  a  single-barrel,  muzzle- 
loader  shotgun,  this  latter,  I  was  informed,  merely  to  give  the  ([uietus 
to  the  harpooned  seal  iShould  occasion  require.  The  annnunition  used: 
Curtis  &  Harvey's  No.  r»  grain,  size  14,  in  kegs;  charge,  0  to  7  drams, 
and  irom  1.5  to  21  buckshot. 


We  had  eight  boats,  each  boat  having  a  boat- 
puller,   steerer,  and  hunter.     The   hunter   used 


James  Maloy,  p.  U)3, 


rifles  and  sliotguns. 


I   went   sealing  in    KSOt   in  the    Oi^car  and  Hitftie,  Gault,  master; 
*     *     *     we  had  six  boars  and  one  stern  boat, 
witli  three  men  to  each  boat  and  two  men  with  the 


stern  boat;  we  used  shotguns  and  rifl-^?. 


Thorual  Malhamn,  p. 
339. 


We  had  six  small  boats  on  board,  each  boat  having  three  men,  a 
hunter  and  two  men  to  pull.     They  shot  both  with 
rifles  and  shotguns.    The  rifle  was  considered  the    i-ddie  .\foiehead,pA67. 
best  to  use,  as  the  shotguu  would  wound  more. 

In  February,  1SS2,  I  went  sealing  from  Victoria,  liiitist  Columbia,  in 
the  schooner  Oaivard,  McCoy,  master.    I  shii)ped 
as  mate.    We  had  sixteen  canoes,  all  mann«!d  by    -loltii  .\forrin,p.-H:0. 
hnlians,  two  Indians  to  each  boat.     The  Indians 
used  spears  wliile  hunting  seals.     *     *    * 

About  the  last  of  April,  1883,  I  sailed  from  Victoria  on  a  sealing 
voyage  in  the  Omvard,  Morris,  nnister.  We  had  eighteen  canoes,  all 
manned  by  Indians,  two  to  each  canoe.    They  used  spears  as  weapons. 

About  the  1st  of  January  I  sailed  as  master  of  the  Alfred  Adamn  on 
a  sealing  voyage;  we  had  about  eighteen  canoes,  with  two  Indians  to 
each  canoe;  they  hunted  with  spears.    *     *     * 

In  February,  1SS.1,  I  sailed  from  Victoria,  British  Columbia,  on  the 
schooner  Seventy-Hu;.  Potts,  master.  We  had  three  boats  and  three 
men  to  each  boat;  had  a  white  crew.    *    #     * 

In  the  month  of  February,  1887,  I  sailed  from  Victoria,  British  Co- 
lumbia, in  the  schoimer  Hlack  J)i(tmond,  I,  Morris,  master.  We  had 
twenty-four  canoes,  each  manned  by  two  Indians.  The  Indians  used 
spears  in  hunting  tlie  seals. 

In  1887  I  went  sealing  in  the  Bering  Sea  on  the  British  or  Japanese 
schoonw  Ada.    I  do  not  know  the  name  of  her 
master,  but  lie  was  a  white  man.     She  carried    Monen,  p.  310. 
seven  canoes,  each  nnumed  by  two  Indians,  and 

on*'  stern  boat,  with  three  white  men.    The  Indians  hunted  with  spears 
and  the  white  men  with  guns    .#     *     * 

In  ISS!)  I  went  again  to  the  sea  in  the  sealing  schooner  .!///*«*>,  Jacob- 
son,  master.  She  carried  eight  canoes  and  two  boats.  Two  Indians 
who  used  spears  were  employed  in  each  canoe,  and  three  white  men, 
using  guns,  were  in  each  boat.  One  boat  with  three  white  men  got 
more  seals  than  one  canoe  with  two  Indiana.     •    *    • 


344 


METHOD. 


h 


In  1891 1  went  up  to  the  Buriiijj  Sea  in  the  saine  vessel,  and  she  had 
the  same  master  and  carried  the  same  number  of  boats  and  canoes. 

We  bad  six  boats,  each  boat  having  three  men,  a  boat  puller,  steerer, 
and  hunter.    We   used  shot-guns,  using  a  rifle  to 
John  O'Brwn,pA10.      shoot  at  long  range. 

We  left  Port  Townsend  in  February  and  cruisod  along  the  coast  from 
Grays  Harbor  to  Kyo<]uot  S»miid.   Our  crew  were 

Nelson  T.  Oliver, p.  372.  all  white  men,  of  whom  twelve  were  hunters  armed 
with  shotguns. 

We  left  Vancouver  for  Victoria  on  the  20  th  of  March,  and  fitted  out 

the  vessel,  leaving  Victoria  on  the  8th  day  of 

John  Olson, p.  ill.         April.     8he  carried  four  KJ-foot  boats  and  one 

stern  boat,  14  feet.    She  carried  two  men  to  the 

b.';>t,  one  to  pull  and  one  to  hunt. 

About  six  years  ago  I  went  to  Bering  Sea,  as  a  hunter,  on  the  sealing 
schooner  Favorite,  McCloan,  master.    She  carried 
Oaly,p.390.  one  stem  boat  and  ten  canoes. 

In  1882  and  1881 1  sailed  as  cook  in  the  British  schooner  Onward, 

x^     T.    ,         „.,      McCoy,  master.    She  carried  Indian  hunters  and 
Wm.  Parker,  p.  344.      ^^^^^^  ^^^^^  ^j^^  ^^^^^ 

In  1884  and  1883  I  sailed  as  cook  on  the  British  schooner  Thornton, 
Nelse,  master.  She  carried  Indian  hunters.  The 
yFm.  Parker,  p.  343.  Indians  used  spears  and  sometimes  would  have 
and  old  musket.    *    *    * 

In  1887  I  sailed  from  Victoria  as  hunter  and  interpreter  in  the  British 
schooner  Ada,  Gordon,  master.  She  carried  seven  canoes  and  one 
boat,  and  Indian  hunters  who  used  spears.     *    *    * 

In  1888  I  sailed  as  hunter  and  interpreter  in  the  British  schooner 
Alfred  Adams,  Worth,  master.  She  liad  Iiulian  hunters  and  carried 
ten  catioes  of  2  men  each.    They  used  spears  and  shotguns.    •    *    * 

In  1889  I  sailed  as  hunter  in  the  British  steamer  Ariel,  Buckner, 
master.  *   *  *   We  were  all  white  hunters  and  used  shotguns  and  rifles. 

I  went  sealing  in  1890  in  the  Walter  Rich,  Capt.  Cooper,  master. 
*  *  *  She  carried  six  boats  and  a  stern  boat.  The  hunters  were 
all  half-breeds,  except  myself. 

In  April,  188G,  I  went  seal  hunting  from  Victoria  in  the  schooner 

Mountain  Chief,  Jacobsoii,  master.     Our  schooner 

Chas.  Peterson,  p.  345.  carried  ten  canoes,  each  manned  by  two  Indians, 

who  hunted  with  s])ears.    *     *    * 
In  the  spring  of  1887  I  went  on  a  sealing  voyage  from  Victoria,  as  a 
boat-puller,  in  the  schooner  Alfred  Adams,  Dyre,  master.     She  carried 
one  stern  boat  and  two  Indian  canoes.    We  had  a  white  crew,  but  the 
canoes  were  manned  by  two  Indians  each. 

In  April,  1890, 1  went  sealing  in  the  Minnie,  Jacobson,  master.  She 
carried  fourteen  canoes,  manned  with  Indians, 

Chas,  Peterson,  p.  346.      two  Indians  with  each  canoe,  who  used  spears. 

*    •    • 

In  January,  1891, 1  left  Victoria  on  a  sealing  voyage  in  thes  chooner 
Minnie,  Dillon,  master.  We  carried  two  boats  manned  by  white  men, 
and  ten  canoes,  each  manned  by  two  Indians,  who  used  shotguns. 


\ 


■■■■■ 


■■Hi 


VESSELS,    OUTFIT,    ETC. 


345 


lid  she  had 
cauoes. 

ler,  steerer, 
ig  a  rifle  to 

coast  from 
r  crew  were 
ters  armed 


I  fitted  out 
!tli  day  of 
8  and  one 
uen  to  the 


he  sealing 
he  carried 


r  Omvard, 
inters  and 


Thornton, 
ters.  The 
}uld  have 

he  British 
and  one 

schooner 

d  carried 

*    *    * 

Buckner, 
lud  rifles, 
master, 
iers  were 


schooner 
scliooner 
Indians, 

>ria,  as  a 

e  carried 

but  the 


er.    She 
Indians, 
spears. 

chooner 
ite  men, 
ms. 


I 


I  went  out  sealing  as  boat-steerer  on  the  British  schooner  Penelope, 
Capt.  Steel,  master;  I  think  it  was  in  the  year 
1888  when  I  went  in  her.    She  had  live  boats  and     Edwin  P.  i'orter,i).  34G. 
white  hunters.    They  used  shotguns  and  rifles; 
shotguns  chiefly. 

In  1889  I  went  as  boat-steerer  on  the  British  scliooner  Ariel,  Capt. 
Eucknam,  master.    She  had  six  boats  and  four 
canoes.    Carried  both  white  and  Indian  liunters.      Edwini'.ro>ter,p.3i7. 
White  hunters  used  shotguns  and  rifles.    Indians 
used  spears,  chiefly.    *    *    * 

In  1891  I  sailed  as  boat-steerer  in  the  British  schooner  Umhrina, 
Capt.  Campbell,  master.  She  carried  seven  boats  and  had  white  hun- 
ters, who  used  shotguns  and  rifles.    *    *    * 

This  year  I  went  as  boat-steerer  in  the  British  steamer  Thhile.  She 
had  six  sealing  boats  and  two  whaling  boats,  and  carried  white  hunters 
with  shotguns  and  rifles. 

On  January  14,  1800,  I  sailed  as  a  boat-pnller  from  Victoria,  British 
Columbia,  on  the  British  sealing  schooner  Maggie 
Mac,  Dodd,  master.    She  carried  six  sealing  boats      Wm.  Short,p.  348. 
that  were  manned  by  3  white  men  each,  who  used 
breech-loading  shotguns  and  rifles.    »    •    * 

In  July  1891, 1  sailed  out  of  the  port  of  Victoria,  British  Columbia,  as 
a  hunter  on  the  British  sealing  schooner  Otto,  O'Keily,  master.  She 
carried  one  stern  boat,  manned  with  three  white  men. 

We  had  six  boats  on  board  [the  Penelope,  in  1884],  each  boat  having 
a  boat-puller,  a  hunter,  and  a  steerer.    We  used 
shotguns  mostly,  except  for  long  range  we  used     Jae.Sloan,pAn. 
rifles.    *    *    * 

We  had  nine  boats  [on  the  Arctic  in  1889],  four  on  one  side  and  five 
on  the  other.    Each  boat  had  three  men.    *    *    * 

We  had  six  boats  [on  the  Flying  Mist  in  1871],  four  men  to  a  boat; 
two  boat-pullers,  steerer,  and  hunter.    We  used  rifles  for  shooting. 

I  went  sealing  in  May,  1891,  as  boat-puller  in  the  steamer  Thistle, 
Nicherson,  master.    She  carried  seven  boats  and 
one  stern  boat,  all  white  crew,  and  three  men  to     'fohn  A.  Swain, p.  350. 
each  boat.     *    *    * 

In  February,  1892,  I  again  shipped  in  the  schooner  Geneva,  O'Lery, 
master;  she  carried  sevo'^  boats  and  one  stern  boat,  and  three  men  to 
each  boat;  I  was  boat  stv. erer. 

We  had  seven  boats  on  the  Allie  Alger,  each     Jdolph  W.  Thompson, 
boat  having  three  men,  a  boat-puller,  a  steerer  P-^^- 
and  hunter. 

While  master  I  was  also  engaged  in  shooting  seals.    I  used  both  a 
rifle  and  double-barreled  shotgun;  the  rifle  for 
shooting  "travelers"  and  the  shotgun  for  shoot-     Michael  White, p. i90. 
ing  sleeping  seals.     The  City  of  San  Diego  had 
four  boats.    Each  boat  had  a  hunter  and  two  men  to  pull.    The  Terese 
had  five  boats  similarly  equii)ped.    The  Lottie  Fairfield  had  six  boats 
Birailarly  eqiiipped, '  The  Undaunted  had  four  boats. 


346 


MKTHOD. 


INDIAN   HINTERS. 


k* 


i-'ll 


f?H!^  ' 

, 

Akatoo,]).  237. 


Page  189  of  The  Case. 

Have  always  taken  seal  with  .spear  and  shot- 
gun ;  never  used  a  rifle. 


There  are  two  methods  of  takin*  seal  in  the  water  pracfticed  on  the 
Northwest  coast;  white  men  employ  firearms ex- 

A.  It.  Aic.ran(ici;i).sr>2  clusively,  while  tlie  native  Indians  generally  use 
si)earN.  The  most  exjx'rt  of  these  spearmen  are 
the  Neah  Hay  Indians,  and  as  seal  hunters  tliey  surpass  all  others.  An 
ex])crt  white  hunter,  even  with  the  best  of  firearms,  can  not  compete 
with  them,  for  when  he  approaches  a  group  of  sleeping  seals,  all  in 
close  proximity  to  one  another,  he  can  not  exi)ect  to  get  more  than  one 
of  the  number.  Tlie  noise  of  Ins  gun  will  startle  all  others  within  a 
radius  of  a  quarter  of  a  mile  or  more,  tliereby  destroying  all  chance  of 
catching  another  seal  asleej).  It  sometimes  happens,  however,  that  a 
skilled  hunter  will  capture  two  or  three  out  of  a  group,  bnt  such  cases 
are  exce]»tions  rather  than  the  rule.  It  is  dittcrent  with  an  Indian 
hunter  who  uses  a  spear;  he  silently  approaches  the  sleeping  victim 
and  noiselessly  iinrls  his  spear  at  it  with  a  deadly  aim,  and  the  only 
thing  heard  is  the  hard  breathing  and  shishing  of  the  seal  as  it  fights 
for  liberty. 

The  spear  whicli  the  Xeah  Hay  Indians  use  is  double  pronged,  which 
in  their  hands  is  n  formidable  weapon.  The  shaft  is  12  feet  long,  and 
made  of  cedar;  tlie  prongs  are  hard  wood,  one  ;iO  and  the  other  18 
iiuihes  long,  about  4  inches  apart  at  the  ends,  and  pointed.  The  prongs 
and  sliaft  are  scarped  together  and  held  in  place  by  a  serving  of  small 
cotton  line.  The  long  iirong  is  a  continuation  of  the  shaft,  but  the 
short  one  projects  o(f  at  a  slight  angle.  The  spearheads  are  made  of 
bone  and  steel,  with  a  single  barb  at  the  sides  and  a  socket  in  the  butt, 
into  which  the  ends  of  tlie  prongs  are  fitted.  In  the  mirMle  of  the 
spearhead  is  a  hole,  into  which  is  bent  a  lanyard  made  of  whale  sinew, 
which  is  sewed  with  cotton  twine  to  prevent  it  from  chafing.  To  the 
lanyard  is  fastened  the  s[)ear  rope,  which  in  early  years  was  also  made 
of  whale  sinew,  or  other  durable  material,  but  now  cotton  line  is  used 
as  a  substitute,  it  being  much  easier  procured,  and  answers  the  purpose 
equally  as  well.  The  si)earheads  are  held  in  position  by  the  spear  rope, 
which  is  hauled  taut  iind  fastened  to  a  whalebone  becket  at  the  end 
of  the  shaft.  In  tlirowing  the  spear,  two  fingers  of  the  right  hand  are 
placed  over  a  small  flat  handle,  the  other  hand  acting  as  a  rest  upon 
which  the  spear  is  balanced.  When  the  spear  is  thrown  the  long 
prong  is  held  uppermost.  The  reason  for  this  is  that  if  it  should  pass 
over  the  back  or  head  of  the  seal  the  short  prong  will  be  sure  to  strike 
it.  As  soon  as  a  seal  is  struck  the  spearheads  slip  from  the  prongs 
and  the  rope  from  the  becket.  No  notice  is  taken  of  the  shaft,  as  it 
can  be  picked  up  after  the  prize  has  been  secured. 

As  an  illustration  of  this  method  of  taking  seals,  I  give  in  detail  one 
of  my  experiences:  On  the  afternoon  of  April  23  I  went  out  in  one  of 
>ur  canoes,  mansiged  by  two  Neah  Bay  Indians,  father  and  son.  The 
weather  being  pleasant  and  sea  smooth,  sail  was  set,  and  with  the  as- 
sistance of  paddles  we  made  good  speed  in  a  southwesterly  directi(m. 
Two  men  usually  go  in  a  canoe;  one  handles  a  spear  and  the  other  a 
steering  pachlle.  No  great  importance  is  attached  to  the  man  who 
steers,  as  it  requires  no  special  skill  to  keep  the  canoe  on  the  course  dc- 


'pear  and  shot- 


>raeticed  on  the 
)]oy  flreaiinsex- 
8  geneniJly  use 
i  spearmen  are 
all  others.    An 
tn  not  compete 
ng  seals,  all  in 
t  more  than  one 
•thers  witliin  a 
ig  all  chance  of 
lowever,  that  a 
but  such  cases 
with  an  Indian 
ileeping  victim 
II,  and  the  only 
al  as  it  flglits 

>rongcd,  which 
feet  long,  and 
I  the  other  18 
1.  The  prongs 
srving  of  small 

shaft,  but  the 

are  made  of 

:et  in  the  butt, 

nii(MIe  of  the 
f  whale  sinew, 

Hng.  To  the 
ivas  also  made 
n  line  is  used 
rs  the  purpose 

he  spear  rope, 
et  at  the  end 
■ight  hand  are 

a  rest  upon 
iwn  the  long 
t  shonld  pass 

sure  to  strike 
1  the  prongs 
e  shaft,  as  it 

in  detail  one 

out  in  one  of 
nd  son.    The 

with  the  as- 
ily  direction. 

the  other  a 
he  man  who 
lie  cou.r.se  do- 


INDIAN    HUNTKRS. 


347 


sired;  but  to  the  skill  of  the  one  who  stands  in  the  bow  and  throws  tlie 
spear  depends  the  success  of  the  hunt,  and  if  he  should  be  so  unfor 
tunate  as  to  miss  several  seals  in  succession  his  dusky  partner  in  the 
stern  thinks  himself  justified  in  using  strong  language.  All  seal- 
hunting  canoes  carry  a  small  sprit  sail  made  of  drilling,  which  can  be 
set  aud  taken  in  very  quickly  with  little  or  no  noise.  Oars  and  paddles 
are  both  used ;  the  former  when  a  long  passage  is  to  be  made,  the  hit 
ter  when  among  seals.  The  spearman  always  keeps  a  lookout  for  seals, 
and  stands  upon  one  of  the  forwsird  thwarts,  with  one  hand  resting 
against  the  mast  to  steady  himself.  In  this  position  he  commands  a 
good  view  on  either  side  and  ahead.  It  is  not  to  be  understood,  how- 
ever, that  the  man  in  the  stern  keeps  no  watch,  for  his  eyes  are  ever  on 
the  alert,  but  his  lower  position  prevents  him  from  seeing  any  great 
distance.  As  soon  as  a  seal  is  siglited  the  sail  is  taken  in,  rolled  up, 
and  idaced  where  it  can  not  make  a  noise  by  thumping  against  the  side 
or  on  the  thwarts.  The  gaff  and  killing  clubs  are  placed  in  a  handy 
position,  aiul  the  spear  examined  to  see  if  everything  about  it  is  strong 
and  in  good  working  order.  If  the  seal  is  some  distance  away  both  the 
men  paddle,  but  if  close  by  only  tlie  hunter  at  the  stern  paddles,  the 
direction  being  indicated  by  a  wave  of  the  hand  from  the  man  in  the 
bow. 

Silently  the  sleeper  is  approached,  all  unconscious  of  its  danger.  If 
the  coveted  prize  should  shows  signs  of  uneasiness,  no  risk  is  taken,  and 
'ohe  hunter  throws  his  spear  when  within  40  or  50  feet  of  it.  He  seldom 
misses  the  mark  even  at  this  distance,  but  will  always  approach  nearer 
if  possible.  At  the  end  of  an  hour  we  saw  our  first  seal  about  a  (piartcr 
of  a  mile  ahead.  The  canoe  was  kept  off  under  its  lee,  the  sail  taki'ii 
in,  and  everything  put  in  readiness  for  action.  Cautiously  we  paddled 
towards  the  prey,  care  being  taken  not  to  make  the  slightest  noise. 
We  had  approaiihed  within  about  40  feet  when  the  sesil  began  to  grow 
restless,  as  if  it  was  dreaming  of  danger.  The  hunter  stood  braced,  spear 
in  hand,  and  with  true  aim  he  hurled  it  with  all  his  force  at  the  sleep- 
ing object.  In  an  instant  the  scene  of  repose  was  changed  into  one  of 
intense  excitement  and  pain.  With  a  jump  the  seal  instantly  disap- 
peared below  the  surface,  but  not  to  escape,  for  when  once  a  spear  be- 
comes fastened  to  an  object  it  seldom  pulls  out.  Soon  it  came  up  to 
breathe  and  renew  its  desperate  struggle  for  liberty.  It  stood  in  the  water 
facing  us,  with  its  body  half  exposed  as  if  taking  in  tlie  situation,  und 
with  a  kind  of  low,  piteous  growl,  as  though  it  realized  its  end  was  near, 
it  renewed  the  contest.  It  fought  madly,  diving,jumping,  andswiinming 
with  great  speed,  llrst  in  one  direction  and  then  in  anotlier,  sometimes 
on  one  side  of  the  canoe  and  then  on  the  other,  the  Indian  all  the  time 
holding  on  to  the  spear  rope,  trying  to  draw  the  seal  near  tlie  canoe  so 
as  to  strike  it  on  the  head  with  the  killing  club.  In  its  frantic  efforts  to 
escape  it  bit  at  the  line  several  times,  but  soon  abandoned  the  idea  of 
gaining  its  freedom  in  such  a  manner  and  again  resorted  to  jumping 
and  diving.  The  loss  of  blood  soon  caused  it  to  grow  weak,  and  after 
a  fight,  which  lasted  perhaps  five  minutes,  it  ceased  to  struggle  alto- 
gether and  was  hauled  to  the  side  of  the  canoe  and  dispatched  with 
the  club. 

In  a  few  minutes  another  seal  was  observed  asleep  a  short  distance 
away;  again  sail  was  taken  in  and  the  same  precautionary  means  used 
as  before.  This  individual  was  approached  within  25  feet,  and  so  good 
a  mark  was  it  that  the  spear  was  driven  nearly  through  the  body.  It 
died  almost  immediately,  and  from  the  time  it  was  struck  until  it  was 


348 


METHOD. 


m 


landed  in  the  bottom  of  the  canoe  did  not  ((ocnpy  more  than  three 
miimtcs. 

We  had  not  proceeded  far  on  our  course  wlien  two  seals  were  sighted 
ch)8e  tofjetlier.  They  were  so  near  each  other  tliat  it  was  impossible 
to  spear  one  without  waking  the  other,  so  the  larger  one  of  the  two  was 
selected.  As  soon  as  it  was  struck  the  other  awoke,  and  with  a  few 
jumps  was  out  of  danger,  leaving  its  companion  to  perish  alone.  We 
soon  found  that  this  seal  was  going  to  make  a  hard  fight  and  would 
probably  give  us  no  little  trouble.  It  jumped  and  dived  in  quick  suc- 
cession, pulling  at  the  spear  rope  with  sufficient  force  to  move  the 
canoe  about  in  a  lively  manner,  and  on  two  oiMjasions  the  Indian  who 
was  "playing"  it  had  to  let  go  of  the  line  altogether  to  save  himself 
from  being  pulled  overboard.  This  kind  of  work  was  very  severe  on 
the  hands,  but  the  Indian  held  on  regardless  of  bleeding  fingers. 
When  the  seal  would  come  to  the  surface  to  breathe  a  little  slack  rope 
would  be  gathered  in,  only  to  be  lost  much  quicker  than  gained.  And 
so  they  fought;  first  the  hunter  and  then  the  seal  would  have  the  ad- 
vantage of  the  situation,  and,  at  the  end  of  eight  or  ten  minutes,  the 
seal  apparently  was  as  fresh  as  when  first  8tru«!k.  it  looked  as  if  the 
fight  might  last  for  a  considerable  length  of  time,  which  of  course  did 
not  suit  the  Indians.  In  order  that  tliere  should  be  no  mistake  about 
the  result  of  the  fight,  an  old  rifle  was  l)r()ugiit  forth  from  the  bottom 
of  the  canoe.  Watching  his  opportunity  when  the  seal  was  making 
one  of  its  leaps,  the  hunter  in  the  stern  fired.  He  missed  the  mark 
twice,  but  tiiese  failures  did  not  by  any  means  prove  him  to  be  a  poor 
shot,  for  a  person  who  can  hit  a  seal  that  is  jumping  wildly  about  in 
every  direction  at  the  end  of  a  spear  line  is  indeed  a  good  marksman. 
A  third  shot,  however,  took  effect,  and  the  battle  was  decided. 

Close  (juarters  evidently  did  not  suit  the  seal,  for  it  showed  its  teetli 
in  a  very  unfi-iendly  nmnner,  and  on  one  occasion  set  them  in  the  side 
of  the  cauoe.  This  act  was  the  only  false  movement  the  seal  had  nuide 
since  the  fight  began,  and  it  i)aid  the  penalty  with  its  life;  a  rifle  ball 
was  put  through  its  body  and  a  club  landed  on  its  head  at  the  same 
time.  Upon  examination,  after  being  hauled  into  the  boat,  we  found 
that  the  spear-head  had  passed  through  its  right  flipper,which  accounted 
for  the  long  fight,  as  it  could  use  its  other  flippers  to  good  advantage. 

Prosperity  has  the  same  effect  upon  Indians  as  upon  white  men,  and 
soon  sail  was  made  and  a  sharp  lookout  kept  for  others.  Two  more 
were  observed  di  ving  the  afternoon,  one  of  which  was  captured  very 
easily.  The  other  was  awake  and  came  up  a  short  distance  away  with 
a  red  rockfish  in  its  mouth.  This  fact  indicates  that  there  are  shallow 
spots  in  this  vicinity  (Lat.  58°  58'  north;  Long.  141°  7'  west)  where 
seals  feed.  Indeed,  it  may  be  one  of  the  favorite  feeding  grounds  when 
in  northern  waters,  for  it  has  long  been  reported  that  many  fishing 
banks  exist  on  the  Fairweather  grounds.  This  was  the  last  seal  seen 
during  the  day  by  us.  A  fresh  breeze  sprang  up,  accompanied  by  a 
short,  olioppy  sea,  and  in  couseque?ice  we  were  obliged  to  return  to  the 
ship,  where  we  arrived  about  0  p.  m. 

Have  used  a  spear  for  taking  seal  all  my  life, 
Wilton  G.  Bennett,  p.  S56.  but  when  seal  are  wild  sometimes  I  used  a  shot- 
gun. 

The  Indians  make  a  sure  work  of  it,  and  secure  nearly  every  seal 
that  they  spear.    They  do  not  make  so  much  noise 

Henry  Brown,  p.  318.  in  approaching  a  sleeping  seal  as  the  white  hunt- 
ers do.    When  an  Indian  in  a  cauoe  is  approach- 


than  three 

ere  sighted 
impossible 
he  two  was 
with  a  few 
ilone.  We 
and  would 
quick  suc- 

move  the 
udian  who 
Lve  himself 
severe  on 
\g  fingers, 
slack  rope 
ned.  And 
ve  the  ad- 
inutes,  the 
1  aa  if  the 
course  did 
uake  about 
;he  bottom 
as  making 
1  the  mark 
>  be  a  poor 
y  about  in 
narksuian. 
id. 

d  its  teeth 
u  the  side 
had  made 

rifle  ball 
the  same 
we  found 
iccounted 
Ivantage. 
men,  and 
Two  more 
iired  very 
way  with 
-e  shallow 
it)  where 
nds  when 
ly  fishing 
seal  seen 
lied  by  a 
ru  to  the 


my  life, 
L  a  shot- 


rery  seal 
ich  noise 
ite  hunt- 
jproach- 


INDIAN    HUNTERS. 


349 


ing  a  bunch  of  seals  asleep  on  the  water  he  does  not  remove  his  paddle 
from  the  water,  but  dexterously  and  noiselessly  moves  it  in  the  water, 
because  the  least  sound  would  awaken  the  seals.  The  hunter  who  uses 
a  gun  not  only  disturbs  the  seal  he  shoots,  but  awakens  and  disturbs 
the  otiiers,  who  then  make  their  escape. 

The  spears  with  which  ray  people  hunt  seals  almost  exclusively  is 
similar  t(»  the  harpoon  used  by  us  in  killing  whales, 
only  it  is  smaller.     It  has  a  handle  about  14  feet     Peter  Brown,  p.  378. 
long,  that  will  come  ott'  when  the  harpoon  sinks 
into  the  seal,  and  the  iron  head  is  secured  to  the  boat  with  a  line  about 
70  tcet  long.     In  throwing  the  spear  we  use  both  hands,  and  if  we  hit 
are  almost  sure  to  get  him. 

I  hunted  with  shotgun  and  rifle,  but  mostly     Jas.  L.  Carthout,  p.  i09. 
with  shotgun. 


I  never  hunted  seals  with  a  gun;  neither  have 
I  been  in  the  Bering  Sea. 


Charlie,  p.  305. 


In  early  days  the  spear  was  used  in  taki  ng  seal,     Simeon  Chin-koo-tin,  p. 
but  now  the  shotgun  and  ritie  are  used  exclu-  ^^^• 
sively. 

In  spearing  seals  I  use  a  harpoon  with  either  one  or  two  barbs,  sind- 
lar,  but  smaller  than  that  used  iu  taking  whales. 

The  harpoon  has  a  handle  about  12  or  14  feet  long,  Jaa.  Claplanhoo,  p.  381. 
and  a  strong  line,  about  70  feet  long,  is  attached 

to  the  barb,  the  other  end  of  which  is  fastened  to  the  canoe.  We  throw 
the  spear  at  a  seal  with  both  hands,  and  when  the  spear  or  harpoon  hits 
a  seal  the  barb  becomes  detached  from  the  handle  but  is  securely  fast- 
ened in  the  body.  The  handle  floats  upon  the  water  and  is  afterwards 
secured  and  is  used  again.  I  lose  but  very  few  seals  that  I  hit  with 
the  harpoon. 

When  I  was  a  boy  spear  was  used ;  now  a  shot-    Charlie  Dahilin,  p.  278. 
gun  and  rifle  are  exclusively  used  for  taking  seal. 

It  was  while  the  seals  were  asleep  on  the  water,  as  a  rule,  that  the 
Indian    hunters    succeeded  in  cai)turing  them 
with  the  si)ear,  and  this  is  the  reason  they  lost   ja$.  Dalgarduo,  p.  364. 
but  very  few  of  what  they  killed. 

I  have  always  hunted  in  canoes  and  with  spears,  and  years  ago  would 
kill  a  great  many  seals.     I  wjis  up  in  the  Bering 
Sea  sealing  in  1889  and  have  not  been  there  since.    Frank  Davis, p.  383. 
All  the  other  years  I  have  been  seal  hunting 
along  the  coast  between  Grays  Harbor  and  Barclay  Sound. 

Have  hunted  seal  off  Prince  of  Wales  Island  in  the  spring.    In 
former  years  I  used  so  catcli  seals  with  a  hook  by 
paddling  up  close  to  them  when  they  were  sound    Echor,p.  279. 
asleep  and  hooking  them.  Can't  use  the  hook  now 
as  the  seal  have  become  very  wild  since  they  are  hunted  so  much  by 
schooners.    Now  I  use  the  shotgun  exclusively  for  taking  seal.     Very 
seldom  I  lose  one,  as  I  always  shoot  them  close  to  the  boat. 


350 

ChiiJ'  rnitik,  i>.2S0. 


MF/niOD. 
Have  hunted  t'lir  seal  in  canoes. 


Niroii  crrijoroff  ctat.,p.    We  UHo  fire  arms  (riHoH  ami  shotguns)  princi- 
-•^^-  pi^Hy)  in'<l  liuiit  in bidaikas. 


hhka,  p.  387. 


I  have  always  used  spears  while  hunting  the 

seals  in  eanoes. 


Wlien  I  first  began  hunting,  spears  and  arrows  were  used  for  seal- 
ing.    Now  tlie  shotgun  has  come  into  general 
Mike  Kethtmiiick,p.  2G2.use,  and  a  few  seals  are  taken  with  a  rifle. 


C.  Klauaiieik,  p.  203. 

nobert  Kooko,  p.  206. 
Jiio.  Kowinevt,  p,  264. 

sively. 

Geo.  Lacheek,  p.  2GI. 
instead. 


A  long  time  ago  1  hunted  seal  with  a  spear,  but 
of  late  ycuirs  have  used  the  shotgun. 

I  have  used  the  spear  and  shotgun. 

In  early  days  I  used  spear  altogether;  of  late 
years  the  shotgun  and  rifle  have  been  used  exclu- 


In  early  days  spear  and  arrow  was  used  exclu- 
sively, but  now  the  shotgun  and  rifle  are  used 


Indian  liunteis  will  not  stay  out  over  ten  days  at  a  time  when  we 

are  on  tlie  coast,  so  we  have  to  come  in  and  out 

AiHlmv  Lai,uj,p.  335.      ^^^^^  ^,^.j^,^^ 

Thomas  Lowe,  p.  371.         During  the  flrst  seven  years  I  used  the  spear  in 
hunting  seals.    This  year  I  have  used  the  shotgun 
part  of  the  time. 

Have  seen  and  taken  the  first  seal  off  Cape  Flattery.  When  seal 
are  taken  ott(Jape  Flattery,  Indian  hunters  were 

JaynesMcEcen, p.  2G1.  employed,  who  used  spears.  Farther  west  the 
shotgun  was  used. 

The  spoar  used  by  the  Vancouver  Island  Indians  for  seal  hunting  is 
10  feet  h)ng  in  the  shaft,  tapering  off  towards  the 

Bobert  II.  WLJfrt««8,  ends,  and  thus  well  balanced.  At  the  point  the 
^'      ■  shaft  forks  off  into  two  prongs,  on  which  the 

spear-head  or  liari)oons  fit  easily,  being  attached  to  the  shaft  by  a  cod 
line,  which  runs  up  to  the  butt,  where  it  is  caught  in  a  bight  and  held 
round  the  thumb  of  the  right  hand.  On  being  projected  the  shaft 
separates  from  the  har[)oon8  and  floats  on  the  water  unheeded  till  the 
seal  is  secured.  But  few  are  missed.  Any  that  escape  wounded  only 
suffer  from  a  flesh  wound  of  L'.^  inches  in  depth.  Once  the  harpoon 
l)ierces  the  skin  beyond  the  barbs  the  only  possibility  of  escape  lies  in 
the  chance  of  the  line  breaking.  This  system  of  capture  is  both  eco- 
nomical from  a  business  standpoint,  as  well  as  that  of  being  almost,  if 
not  entirely,  less  destructive  to  seal  life,  as  compared  with  modern  arms 
of  precision. 


Moses,  p.  310. 


■!■  ih 


In  hunting  with  the  spear  we  make  but  little 
noise  and  get  almost  all  that  we  hit. 


juns)  princi- 


huuting  the 


led  for  seal- 
into  general 
,  rifle. 

[  a  spear,  but 


her;  of  late 
I  used  exclu- 


)used  exclu- 
fle  are  used 


ne  when  we 
e  in  and  out 


the  spear  in 
the  shotgun 


When  seal 
lunters  were 
er  west  the 


il  hunting  is 
towards  the 
le  point  the 
which  the 
aft  by  a  cod 
:ht  and  held 
d  the  shaft 
3ded  till  the 
Dunded  only 
the  harpoon 
scape  lies  in 
is  both  eco- 
ig  almost,  if 
aodern  arms 


ce  but  little 


INDlxVN    HTNTHHS. 


351 


1  have  iilwiiys  hmifed  with  a  spear  ami  never      ivilson  i'niL,i;i>.'i\)± 
with  a  {•nil,  ciiul  have  never  been  in  Bering  y*?;!. 

Seals  were  eanght  by  theni  [the  Indians]  with  spears  and  but  few 
wei'e  lost;  but  since  the  siiot  gnn  has  come  into 
use  a  great  numy  are  destroyed  and  lost.  Charles  i't'Uriion,p.  2IG. 

United  States  IIeveni'k  Steamkij  (*oh\vin, 

ISitlca,  AUmliO,  May  I,  1802. 

Cajtt.  C.  L.  HoorEU,  U.  S.  K.  M., 

Comminiflhtg: 

Sir:  1  herewith  respectfully  offer  the  following  notes  relative  to  pe- 
lagic sealing  derived  from  observation  and  per-  j.  if.  quuhih.  Vol.  I, p. 
sonal  experience.  f>ut. 

In  obedience  to  your  orders  I  ae(!onipanied  two  Neah  I>ay  Indians, 
Chad  and  Wilton  by  name,  May  1  and  L*,  oft"  Sitka  Sound,  to  hunt  seal. 
The  canoe  we  used  is  of  the  Neaii  Uay  ty])e,  hollowed  (mt  of  white 
cedar,  24  feet  long,  .'ii  feet  beam,  an<l  20  inches  deep,  brai-ed  by  thwarts 
secured  to  the  sides  by  cedar  twigs,  tlu'  stern  rising  abruptly  10  inches 
and  stem  projected  forward  and  rising  gradually  to  2  lect  alK)ve  the 
gunwale,  the  latter  terminating  in  a  figurehead,  wiiich,  with  the  long- 
prow,  resembles  some  fancilul  animal,  not  unlike  a  girafle.  In  this 
head  is  cut  a  notch,  on  which  the  sj>ear  rests  when  reatly  for  use.  A 
rifle,  shotgun,  spear  and  line,  mast  and  sail,  two  jculdles,  a  i)air  of 
oars,  gaff  pole,  short  club,  aprismaticshai>ed  wooden  bailer,  and  a  box 
of  ammunition  and  bread  completed  the  outfit.  After  leaving  the  ship, 
the  Indians,  one  sitting  in  the  stern  w'ith  his  paddle,  and  the  other  in 
the  bow  with  his  oars  pulled  to  windward,  this  being  invariably  tlu' 
rule,  as  it  is  in  this  direction  the  seal  must  be  approached.  We  had 
l)ulled  several  miles  without  seeing  anything,  when  suddenly  the  steers- 
man gave  the  canoe  a  shake  and  pointed  in  silence  to  a  seal  7.^  yards 
distant,  lying  on  its  back  in  the  water,  apparently  asleep.  Its  ilipi»eis 
were  raised  in  the  air  and  moving  listlessly  from  side  to  side,  as  if 
fanning  itself.  The  bowman  took  in  his  oars  and  substituted  the  pad- 
dle, and  the  canoe  glided  noiselessly  toward  the  unconscious  seal. 
When  within  40  yards  of  it  the  after  paddle  alone  was  used,  ami  the 
bowman  stood  ready  with  the  shotgun.  It  was  soon  seen  that  tin; 
seal's  head  was  under  water.  The  Indians  told  me  afterward  that  it 
was  only  drowsing  and  looking  foi-  fish.  Whether  this  be  a  fact  or  not 
I  do  not  know.     In  this  i)osition  a  seal  is  said  to  be  "  finning." 

During  all  this  time  not  a  word  was  spoken,  and  so  noiselessly  did 
the  canoe  glide  that  we  got  within  10  yards  of  it  and  the  hunter  tired, 
pouring  a  charge  of  buckshot  into  its  breast.  The  seal,  to  my  great 
astonishment,  was  not  killed,  but  gave  us  one  surprised  look  and  in- 
stantly dived  out  of  sight.  It  rose  again  50  yards  oft',  gave  us  an(»tlu!r, 
look  and  a  second  time  disappeared.  Th' :.  followed  a  chase  to  wind- 
ward, the  Indians  dexterously  applying  their  i>addlesin  that  direction. 
Three  times  it  disappeared  and  reappeared  before  it  was  tiually  shot 
and  captured.  Even  then  it  was  necessary  to  use  the  club  to  kill  it. 
One  hook  with  the  gaft",  a  sudden  pull,  and  the  unfortunate  seal  was  in 
the  canoe. 

The  oars  and  padilles  were  again  used  and  we  continued  on  our  w  ay. 
The  next  seals  we  sighted  were  three  in  number,  asleep  on  their  sides 
and  backs  on  a  bunch  of  kelp,  their  favcnite  resting  place.  Their  fore 
and  hind  flippers  were  visible,  the  former  closed  on  their  breasts;  their 


352 


METHOD. 


m 


\w,uIh  wore  lyinfj  to  leeward,  and  inoviiiff  slowly  from  Hide  to  side.  In 
this  position  a  stsal  sleeps  soundly.  When  its  head  ceases  to  move,  it 
is  an  indication  that  it  is  wakiiij;  up,  and  this  is  the  time  to  shoot. 
The  canoe  this  time  approached  from  a  point  nearly  at  ri^ht  angles  to 
the  wind,  so  as  to  jjet  a  ;;ood  shot.  The  most  vulnerable  place  is  in  the 
neck  just  back  of  the  head.  One  of  the  three  was  instantly  killed, 
another  shot  and  killed  after  divinj?  ami  reappearing,  and  the  third 
escaped.  The  first  one  was  allowed  to  float  until  the  second  was  se- 
cured, occupying  a  space  of  about  twenty  seconds. 

The  time  it  re<iuires  a  seal  to  sink  depends  upon  the  character  of  the 
seal  and  the  ])lace  in  which  it  is  shot.  Some  sink  instantly,  while  oth- 
ers float  for  two  or  three  minutes,  and  possiby  longer.  Gravid  cows, 
that  is,  cows  that  are  heavy  with  young,  sink  more  slowly  than  males, 
and  seals  that  are  lean  more  rapidly  than  those  that  are  fat.  If  the 
lungs  of  a  seal  which  has  been  killed  retain  air  it  will  float  for  quite 
a  while. 

The  best  time  for  hunting  seal  is  a  good  day  following  a  protracted 
spell  of  bad  weather.  In  a  very  rough  sea  seals  can  not  sleep,  but  merely 
lie  on  the  surfjice  and  lazily  roll  over  and  over  j  hence  the  term  "roller." 

After  securing  our  third  seal  we  set  sail,  which  consists  of  a  sprit-sail 
bent  to  a  mast  which  can  be  easily  stepped  and  unstepped.  After  sail- 
ing a  few  miles  we  sighted  several  more  seal  asleep  on  kelp,  and  took 
in  the  sail  and  proceeded  under  paddle  alone.  This  is  always  done,  as 
the  canoe  is  more  easily  handled  and  the  flapjung  of  the  sail  is  liable 
to  frighten  the  seal.  We  succeeded  -n  getting  within  40  yards,  when 
one  of  the  group,  which  was  awake,  gave  the  alarm.  Instantly  the  In- 
dian fired,  wounding  it  in  the  the  head,  but  they  all  escaped. 

As  a  rule  it  is  an  easy  matter,  especially  for  a  canoe,  to  get  within 
10  yards  of  a  sleeper.  Sometimes  the  hunters  can  almost  touch  them 
with  the  spear.  Out  of  sixteen  seals  which  we  saw,  twelve  were  asleep, 
and  four  playing.  We  killed  and  captured  three,  all  of  which  were  cows, 
wounded  three,  which  escaped,  and  missed  two.  The  shotgun  was  used 
exclusively  in  all  cases  but  one,  when  the  rifle  was  used  at  long  range. 
The  Indian  hunter,  Wilton,  who  did  the  shooting,  is  considered  a  good 
shot,  and  this  is  about  the  percentage,  he  tells  me,  which  he  usually 
gets.  The  Indians  are  more  expert  with  the  si)ear  and  seldom  miss 
with  that  weapon.  They  use  it,  however,  only  on  sleepers.  They  were 
very  anxious  to  use  the  spear  instead  of  the  gun,  but  I  would  not  allow 
them,  in  accordance  with  your  instructions,  since  white  hunters  use  the 
gun  exclusively,  and  it  was  desired  to  learn  what  percentage  of  those 
shot  escaped  and  are  lost  by  sinking. 

For  the  information  of  those  who  do  not  know  I  will  describe  the  spear 
ind  manner  of  using  it.  I  refer  you  to  tlie  «iia'  /ing.  The  spear  is  made 
of  wood  and  consists  of  four  parts,  viz,  (a)  made  of  flr,  12  feet  long,  1 
inch  in  diameter  handle  (6)  and  two  prongs  (c')  made  of  the  branches 
of  crab  apple,  one  30  inches,  and  the  other  15  inches  in  length.  Over 
the  en<l8  of  these  prongs  fit  spearheads  {d)  and  (d')  made  of  elk  horn 
and  old  flies.  To  each  spearhead  is  fastened  a  stout  sinew  or  cord  (e), 
procured  from  the  tail  of  the  whale  and  served  with  twine.  These  are 
only  a  few  feet  long,  and  form  a  bridle  to  which  is  attached  a  stout  cod 
line  (/)  12  fathoms  long.  The  horn  of  the  spearheads,  to  which  this 
sinew  is  attached,  is  covered  with  a  thick  coat  of  spruce  gum  to  keep 
out  water  and  prevent  rotting.  When  the  spear  is  used  the  line  is  drawn 
taut  along  the  spear,  a  kind  of  hitch  or  slipknot  taken  over  a  cleat  or 
lug  {g)  and  the  end  of  the  line  made  fast  to  a  thwart  in  the  head  sheets 
of  the  canoe,  the  rest  of  the  line  coiled  down  neatly  for  running.    The 


INDIAN   HUNTKRS. 


353 


ft  side.  Xn 
to  move,  it 
s  to  si  I  not. 
t  angles  to 
iceisin  tlio 
ritly  killed, 
the  third 
iid  was  se- 

cter  of  the 
,  while  oth- 
avid  cows, 
hail  males, 
at.  If  the 
t  for  quite 

protracted 
but  merely 
in  "roller." 
a  sprit-sail 
After  sail- 
[),  and  took 
ys  done,  as 
lil  is  liable 
ards,  when 
iitly  the  In- 
I. 

get  within 

ouch  them 

.ere  asleep, 

were  cows, 

n  was  used 

ong  range. 

ed  a  good 

le  usually 

dom  miss 

They  were 

i  not  allow 

ers  use  the 

je  of  those 

e  the  spear 
ar  is  made 
eet  long,  1 

branches 
fth.    Over 

elk  horn 

)r  cord  (e). 

These  are 

stout  cod 

rhich  this 

m  to  keep 

e  is  drawn 

a  cleat  or 

ead  sheets 

ing.    The 


bowman  rests  the  spear  in  the  notch  at  the  head  of  the  canoe  until 
almost  within  spearing  distance;  he  tiien  raises  it  with  his  left  hand, 
grasping  it  at  the  handle  (b)  with  his  right,  the  hist  two  lingers  in  tlio 
notches,  which  are  set  in  a  plane  per|i(Mi(li<!ular  to  that  of  the  prongs. 
The  longer  jn-ong  is  always  uppermost,  so  that  in  case  it  misses  its  prey 
the  shorter  will  do  its  cruel  work. 

As  soon  as  a  seal  is  struck  the  si)ear  detaches  itself  from  the  line  and 
si)earheiids  and  Hoatson  the  water.  Then  commences  a  struggle  and  a 
scene  such  as  tbUows  the  catcliing  of  a  shark  or  other  large  fish.  If  the 
seal  is  not  formidable  <»ne  it  soon  tires  itself  out,  and  is  dragged  i<»  the 
canoe  to  be  jlubbed  to  death.  If  it  be  of  a  larger  growth,  an  old  bull, 
for  instance,  and  shows  tight,  it  is  necessary  to  shoot  him  before  he  can 
be  captured.  On  one  occasion  an  old  l>ull,  in  liis  terrible  fury,  bit  a 
small  piece  (mt  of  the  side  of  the  (!anoe. 

The  Indians  do  not  like  to  res<)rt  to  the  gun  unless  absolutely  neces- 
sary, as  firing  frightens  other  seals  which  may  happen  to  bo  in  the  vic- 
inity. 

I  inclose  rough  drawings  showing  canoe,  with  mast  and  sail,  paddlo, 
thwarts,  spear,  and  line. 

I  used  the  bow  and  arrow  for  killing  them.  Schkatatin,  p.  243. 

During  these  three  years  I  had  fre(pient  conversations  with  the  mas- 
ters andcrewsof  sealing  vesselsin  relation  to  open- 
sea  sealing.  From  these  conversations,  and  also  l.  G,  Shepard,  p.  188. 
from  my  own  observations,  I  make  the  following 
statement  in  relation  to  pelagic  sealing:  The  weapons  used  by  seal- 
hunters  are  rifles,  shotguns,  and  spears.  The  Indians  use  spears,  and 
a  canoe  contains  two  Indians,  the  foremost  thus  armed. 

When  I  was  a  young  man  I  killed  fur-seal  off"     ShowooHch,  p.  243, 
Yakutat  Bay,  using  a  spear  altogether. 

In  early  days  I  used  the  spear,  but  now  I  use  Martin  Singay,  p.  268. 
the  shotgun  and  rifle  exclusively. 

When  I  was  a  boy  the  spear  and  arrow  was  used 
for  sealing,  but  now  the  shotgun  and  ride  are     jack  Sitka,  p.  268. 
used  exclusively. 

Spear  is  mostly  used  by  the  Makah  Indians.  Wm.  H.  Smith,  p.  478. 
Farther  north  the  shotgun  is  used. 

Have  hunted  seal  and  sea-otter  all  my  life  dur-     stahkan,  p.  244. 
ing  the  summer  season,  using  the  spear  and  arrow. 

When  I  was  a  young  man  the  spear  and  arrow      .,  _,,  „  .  ,       . , 
were  used,  but  of  late  years  the  shotgun  and  rifle  gef  *  ^^^^''^'^'"J"<'^''''>  P- 
are  used  exclusively. 

When  I  first  began  to  hunt  spear  and  arrow  were  used  exclusively ; 
the  shotgun  is  now  used  by  the  Indian  bun! ers 
for  the  same  i)urpo8e  in  lieu  of  the  si)ear  and   </«»•  Unatajim,  p.  271. 
arrow. 

23  BS 


:i' 


354 


METHOD. 


Charlie  Tlaksatan,  p.      When  I  first  bogiiii  hunting  I  used  a  spoar  and 
270.  bow  and  arrow,  but  now  the  shotgun  is  used  ex- 

clusively. 

Charlie  Wank,  p.  273.  The  spear  was  used  in  early  days,  but  now  seal 
have  become  scarce  and  shutgun  audiitle  is  used 
exclusively. 

Many  years  ago,  when  seal  were  plenty,  the  spear  was  used,  but  now 
so  many  schooners  are  engaged  in  sealing  that 
^^Miehael    Wooskooi,  p.  ^jj^  shotgun  and  rifle  has  to  be  used  in  order  to 
'  ■  secure  them,  as  they  have  become  very  wild. 

WHITE  HUNTEllS. 


'f 


h'  ' 


fi;,;  4 


m.. 


WiUiam 
360. 


Page  190  of  The  Case. 

The  work  of  seal-hunting  is  carried  on  about  as  follows:  The  hunter 
and  boat's  crew  leave  the  vessel  at  daylight, 
Jirennan,  p.  ^s,m]iy  carrying  one  rifle  and  a  shotgun,  though 
some  of  them  have  two  shotguns  with  about  fifty 
rounds  of  ammunition  for  each  gun.  If  a  breeze  is  blowing  they  go 
under  sail,  or,  if  it  is  calm,  the  boat  is  rowed.  The  hunter  has  charge 
of  the  boat,  no  matter  if  he  is  not  an  expert  boatman. 

If  a  sleeping  seal  is  seen,  the  boat  is  run  within  al)out  100  yards  of 
it,  and  the  sail  and  mast  are  lowered  with  the  least  possible  noise,  as 
the  seals  are  easily  awakened.  The  boat-steerer  cautiously  paddles 
toward  him,  being  (^arefnl  to  keep  to  the  leeward,  and  with  ordinary 
care  the  boat  can  come  within  a  few  feet  of  him  bclbre  he  is  aware  of 
it;  then,  if  the  hunter  is  cool,  the  seal  is  suie  to  be  captured.  Should 
tl'.e  seal  be  only  wounded,  he  will  dive,  unless  hitin  the  flipper  or  nose. 
If  he,  is  noi.  killed  so  dead  as  to  be  unable  to  dive,  ten  to  one  he  will 
get  away,  for  it  is  uncertain  where  he  will  come  up,  and  the  boat  may 
be  a  long  way  from  him  when  he  reappears.  In  such  case  the  boat 
usually  remains  still,  with  boat-puller  and  vsteerer  standing  ready  to 
follow  him  as  soon  as  he  is  seen;  but  he  very  often  rises  <mt  of  range 
and  gets  away.  An  experienced  hunter  and  boat's  crew  will  get  at 
least  seventy-five  per  cent  of  "sleepers,"  and  i)erhaps  more;  but  the 
sleepers  form  but  -a  small  part  of  the  seals  hunted.  The  noise  of  fire- 
arms will  awaken  every  seal  within  the  distance  of  half  a  nn"le,  and  put 
it  on  the  alert.  The  boats  stay  out  until  dark,  if  the  weather  is  fin«% 
and  the  five  or  six  usually  carried  by  a  sealing  vessel  cover  au  area  of 
5  or  10  miles  on  either  side. 

If  the  seal  is  "tinning  "the  hunter  will  probably  spend  ten  or  a  doziMi 
rounds  of  amnnmition,  provided  he  wounds  it  with  his  first  shotbeforelie 
takes  it  in,  which  lie  often  fails  to  do.  If  it  ii;  "breaching" — that  is, 
jumping  ck'ar  of  the  water — tbe  hunter  will  most  likely  try  a  rifle-sliot 
at  it.  as  there  is  a  bare  chance  tiiat  he  may  hit  it.  If  he  wouiuls  it  and 
it  escapes  it  is  all  the  same  to  him,  except  that  he  has  one  less  skin. 

To  be  a  good  hunter  a  man  must  be  a  crack  sV.ot  on  the  start,  and 
then  it  will  take  him  at  least  two  seasons  to  learn  the  motions  of  the 
seal,  so  as  to  be  considered  an  expert.  lie  must  understand  how  to 
ai»proacli  the  seals  under  all  circumstances  so  as  not  to  arouse  them, 
and  nmst  also  have  a  good  boat-steerer,  as  a  great  deal  depends  on  him. 
Perfect ((uiet  must  be  kept  in  the  boat,  or  the  seal  Avill  be  awakened; 
and  the  boat-steerer  must  understand  the  seal's  habits  as  well  as  the 


m 


•Hi!'' 


WHITE    HUNTERS. 


355 


a  spoar  and 
is  used  ex- 


)ut  now  seal 
L  rifle  is  used 


}ed,  but  now 
sealing  that 
in  order  to 
ry  wild. 


The  hnnter 
Eit  daylij;ht, 
<iuii,  tlioujih 
h  about  titty 
'iiifitliey  iio 
r  has  charge 

100  yards  of 

ble  noise,  as 

usly  paddles 

ith  ordinary 

a  is  aware  of 

ed.    Should 

)per  or  nose. 

)  one  he  will 

le  boat  may 

ISO  the  boat 

ng  ready  to 

)ut  of  range 

,v  will  got  at 

)re;  but  the 

loise  of  fire- 

nile,  and  put 

ther  is  line, 

r  au  area  of 

pn  or  a  dozen 
lotbefonshe 
;■"— that  is, 
'  a  rifle-shot 
)un(ls  it  and 
less  skin, 
le  start,  and 
tions  of  the 
and  how  to 
rouse  them, 
Mids  on  him. 

awakened; 

well  as  the 


hunter,  in  order  to  know  where  to  head  hisboat  and  where  to  keep  her. 
A  crew  new  to  the  business  sometimes  makes  a  good  eat(;h,  but  itis 
generally  at  the  expense  of  a  large  i)roportion  of  seals  that  are  killed 
and  lost,  or  wounded  and  escape.  Tlie  vessels  engaged  in  the  sealing 
business  range  from  1.")  to  1.50  tons  burden,  or  more,  large  vessels  being 
in  favor  because  they  can  carry  more  boats,  with  less  expense  in  propor- 
tion to  size,  than  the  small  ones. 

The  prinripal  ports  from  which  sealing  vessels  sail  are  Victoria,  Brit- 
ish Columbia;  San  Francisco,  Cal.;  Tort  Townseml,  Wash.;  and  Yoko- 
hama, Jajian.  The  fleet  from  Victoria  comprises  sixty  vessels  or  more, 
and  one  will  travel  the  world  over  without  flnding  better  or  faster  schoon- 
ers than  some  of  them  are.  *  Next  to  Victoria,  in  numbers,  comes  San 
Francisco,  all  under  the  American  flag.  Yokohama  formerly  sent  out 
twelve  or  thirteen  vessels  under  difl'erent  flags.  I  have  seen  vessels  oper- 
ating fromthatport  flying  the  Dutch,  German,  French,  Kussian,  Ameri- 
can, I'^nglish,  and  Japanese  flags,  engaged  at  otter  and  seal  hunting. 
About  seven  or  eight  vessels  are  from  Paget  Sound.  The  Victoria  and 
Paget  Sound  fleet  attends  only  to  sealing,  while  the  vessels  from  San 
Francisco  and  Yokohanui  engagein  otter-huntingand  sealing  combined. 
The  vessels  carry  from  one  to  seven  boats  each,  and  each  boat  except  the 
one  cairied  at  the  stern  is  manned  by  three  men.  In  goingupon  the  hunt 
the  hunter  stands  forward,  the  boat-puller  sits  in  the  center  of  the  boat, 
an»i  ihe  boat-steerer  in  the  stern.  The  boats  are  from  18  to  20  feet 
long  and  carry  usually  two  i>airsof  oars,  three  or  more  paddles,  a  short 
seal  club  to  kill  the  seal  witli  (if  he  is  alive  when  they  get  him  along- 
side), a  gaif  with  a  long  staff  to  hook  him  up  if  he  sinks,  a  fog-horn,  a 
compass,  a:;  ammunition  box  for  the  hunter,  a  water-beaker,  a  box  for 
food,  a  small  sprit  sail  and  mast,  and  i^t  least  one  shotgun. 

Vessels  that  are  manned  by  Indians  do  not  carry  hunting  boats  as  a 
rule.  The  Indians  furnish  their  own  canoes  and  spears,  and  often  a 
shotgun  or  rifle,  or  both.  A  vessel,  say,  of  70  tons,  will  carry  six  boats, 
five  of  them  hunting  boats,  and  one  at  tiie  stern.  The  owner  furnishes 
guns,  anununition,  boats,  food,  etc.,  and  engages  the  captain  and  hunt- 
ers. The  captain  employs  the  boat-pullers,  steerers,  and  the  cew, 
though  in  some  cases  the  hunters  engage  their  own  pullers  aiul  steerers. 
A  vessel  of  this  size  wcmld  carry  21  meii,  all  told,  including  a  captain, 
mate,  cook,  5  hunters,  0  ):i(in  for  l  le  boats,  1  spare  man,  and  a  boy.  The 
master's  wages  range  from  $7;")  ^  >  .*100  \)'iv  month;  but  some  of  them 
get  wages  only,  while  otnens  have  wages  and  a  "  lay,"  that  is,  a  share 
of  the  lu'oflts.  Good  hunters  get  from  $o  to  $3.50  per  skin  for  every 
one  they  briag  on  board;  but  ea'*h  hunter  has  Lis  ])rice  and  makes 
terms  with  the  owiu^',  which  \w  keeps  to  himself.  Tlu;  crew  receive 
$30  per  month,  a'»d  have  siunetimes  a  private  agreement  with  the  hun- 
ttM'  to  10  to  25  ^ents  additional  out  of  his  own  jxH-ket  for  each  skin 
brrmght  on  board;  for,  aj  I  have  said,  mu(!h  depends  upon  the  steerer, 
and  each  hi'«  Ids  favorite.  The  mate  gets  4i\)m  $1.">  to  $50  per  month, 
the  use  ot  *>  ^  stern  boat,  and  .$1  for  every  vsk in  he  brings  on  board. 
The  cook  receives  ti'om  $50  to  $80  i)er  month,  according  to  tiie  number 
of  men  he  cooks  for. 

The  first  vessels  leave  about  January,  and  from  then  until  March 
they  are  beconung  fewer  in  ])ort  every  day.  They  go  to  some  of  tiio 
bays  and  inlets  ujmju  Vancouvers  Island,  ofl'  Cape  Flattery,  or  down 
along  the  California  coast.  INIany  hunt  in  a  ;'ircuit  from  <i.>A[ni  Flattery 
to  the  mouth  of  the  Cohunbia  River  on  the  soutli,  and  to  the  north  end 
of  Vancouvers  Island  on  the  n<  th.  is  the  head  hunter  oi-  cai)tain  may 
dotermiuo.    Some  think,  by  goiug  south  and  following  the  seals  uj)  as 


356 


METHOD. 


they  move  iiorthwjird  tlioy  will  catch  more;  while  otliers  believe  they 
can  do  better  by  staying  dose  to  Cape  Fhittery.  Those  vessels  which 
carry  Indian  hunters  go  to  the  Indian  villages,  and  some  of  them  take 
as  many  as  ttfteeii  canoes  if  they  can  get  them.  Of  late  years  the  In- 
dians are  learning  tlie  prices  of  skins,  and  claim  more  than  the  owners 
can  afford  to  i)ay.  They  always  want  to  sliip  on  a  first-class  schooner, 
unless  they  own  it,  when  any  rattletrap  will  do.  When  they  start  for 
Bering  Sea  they  usually  leave  a  part  of  their  canoes  behind,  taking 
about  one-third  less  than  they  used  in  the  spring  catch.  The  vessels 
furnish  them  flour,  biscuits,  tea,  coffee,  sugar,  and  a  little  meat  when 
they  can  not  get  fresh  seal  meat.  They  have  two  men  to  each  canoe. 
The  head  man  of  the  canoe  receives  the  money  and  pays  his  assistant. 
Each  canoe  is  usually  provided  with  a  couple  of  steerers,  and  either  a 
shotgun  or  rifle.  The  nrost  skillful  hunter  among  Indians  on  board  is 
called  "captain,"  and  it  is  his  duty  to  tell  his  men  when  and  where  to 
lower  their  canoes  for  hunting,  and  to  transact  all  business  between 
them  and  the  captain  of  the  vessel.  Seven  or  eight  years  ago  the  In- 
dians were  i)aid  by  the  length  of  the  skin,  but  now  they  are  paid  by  its 
grade. 

In  fine  weather  the  boats  leave  the  vessel  at  daylight  and  hunt  until 
dark,  taking  about  one  day's  provisions  with  them;  and  should  they 
got  lost  in  a  fog  they  have  a  hard  time  until  they  are  picked  up  by 
some  vessel.  When  the  boats  come  alongside  the  vessel,  at  night,  the 
skins  are  counted  on  deck  for  each  boat;  the  mate  takes  charge  of 
them  and  salts  them  down  in  the  liold,  anl  the  crew  of  each  boat  gets 
credit  for  the  skins  it  captured.  The  work  contiiuies  until  the  spring 
season  is  finished,  wlien  some  go  to  Victoria  to  refit,  audotiiers  in  Ban- 
dy Sound,  and  send  their  skins  to  Victoria  by  steamer,  with  orders  for 
supplies  to  be  sent  to  them  when  the  steamer  returns.  Others  go  on 
without  coming  into  port  to  Sand  Point,  or  some  other  place  on  the 
coast,  where  there  is  a  store,  and  take  supplies  before  entering  Bering 
Sea.  They  do  not  like  to  go  into  Victoria,  because  they  usually  have 
trouble  with  their  crews.  The  work  is  hard  and  dangerous.  The  pay 
is  small,  and  many  run  away  when  tliey  get  a  chance.  There  are  very 
few  sailors  among  the  crews,  the  most  of  them  being  green  hands.  Of 
course  each  vessel  carries  two  or  three  sailors  in  case  anything  happens 
to  the  rigging  or  sails. 

When  they  arrive  in  Bering  Sea  later  in  the  season,  they  start  in 
to  work  in  earnest.  The  water  is  full  of  tiiom  and  you  can  hear  them 
firing  all  around.  Tiie  vessels  enter  the  sea  about  July,  but  get  the 
most  of  the  seals  in  August  or  early  September,  when  the  weather  gets 
bad,  but  they  usually  have  a  good  catch  by  tliat  time,  if  not  interfered 
with.  When  the  hunting  is  finished  tiiey  return  to  the  home  port,  the 
crew  is  paid  off,  the  vessel  is  laid  up,  and  the  owner  takes  charge  of 
tlie  skins  and  either  sells  them  in  the  home  port  or  ships  them  to  Lon- 
don. 

United  States  Revenue  Steam:eb  Oobwin, 

St.  Paul,  Kadiah  Inland,  Alaska,  June  li,  1892. 
Ilon.  Secbetary  of  the  Tueasuby, 

Washintiton,  D.  C: 
SiB:  1  liave  the  honor  to  transmit  herewith  the  following  additional 
c  r  IT       -Fir      ^^^^^  upon  pelagic  sealing,  trusting  that    i  may 
498.  ^     '"'^""'   "  •   >P'  prove  ot  intei  .^st  to  tiie  Department.    The  ''uties 

of  the  vessd,  -yiien  constantly  cruising,  re'juire  so 
much  of  my  time  that  I  have  been  unable  to  make  a  full  report  upun 
this  subject  tvo  1  had  hoped  to  do. 


)elieve  tliey 

sssels  wliich 

f  them  take 

ears  the  lu- 

the  owners 

88  schooner, 

ley  start  for 

liind,  taking 

The  vessels 

meat  when 

each  canoe. 

lis  assistant. 

and  either  a 

i  on  board  is 

md  where  to 

OSS  between 

ago  the  In- 

e  paid  by  its 

id  hunt  until 
should  they 
)icked  up  by 
at  night,  the 
Bs  (jharge  of 
,ch  boat  gets 
il  the  spring 
tliers  in  Ban- 
ith  orders  for 
)thers  go  on 
place  on  the 
eriiig  Boring 
usually  have 
IS.  The  pay 
lere  are  very 
hands.  Of 
ling  happens 

hey  start  in 
11  hear  them 
but  get  the 
weather  gets 
ot  interfered 
me  port,  the 
es  charge  of 
hem  to  Lon- 


le  14, 1892. 


ig  addiHoiial 

that    I  may 

The  ''uties 

ig,  r?';uiro  so 
report  in)iiU 


WHITE   HUNTERS. 


357 


During  my  cruise,  Mliifh  began  IMarch  9  and  ended  May  10,  T  en- 
deavored by  every  means  at  my  command  to  give  information  in  regard 
to  pelagic  sealing,  and  wliile  the  time  has  been  mu(;li  too  brief  to  give 
the  matter  a  thorough  and  comprehensive  investigation,  I  have  been 
able  to  gather  some  fticts.  Tlie  aihdavits  of  more  than  200  men,  nmre 
or  less  familiar  with  pelagic  sealing,  were  taken  and  transmitted  to  the 
Department,  and  while  these  aftidavits  differ  some  in  different  locali- 
ties, they  are  in  the  main  the  same  and  conlirm  my  own  observations. 
Among  these  200  men  whose  statements  were  taken  under  oath,  many 
of  whom  had  spent  their  life  hunting  fur-seal,  not  one  was  found  who 
had  ever  known  of  a  fur-seal  hauling  out  upon  tli(3  hind  or  outlying 
rocks  or  islands  upon  tlie  coast  of  Oalitornia,  Oregon,  Washington, 
British  Columbia,  or  Alaska,  except  upon  tlie  Pribilof  Islands,  ^'cither 
have  they  ever  known  a  fur-si^al  to  bring  forth  its  young  ui)on  the  kelp 
or  in  the  water  or  upon  any  of  the  coasts  mentioned,  except  the  Pribi- 
lof Islands. 

My  observations  of  the  fur  seal  began  on  the  Pribilof  Islands  in  18G9, 
;?  id  I  have  visited  the  islands  since  at  intervals.  Last  year,  1891, 1 
("-.  used  during  July  and  August  in  the  vicinity  of  the  islands,  and  ex- 
u  1  lued  the  rookeries  carefully  from  the  vessel  and  from  the  shore.  To 
the  best  of  my  belief  there  were  not  one-fourth  part  as  many  seals 
there  last  year  as  when  I  first  visited  the  islands  in  1809  and  1870. 
That  the  fur-seals  both  in  the  Bering  Sea  and  the  Pacific  Ocean  are 
becoming  less  each  year  there  can  be  no  doubt,  and  unless  the  indis- 
criminate slaughter  is  stopped,  they  will  soon  become  extinct  in  the 
waters  named. 

In  this  connection  I  wish  to  state  tha*^^  in  my  judgment  by  far  the 
greater  slaughter  and  waste  of  seal  life  takes  place  in  tlie  Pacific  Ocean, 
where  they  are  constantly  hunted  and  harrassed  from  the  time  they 
arrive  off  the  coast  of  California  in  January  until  they  enter  Bering 
Sea  in  June  and  July.  There  are  this  season  probably  700  boats  or  ca- 
noes engaged  in  hunting  fur-seals  in  the  Pacific  Ocean  along  the  Amer- 
ican coast;  many  of  them  commenced  hunting  in  January  or  February 
off  the  const  f>f  California  and  Oregon,  and  have  kept  it  up  continually, 
followin;'  Ihe  seals  in  their  movements  northward  until  at  the  present 
time  th*  y  ax  In  the  Alaskan  Gulf  between  the  St.  Elias  region  and  the 
Aleir'ai  s  i.  ^'d  passes,  toward  which  the  seals  are  making  their  way, 
frightcDe  '.  \^ia  exhausted  after  four  months'  constant  eii'ort  to  escape 
th'^  spear  a  d  slvtgun  of  the  hunter. 

The  hc-a'.  c^vii  in  the  Pacific  Ocean  of  the  Victoria  sealing  fieet  alone 
up  to  the  12th  instant  was  estimated  at  30,000.  Victor  Jaeobson,  master 
of  the  British  sealing  schooner  Mary  Ellen,  aua  of  tlie  oldest  sealers 
out  of  Victoria,  who  furnished  me  with  tliis  estimate,  declared  it  as  his 
belief,  based  upon  what  he  knew  about  sealing,  that  the  .'JO.OOO  vseals 
taken  represent  a  loss  of  over  100,000  seals  on  account  of  the  killing  of 
unborn  young,  and  the  loss  by  sinking  and  wounding  past  recovery. 
The  '.meiican  se.alers  have  probably  been  equally  destructive.  This 
dest  '::■  ^ion  is  incre-asing  yearly,  not  only  in  the  ratio  of  the  increase  in 
the  I)  rijbeiof  vessels,  but  by  reason  of  the  increased  experience  and 


kno\N 


of  the  habits  of  the  seal  by  the  hunters,  and  each  vessel  is 


able  to  lake  more  seals  than  formerly,  notwithstanding  the  fact  that 
seals  are  becoming  less  each  year.  The  route  of  the  fur  seal  after  it 
first  appears  oft' the  <!oast  of  California  in  January  is  well  known;  all 
their  feeding  places  are  known  and  (carefully  watched;  indeed,  the  'in- 
t ire  route  of  txavel  is  carefully  watched  and  i)atr()lled  every  day  that 
the  condition  of  wind  and  waves  will  permit.    Long  practice  has  made 


.'■[ 


358 


METHOD. 


i&f 


^U '' 


the  eyesirjht  of  the  hunter  keen,  and  his  knowlodjjo  of  the  habits  of 
the  fur-seal  perfect.  If  but  one  seal  attiMnpted  to  follow  the  route 
usually  taken  by  the  seal  herds,  I  doubt  if  it  could  escape  cai)tnre,  so 
thorough  is  the  watch  that  is  kept  lor  them.  Until  recently  the  old 
bulls  that  inhabit  the  breedinj;?  rookeries  have  not  been  killed  by  the 
hunters,  as  the  skijiis  of  no  value;  now,  however,  a  use  has  been  found 
for  the  old  bull,  its  skin  brings  the  sanu^  ])rice  as  any  other,  ami  it  is 
being  hunted  and  killed  with  the  rest.  They  are  found  in  large  num- 
bers oft'  Yakutat  and  tlie  vicinity  of  Middletou  Island.  The  American 
schooner  Henry  J)enni>i,  ])revioiisly  reported  by  me  as  taking  old  male 
seals  of  Yakutat,  arrived  at  this  place  a  few  days  since  with  over  1,()()0 
skins,  having  taken  about  1,000  since  we  spoke  her  on  the  23d  of  April 
between  the  points  named.  Of  these  I  am  told  ^'!at  many  were  very 
large  old  males.  The  breeding  females,  pups  and  young  nniles  are 
hunted  and  killed  from  the  time  they  reach  t^.ecoast  of  California  until 
they  enter  Bering  Sea,  and  the  older  males  and  old  bulls  that  inhabit 
the  breeding  rookeries  are  l  >  '^'r  Mlled  upon  their  feeding  grounds  in 
the  Alaskan  Gulf. 

With  this  condition  of  affair  sting  in  the  Pacific  Ocean,  it  is  easy 
to  understand  that  no  amount  oi  protection  to  the  fur  seal  in  JJering 
Sea  will  prevent  their  becoming  extinct  in  a  few  years.  They  nmst  be 
protected  in  the  Pacific  Ocean  also,  or  the  day  of  the  fur-seal  is  num- 
bered. 

The  sealing  on  the  coast  of  California  and  Oregon  is  done  by  schoon- 
ers manned  by  white  men  and  properly  fitted  for  remaining  at  sea  in 
all  weathers.  Many  of  these  schooners  are  i){irt  of  the  Bering  Sea 
fleet.  There  appears  to  be  no  fixed  rate  of  compensation  for  the  crews 
of  these  vessels;  each  owner  mak.s  his  own  bargain.  The  hunters  are 
paid  by  the  skin.  The  master,  as  a  rule,  is  7>ai{i  by  the  month  at  $75 
or  $100,  although  some  receive  a  share  of  the  catch.  iMany  of  the 
larger  vessels  carry  two  mates,  who  receive  $00  and  84r)  per  month, 
respectively.  The  cook  receives  ^~>0  or  $00,  according  to  the  size  of 
the  vessel;  the  hunters  receiving  from  $.'{.50  to  $4  per  skin  this  year. 
The  boats'  crews,  called  boat-pullers  and  boat-stecrers,  receive  $25  to 
$30  per  month,  or  25  cents  per  skin,  and  $15  jjer  mouth,  or  00  cents 
per  skin  without  monthly  pay.  The  vessel  furnishes  food,  and,  it  is 
said,  feed  the  men  fairly  well.  The  hunters  live  in  the  cabin  with  tlie 
master.  Their  duty  consists  entirely  in  shooting  seals.  They  have 
nothing  to  do  with  the  working  of  the  vessel  and  do  not  even  take  oft 
or  salt  skins  of  the  seals  cauglit  by  themselves.  The  boat  in  general 
use  by  the  sealers  is  what  is  known  as  an  otter  boat,  as  it  was  first  used 
by  the  sea-otter  hunters.  It  is  fnmi  18  to  24  feet  in  length,  sharp  ends, 
with  rounded  bottom,  and  easy,  graceful  lines  to  enable  it  to  go  through 
the  water  with  as  little  noise  as  possible.  The  boat  is  fitted  with  two 
pairs  of  short  oars  or  sculls  and  two  sails.  A  mainsail,  which  is  fitted 
to  hoist  and  lower  on  the  mast,  and  a  jib.  The  latter  impress  me  as 
being  in  the  hunter's  way  and  altogether  inconvenient,  but  they  are 
invariably  used.  Although  they  cruise  under  sail  a  great  deal,  the 
hunter  has  a  prejudice  against  the  ccnterboard,  and  very  few  boats  are 
fitted  that  way.  It  is  claimed  that  the  centerboard  makes  a  noise,  and 
in  approaching  a  sleeping  seal  silence  is  of  the  first  importance.  A 
boat's  crew  consists  of  three  men,  the  hunter  who  staiuls  forward,  the 
boat-puller  who  sits  amidships  and  pulls,  and  the  boat  steerer  who 
stands  or  sits  near  the  stern  of  the  boat  facing  forward  and  pushes  and 
steers  the  boat  with  the  sculls  at  the  same  time,  as  directed  by  the 
hunter  by  word  or  sign.    Each  boat  is  furnished  with  two  shotguns, 


WHITE    HUNTERS. 


359 


loi  li.abits  of 

V  tl»e  route 
oai»tnic,  so 

itly  the  old 
LilltMl  by  the 
\  been  found 
or,  and  it  is 
large  nuni- 
e  American 
nfif  old  male 
h  over  l,(i()0 
23d  of  April 

Y  were  very 
<;  niales  are 
ifornia  until 
hat  inhabit 
•  gTounds  in 

m,  it  is  easy 
il  in  Uering 
hey  must  be 
seal  is  num- 

eby  schoon- 
\g  at  sea  in 
Bering  Sea 
nr  the  erews 
hunters  are 
pnth  at  $75 
[any  of  the 
per  month, 
the  size  of 
in  this  year, 
eive  ilii)  to 
or  (50  cents 
I,  and,  it  is 
in  with  tlie 

They  have 
^en  take  oil 

in  general 
as  first  used 
sharp  ends, 
go  through 
3d  with  two 
ich  is  fitted 
)ress  tne  as 
ut  they  are 
it  deal,  the 
iw  boats  are 
a  noise,  and 
)rtance.  A 
or  ward,  the 
iteerer  who 
pushes  and 
ted  by  the 
>  shotgun S) 


and  many  in  addition  carry  a  Winchester  rifle.  Only  the  best  breech- 
loading  sliotguns  are  used.  The  10  gauge  hammerless  Parker  is  a 
favorite.  The  clKirge  is  4  to  T)  drams  of  powder  and  L'l  No.  L*  or  L*8  No. 
3  buckshot  in  brass  sliells;  i)aper  shells  being  kept  in  the  boat  absorb 
moisture,  swell  up,  and  will  not  enter  the  gun. 

In  getting  our  sealing  (mtiit  in  San  Francisco  I  bought  paper  shells, 
but  soon  found  that  tiiey  would  not  answer  the  i)Ui'pose,  for  tliis  reason ; 
the  guns  and  ammunition  are  generally  furnishetl  by  the  vessel,  but 
some  hunters  prefer  to  use  their  own  guns  and  to  prei>are  their  own 
ammunition.  The  larger  vessels  carry  six  regidar  boats  on  deck,  and 
jiboat  hoisted  at  the  stern,  wiiich  in  moderate  weather  and  when  seals 
are  nenr  the  vessel  is  Uvsed  by  the  nnister.  In  weather  suitable  for  seal- 
ing, all  boiits  are  l<»wered  about  0  a.  m.,  to  give  them  an  opportunity  to 
sei)arate  and  get  well  away  from  the  vessel  before  the  seals  begin  to 
sleep.  If  there  is  a  breeze,  sail  is  made  at  once;  if  not,  oars  are  used, 
the  rowers  bending  to  their  oars  with  a  will,  while  the  hunter  stands 
erect  in  the  bow  of  the  tiny  craft,  his  gun  in  liand,  scanning  the  sea 
carefully  in  every  dlre(;tion,  bent  upon  the  destruction  of  any  seal 
that  fate  might  throw  in  his  way,  whether  old,  young,  nnilc,  or  female, 
it  matters  not  to  the  hunter,  he  is  paid  so  many  dollars  for  a  seal-skin, 
and  all  count.  Upon  leaving  the  vessel  the  boats  always  work  to  wind- 
ward, as  sleeping  seals  can  only  be  approar'hed  from  the  leeward  side. 
If  under  sail  and  a  sleeper  is  seen  sail  is  immediately  taken  in  and  the 
sculls  used.  The  vessel  follows  the  boats  under  short  sail,  and  endeav- 
ors to  keep  them  in  sight,  or  at  least  know  in  what  direction  they  are. 
In  this  they  are  not  always  successful,  as  the  boats  sometimes  get 
separated  from  the  vessel  and  are  picked  uj)  by  other  vessels  after 
several  days'  exposure,  and  cases  are  not  wanting  of  boats  having 
been  lost  entirely.  Sealing  boats  seldom  leave  the  vessel  without  a  sup- 
ply of  food  and  water  snlficient  for  a  day  or  two.  They  are  also  fitted 
with  a  compass.  Traveling  or  playing  seals  are  shot  at  and  occasion- 
ally secured,  but  a  large  majority  of  seals  taken  are  killed  while  asleep. 
Seals  sleep  in  the  daytime  aiul  in  good  weather  only.  The  time  of  day 
they  go  to  sleep  depends  ui)on  the  state  of  the  weather  and  condition 
of  the  sea  then  and  in  the  immediate  past.  If  they  have  been  ke^it 
awake  by  bad  weather  they  go  to  sleep  earlier  than  they  do  in  a  long 
spell  of  good  weather.  Generally  on  a  moderate  day  they  are  found 
sleepiug  if  found  at  all  from  1>  to  11  o'clock  in  the  forenoon,  and  until 
5  or  0  o'clock  in  the  afternoon,  and  sometimes  later.  After  they  are 
awake,  if  the  weather  is  particulnrly  fine,  they  remain  rolling  and  play- 
ing on  the  water,  and  are  not  diflicult  to  kill  if  api)roached  very  cau- 
tiously. But  they  are  exceedingly  wary,  either  sleeping  or  waking, 
and  great  skill  and  caution  is  re(|uired  to  secure  them. 

The  seal  lies  upon  his  back  while  sleei)ing,  with  his  nose  out  of  water, 
his  flippers  folded  or  slightly  raised,  and  his  head  to  leeward;  his  mus- 
cles are  apparently  relaxed,  and  his  head  swings  from  side  to  side  with 
each  undulation  of  tlie  waves.  Whether  he  keeps  his  head  to  leeward 
of  his  body  from  choice  or  his  head  being  the  only  part  exjiosed  he  as- 
sumes that  position  in  obedience  to  the  action  of  the  wind,  I  am  unable 
to  state.  I  am  assured  by  all  hunters  that  su(!h  is  the  fact,  and  that  when 
sleeping  during  light  baffling  airs  the  seal  changes  his  position  with 
each  change  of  the  wind,  no  matter  how  slight,  and  without  showing 
any  signs  of  conscious  action.  As  stated,  tlie  boat  approaches  the  seal 
from  tlu^  leeward  side,  rowing  uj)  to  him  as  silently  as  possible.  With 
a  light  breeze  blowing,  the  seal  sleeping  soundly,  and  all  the  conditions 
favorable,  the  hunter  can  select  his  own  distance,    lie  approachefi 


360 


METHOD. 


■within  10  to  20  yards  and  shoots  the  seal  in  the  side  of  the  head  as  it 
is  moved  from  side  to  side  by  the  action  of  the  sea,  and  easily  kills  it. 
The  boat  beinjiy  so  near  the  seal  and  head-to.  and  the  men  all  residy  to 
"give  wjiy,"  oidy  a  few  seconds  of  time  are  reipiired  to  get  the  seal  into 
the  boat,  and  bnt  few  are  lost.  But  the  conditions  are  not  always  so 
favorable.  Tiie  seal  is  a  very  light  sleeper  at  best  and  awakes  at  the 
slightest  sound,  and  during  a  long-continued  spell  of  fine  weather  it 
becomes  exceedingly  wakeful,  and  it  is  with  dilMculty  that  it  is  ap- 
proached near  enough  to  kill.  As  a  hunter  is  trying  to  get  'it*>ui 
shooting  distance,  if  the  sleeping  seal  shows  signs  of  waking,  hb  aoeo 
not  hesitate  to  shoot  because  he  may  possibly  miss  it  or  because  the 
seal  is  so  far  away  that  if  killed  it  may  sink  before  the  boat  can  reach 
it;  he  gives  himself  the  benefit  of  the  doubt,  and  shoots  whenever  in 
his  mind  there  is  a  possibility  of  killing,  no  matter  how  remote  the  pos- 
sibility may  be.  An  accidental  shot  may  kill  the  seal  and  bnng  to  the 
hunter  $4.  "A  seal  has  no  value  until  he  is  captured"  is  a  common 
saying  among  the  sealers.    A  miss  costs  the  hunter  nothing. 

Neither  do  they  confine  themselves  to  shooting  at  sleeping  seals,  but 
shoot  at  everything  that  comes  within  jiossible  range  and  remain  above 
water  long  enough  for  the  hunter  to  get  his  gun  to  his  shoulder.  If 
the  distance  is  too  great  for  the  shotgun  the  ritie  is  substituted.  The 
chances  of  missing  entirely  or  only  wounding  the  seal  increase  ^'  i  the 
increased  distance,  and  if  killed  the  chances  ot  the  seal  sinking  before 
it  can  be  reached  by  the  boat  also  increase  with  the  distance,  on  ac- 
count of  the  greater  time  required  to  get  to  it.  Therefore,  while  the 
percentage  of  loss  by  sinking  of  seals  shot  while  sleeping  is  compara- 
tively small,  the  loss  by  sinking  and  wounding  past  recovery  of  seals 
shot  at  in  the  water  under  all  conditions  is  considerable.  The  estimated 
percentage  of  loss  of  seals  in  this  way,  as  shown  by  the  average  of 
the  afiddavits  of  sealers,  both  white  and  Indian,  is  about  37^  per  cent. 
The  actual  i)ercentagc  of  loss  by  us  by  sinking  and  wounding  of  seals 
shot  was  40  per  cent.  The  esti'n.ated  loss,  as  shown  by  the  attidiivits  of 
the  sealers,  vary  greatly,  some  claiming  little  or  no  loss  and  others  ad- 
mitting as  high  as  50  per  cent.  I  account  for  these  discrepancies  by 
supposing,  first,  that  the  i)ercentage  of  loss  diflers  with  difl'erent  men 
and  under  difierent  conditions.  That  the  sealers  are  not  close  ob- 
servers, and  are  only  interested  in  those  they  secure,  and  that  those 
who  claim  no  losses  do  not  tell  the  truth.  We  know  positively  by  our 
own  experience  that  there  are  losses — some  seal  shot  by  our  hunters 
sunk  immediatelj'.  On  the  coast  of  Washington  sealing  begins  in 
March  and  is  carried  on  in  small  S(!hooners  manned  by  Indians.  They 
hunt  in  canoes,  each  canoe  containing  two  men.  They  are  propelled 
by  sail  and  paddles,  and  while  they  all  carry  shotguns  and  rifles  they 
depend  almost  entirely  upon  the  spear,  with  which  they  are  very  ex- 
pert. 

The  schooners  take  from  eight  to  fifteen  canoes  on  deck,  according  to 
the  size  of  the  vessel.  They  remain  at  sea  as  long  as  the  weather  re- 
mains suitable  for  sealing,  and  cruise  within  a  radius  of  80  or  100  miles 
of  Cape  Flattery.  The  Indijins  furnish  canoes  and  outfits,  spears,  pad- 
dles, guns,  ammunition,  and  their  own  food,  fuel,  and  water,  and  re- 
ceive two-thirds  of  the  catch,  the  vessel  taking  one-third  and  buying 
the  other  two-thirds  from  the  Indians.  Some  of  these  vessels,  after 
the  close  of  the  sealing  season  oil"  Cape  Flattery,  fit  out  for  Bering  Sea. 
The  schooner  Lotta,  of  about  30  tons,  owned  and  commanded  by  an 
Indian  crew,  has  been  three  seasons  in  Bering  Sea;  she  carried  six 
canoes,  and  made  a  good  catch  each  time.  Many  of  the  Neah  Bay  In- 
dians are  in  good  circumstances,  the  result  of  successful  seal  hunting. 


e  head  as  it 
isily  kills  it. 
all  ready  to 
;he  seal  into 
t  always  so 
akes  at  the 
B  weather  it 
at  it  is  ap- 
get  'ir»>in 
ng,  hb  uoeo 
because  the 
it  can  reach 
whenever  in 
oie  the  pos- 
)ring  to  the 
a   common 

g  seals,  but 
imain  above 
i0U|der.    If 
utyd.    The 
se  y    ')  the 
kinj>   before 
ance,  on  ac- 
i,  while  tlie 
SCO  mpara- 
ery  of  seals 
le  estimated 
average  of 
per  cent. 
11  g  of  seals 
ittidavits  of 
I  others  ad- 
pancies  by 
erent  men 
close  ob- 
that  those 
'^ely  by  our 
lur  hunters 
begins  in 
ms.    They 
e  propelled 
rifles  they 
re  very  ex- 
cording  to 
veather  re- 
100  miles 
lears,  pad- 
ur,  and  re- 
nd buying 
5sel8,  after 
ering  Sea. 
ded  by  an 
arried  six 
ill  Bay  In- 
I  hunting. 


WHITE   HUNTERS. 


361 


1 1 1 

':i\ 


Two  of  the  Indian  hunters  taken  on  board  the  Corwin  at  Neah  Bay. 
Klahosh  and  his  son  Sclinylcr  Colfax,  while  at  Sitka  bargained  for  the 
schooner  Ethel,  seized  by  this  vessel  in  Bering  Sea  last  year,  now  owned 
at  Sitka  and  named  the  Clara.  She  is  to  be  delivered  to  them  on  Puget 
Sound  at  the  end  of  the  present  sealing  season  on  the  coast  for  the  sum 
of  $750.  Later  in  the  season  the  Indians  at  Quillehute  and  JSuwh  Bay 
go  out  from  the  land  sealing  in  their  canoes;  also  from  the  harbors  on 
the  south  and  west  coast  of  Vancouver.  The  Vancouver  Indians  go 
out  somewhat  earlier  than  the  others,  for  the  reason  that  the  seals 
come  nearer  the  coast,  and  are  not  compelled  to  venture  so  far  from 
shore  in  the  treacherous  weather  of  early  s[)ring.  Two  men  constitute 
a  crew  for  a  Vancouver  Island  or  Cape  Flattery  canoe.  They  seldom 
remain  out  over  night.  The  Quillehute  canoes  carry  three  men,  and 
on  account  of  the  much  greater  distance  they  are  compelled  to  go  to 
find  seal  are  often  kept  out  over  night. 

Mai  '  of  the  Vancouver  Island  Indians  are  taken  out  as  sealing  crews 
on  the  Victoria  sealing  schooners.  The  schooner  Rosie  Olsen,  boarded 
by  us  May  13,  had  a  crew  consisting  of  Vancouver  Indians.  Each 
canoe  receives  $3  for  each  skin  taken  by  her,  or  $1.50  per  man,  and  a 
bounty  of  $25  a  canoe  for  the  season.  The  chief  or  head  man  receives 
$120  for  engaging  the  canoes. 

Owing  to  the  later  arrival  of  spring  and  pleasant  weather  farther 
north,  the  sealing  season  there  begins  later.  At  Sitka  they  made  the 
first  sealing  trips  in  canoes  about  May  1.  On  account  of  the  uncer- 
tainty of  the  weather  they  dared  not  venture  out  earlier.  We  saw 
numerous  seals  ott'the  entrance  to  Sitka  Sound  early  in  April,  and  so 
reported  to  the  Indians  at  Sitka,  but  even  this  was  no^  enough  to  tempt 
them  outside  until  the  arrival  of  settled  weather.  At  Hooniah  about 
the  middle  of  April  we  were  told  that  hunters  were  out  after  hair-seal 
and  fish  for  use  on  a  seal  and  sea  otter  hunting  trip  which  they  pro- 
posed to  undertake  some  weeks  later. 

On  our  arrival  at  Capes  Chacon  and  Muzon,  on  the  north  side  of 
Dixons  Entrance  about  May  11,  we  found  large  numbers  of  Indian  seal- 
hunters  from  various  parts  of  Alaska  and  from  British  Columbia  and 
Queen  Charlotte  Island  encamped  waiting  for  modeiate  weather  to  begin 
sealing.  They  arrived  on  the  ground  about  May  1,  and  said  they  would 
return  to  their  home  sometime  in  June,  as  the  seal  would  then  be  gone. 
But  three  seals  had  been  taken  at  Cape  Chacon,  and  two  at  Cape  Muzon. 

A  crew  for  a  hunting  canoe  at  Cape  Chacon  consists  of  four  men. 
The  Cape  Muzon  canoes,  which  are  larger  and  go  farther  to  sea  in  search 
of  seals,  carry  six  men.  The  hunter  is  in  charge,  and  employs  the 
other  men.  They  use  the  spear  but  little,  depending  almost  entirely 
upon  the  gun,  and  what  seems  most  remarkable,  they  use  the  Hudson 
Bay  musket,  a  single-barreled  muzzle-loader  of  large  bore,  instead  of 
the  fine  double-barreled  breechloader  in  use  by  the  white  hunters  and 
the  Neah  Bay  and  other  Indians. 

The  white  hunters  use  principally  shotguns,  but  in  some  cases  the 
rifle.    A  boat  contains  a  hunter  and  a  rower  and 
a  steerer.    Whenever  a  seal  comes  within  gunshot     L.  G.  She^ard,  p.  188. 
range,  the  white  hunter  fires  at  it. 

Second.  Deponent's  views  as  to  the  history  of  the  sealing  business 
down  to  the  year  1887  are  best  set  forth  in  a  state- 
ment prepared  by  him  personally,  and  submitted      Cf.  J.  Williams,  p.  536. 
to  a  committee  of  Congress  on  mei'chant  marine, 
hereto  annexed  and  marked  A.    Before  submitting  that  statement  to 


362 


METHOD. 


the  committee,  depotient  submitted  it  to  the  firm  of  0.  M.  Lampson  & 
Co.,  of  London,  wlio  liave  been  his  correspondents,  and  in  reply  received 
from  them  a  letter,  the  original  of  which  deponent  now  has,  and  a  copy 
of  which  is  hereto  annexed  .and  marked  B.  Deponent  thinks  no  modi- 
fl(!ation  of  the  statements  made  in  those  two  communications  is  neces- 
sary in  the  lijfht  of  subsequent  events,  excepting  in  respect  to  the  pre- 
diction of  the  Russian  authorities  that  in  consequence  of  the  reckless 
and  indiscriminate  killing  of  seals  by  the  Americans,  the  Pribilof  herd 
would  emigrate  to  the  llussian  islands.  That  prediction  has  not  been 
verified. 

WEAPONS. 

(See,  also,  "  VcBsels,  ontflt,  etc.,"  ftnd  "Iii<1inn  JinntBrB.") 


CJmh,  Adair,  p.  400. 


Peter  Anderson,  p.  313. 


Chas.  Avei^y,  p.  218. 


The  first  day  I  hunted  we  killed  fifteen,  and 
used  rifles  and  shotguns,  but  we  used  the  shot- 
guns mostly. 

We  used  the  shotgun  and  rifle  exclusively  in 
the  boats  I  was  in. 

We  use  rifles  and  shotguns. 


Q.  Do  you  generally  shoot  seals  with  a  rifle  or  shotgun,  .and  if  the 
latter,  with  buckshot  or  fine  shot? — A.  We  use 

Geo.  Ball,  p.  483.  both,  but  principally  with  a  shotgun  loaded  with 

1^0.  2  shot,  heavy  buckshot. 


Johnny  Baronovitch,  p. 
276. 

Chaa.  Campbell,  p.  257. 
Peter  Church,  p.  2.  7. 


Always  used  the  shotgun  for  taking  seal. 
The  Parker  shotgun  is  used  by  me  exclusively. 
Have  always  used  shotgun  and  rifle. 


Q.  Do  you  generally  shoot  seals  with  a  rifle,  or  a  shotgun! — A. 

Mostly  with  a  shotgun. 
Daniel  ciaussen, p.  ii2.      Q.  What  shot  do  you  use,  buckshot  or  flne 

shot? — A  Buckshot. 

Have  caught  seal  all  along  the  coasc  from  Cape 
Jno. C.Clement, p. 2oS.    Flattery  to  the  Pribilof  Islands,  using  the  shot- 
gun exclusively. 

The  hunters  used  both  shotguns  and  rifles.  They  used  a  rifle  to 
shoot  breaching  seals,  and  a  shotgun  to  shoot 

Petei-  Collins,  p.  US.  sleepers  and  tramps.  The  shotgun  is  not  as  fatal 
as  the  rifle,  but  wounds  a  great  many  more. 


John  Dalton,  p.  il8. 


Hooniah  Dick,  p.  258. 


Oeorge  Di8hou!,p.  323. 


We  used  shotguns  all  the  time;  we  had  rifles, 
but  we  did  not  use  them. 

Always  use  the  shotgun  and  rifle  for  taking 
seal. 

I  use  a  shotgun  exclusively  for  taking  seal. 
•    •    •    I  use  the  Parker  shotgun. 


WEAPONS. 


S()3 


Lampson  & 
)ly  received 
,  and  a  copy 
ks  no  modi- 
as  is  neces- 
;  to  tlie  pre- 
he  reckless 
'ribilof  herd 
as  uot  been 


fifteen,  and 
>d  the  shot- 


clusively  in 


,  and  if  the 
-A.  We  use 
loaded  with 


g  seal, 
exclusively. 

). 

otgun? — A. 

lot  or  fine 


c  from  Cape 
g  the  shot- 


i  a  rifle  to 
m  to  shoot 
not  as  fatal 
more. 

I  had  rifles, 

for  taking 

aking  seal. 


Q.  Do  you  generally  shoot  seals  with  a  rifle  or      inther  T.  Franklin,  p. 
a  shotgun? — A.  Most  all  hunters  use  shotguns,  '*-^- 
but  I  use  a  rille  with  .38-.40  caliber. 

We  used  both  shot^^uns  and  spears,  as  occasion  required.    When  we 
see    plenty  of  seals  in  sight  we  use  the  spear, 
and  when  we  see  only  one  or  two .  we  use  the      Thoa.  I'Yazcr,  p.  365. 
shotgun. 

Q.  Do  you  generally  shoot  seals  with  a  rifle  or  a  shotgun;  and  if 
the  latter,  with  buckshot  or  fine  shot? — A.  We 
shoot  nearly  all  of  them  with  a  shotgun,  using     Edward  w.  Fancke,  p. 
buckshot.  *28. 

Oonastnt,  p.  238. 
Jaa,  Gomlowen,  p.  259. 


Have  used  shotgun  and  rifle  in  taking  seal. 

Have  always  used  shotgun  and  rifle  for  taking 
seal. 

Our  hunters  used  rifles  and  shotguns. 

The  shotgun  and  rifle  were  both  used. 

We  used  shotguns  and  rifles,  using  the  shot- 
guns mostly. 

Q.  Are  seals  generally  shot  with  a  rifle  or  shot- 
gun with  buckshot? — A.  Both. 


Geo.  Grady,  p.  i33. 
Jas.  Griffin,  p.  433. 
Jo8,  Grymea,  p.  434. 


Chaa.  n.    JTaf/man,  p. 
436. 


Q.  Are  they  generally  shot  with  a  rifle  or  shot-     S-  Harmaen,  p.  413. 
gun?— A.  A  shotgun  exclusively,  you  might  saj'. 


The  hunters  used  shotguns  and  rifles. 


Ja«.  Harrison,  p.  326. 


Q.  Do  you  generally  shoot  seals  wath  a  rifle  or  shotgun,  and  if  the 
latter,  with  buckshot  or  tine  shot? — A.  We  gener- 
ally shoot  the  seals  with  buckshot  if  we  are  close      Wm.  Hmaon,  p.  484. 
enough;  if  not,  we  shoot  them  with  a  rifle. 

I  use  a  shotgun  when   I  am  hunting  seal  and  a  rifie   for    otter 
hunting.    I  hunt  with  a  No.  8  bore  shotgun,  and      ,^     „ 
use  No.  1  shot.  ^'"-  -»^™«"»'  i>-  4^«- 

I  now  use  shotgun  exclusively  for  taking  seal.     e.  Hofatad,  p.  2fio. 

Q.  Do  you  generally  shoot  seals  with  a  rifle  or  shotgun;  and  if  the 
latter,  witii  buckshot  or  fine  shot?— A.  Mostly  Andrew  J.  Hoffman,  p. 
with  buckshot  and  a  shotgun.  447. 

Q.  Are  seals  generally  shot  with  a  rifle  or  shot-  ouatave  laaacaon,p.  440. 
gun  ? — A.  Both  rifle  and  shotgun ;  mostly  shotguns. 

Q.  Are  these  seals  generally  shot  with  a  rifle  or  a  shotgun  ? — A.  I 
generally  shoot  them  with  a  rifle  myself,  but  they 
are  generally  shot  with  a  shotgun,  from  what  1     Fiank  Johnaon,  p.  441. 
hear. 


364 

J.  Johnson,  p.  331. 
Jack  JohnftotifP.  282. 


METHOD. 

Have  always  used  a  sliotgnn  for  taking  seals. 

And  liave  huntod  fur-seiil  in  Queeu  Charlotte 
Sound,  using  shotgun  exclusively. 


In  former  times  the  seals  were  shot  with  rifles,  and  only  had  one 

small  hole  through  \vlii(!h  the  bullet  entered.   Now 

Gen.  TAehcs,  p. 511.       sliotguiis  are  used,  and  the  skins  are  frequently 

so  perforated  that  they  look  more  like  a  sieve 

than  a  skin,  which  reduces  their  commercial  value  over  50  per  ceut. 

iVm.  H.  Long,p.i57.       I  used  both  shotguns  and  rifles. 

Q.  Do  you  generally  shoot  seals  with  a  rifle  or  a  shotgun? — A.  A 
shotgun  principally. 


Chas.  Lutjena,  p.  459. 


Q.  What  kind  of  shot  do  you  use,  buckshot  or 
fine  shot? — A.  Buckshot. 


J. D. McDonald, p.2GG.  Have  always  used  the  shotgun  for  sealing. 

The  hunters  shot  with  rifles  and  used  cartridges  and  shot  at  all  kinds 
Wm.  Mclaaac  p.  461,      *^'*^y  ^^^^'    They  also  had  double-barrel  shotguns 
and  made  their  own  cartridges. 

Q.  Are  seals  generally  shot  with  a  rifle  or  shotgun  ? — A.  They  used 
„  ,  ,„„      to  shoot  them  with  rifles;  now  they  shoot  them 

Alex.  McLean,  p.  438.      g^  ^^j^h  shotguns. 

Q.  Are  seals  generally  shot  with  a  rifle  or  shotgun? — A.  With  a 

,^    „  „  ,  ,,.    shotgun.    Some  with  a  rifle;  mostly  with  a shot- 

Dan'l.  McLean,  p.  444.  °  '  '' 

guu. 

Edu!'dMaitland,p.2^.  Always  used  the  shotgun  for  taking  seal. 

Patrick Maroney, p. 464.      We  used  shotguns  with  No.  12  shot.    When  we 
had  to  shoot  at  long  range  we  used  rifles. 

Chas.  Marfin,  p.  297.     I  use  the  shotgun  for  taking  seal. 

Amos  Mill,  p.  285.         Have  always  used  the  shotgun  for  taking  seal. 


Shotgun  and  rifle  have  been  used  by  me  for 
taking  seal. 


G.  E.  Miner,  p.  466. 

Frank  Moreau,  p.  467 

Jno.  Morris,  p.  340. 

Nashtou,  p.  29S. 

Dan.  Natulan,  p.  286.     Have  always  used  the  shotgun  for  taking  seal. 


Q.  Do  you  use  buckshot  or   fine  shot? — A. 
Buckshot. 

We  used  rifles  and  shotguns  in  hunting  the 
seals. 

Have  always  used  spear  and  shotgun  for  taking 
seal. 


inpr  seals, 
seu  Charlotte 


[)nly  had  one 
1 1  tared.  Now 
e  frequently 

like  a  sieve 

per  cent. 


gun? — A.  A 


buckshot  or 


saling. 

;  at  all  kinds 
rel  shotguns 


..  They  used 
shoot  them 


1-A.  With  a 
with  a  shot- 


seal. 

When  we 
iiies. 


king  seal, 
by  me  for 

shot?— A. 
lunting  the 
n  for  taking 
:ing  seal. 


WEAPONS. 


3G5 


i 


We  hunt  sometimes  with  a  shotgun,  and    sometimes  with   a  ritle. 
Breaching  seals  we  slioot  with  a  ritle,  and  sleep-     j^ueg  Kei„ot>  p  46y 
ing  seals  with  a  shotgun.  ' 

Have  used  both  rifle  and  shotgun  in  killing  seals,  but  now  use 
shotgun  only,  having  found  that  for  same  num-      jp-  n^^g^tg  „  241. 
ber  of  shots  more  seals  are  taken  therewith.  *  >p-      • 

On  the  voyage  of  the  City  of  Sat^  Dietfo,  which  lasted  about  eight 
months,  we  got  about  1,900 seals.  Thehuntershad 
rifles  and  shotguns,  but  as  wo  entered  the  Bering 
Sea  the  revenue- cutter  Corwin  took  away  our  rifles 
and  left  us  the  shotguns. 


.!dolphusSa!/tr»,p,  473. 


Shotgun  and  rifle  are  used  by  mo  for  taking  seal,     'fack  Shucky,  p.  289. 


Always  use  shotgun  and  rifle. 


Aaron  Simson,  p.  290. 


I  have  always  used  a  shotgun  for  taking  seal.     Geo.  Skultka,  p.  290. 

Always  used  a  shotgun  exclusively  for  taking     Fred  Smith  p.  349. 
seal. 

We  hunted  with  shotguns  and  rifles,  and  killed     F.  w.  Soron,  p.  479. 
most  of  the  seals  when  they  were  asleep  on  the 
water. 

T  use  the  shotgun  exclusively  for  taking  seal.     Jo9huaStickiana,p.^:jQ. 

Q.  Do  you  generally  shoot  seals  with  a  rifle  or  a  shotgun,  and  if  the 
latter,  with  buckshot  or  fine  shot?— A.  I  general- 
ly shoot  them  with  a  shotgun  loaded  with  buck-     Gui.>aveSmdvaU,pA'6i. 
shot  if  asleep;  if  awake  we  generally  shoot  them 
with  a  rifle. 

The  white  hunters  use  shotguns  altogether  tor      W.  Thomas,  p.  485. 
taking  seal. 

We  used  mostly  shotguns  in  killing  seals.  We  Adolph  ;r.  Thompaon,p. 
carried  rifles  but  did  not  use  them  n^uch.  *^^* 

Have  always  used  a  shotgun  to  take  seal.  Peter  Trearsheit,  p.  211. 

I  have  always  used  the  shotgun  for  taking  seal.  Geo.  Usher,  p.  291. 

I  use  shotgun  and  rifle  to  take  seal.  Rudolph  Walton,  p.  272. 

Have  always  used  the  shotgun  for  killing  seal.  Fred,  wuson,  p.  301. 

When  I  was  a  boy,  bought  a  shotgun  Iron  the  Hudson  Bay  Com- 
pany at  Fort  Simp.son  and  have  always  used  the  Hastings  Yeihnow,  p.. 
shotgun  for  taking  seal.  302. 


We  only  used  rifles. 


0«o.  Zammitt,  p.  507. 


'■^    :i; 


306  RESULTS. 

RESULTS. 
INmSflUIMINATE   SLAUOnTEB. 

It  is  impoHsiblo  to  diHtiiiguish  the  sex  of  a  seal  in  tho  water,  unless 
it  is  an  old  bnll.  I  am  niiable  to  state  anything; 
as  to  the  proportion  of  females  taken,  but  the  seal- 
buuter  shoots  every  kind  of  seal  he  sees. 


C.  A.  Abbey,  p.  187. 
Peter  Brown,  p.  378. 


lean  not  tell  thedirt'erence  between  the  male  and 
female  seal  while  in  the  water,  exc*iptit  be  an  old 
bull. 


I  shoot  all  seal  that  come  near  the  canoe  and  use  no  discrimination, 
as  I  can  not  distinguish  a  young  bull  from  a  cow  in 

Akatoo,p.231.  the  water.    All  hunters  shoot  everything  that 

comes  near  their  boats. 

A.  D.  Alexander,  p.  355.  No  dis(!rimination  is  or  can  be  used ;  everything 
its  game  that  cornea  within  range  of  tho  hunter's 
weapon. 

It  is  impossible  to  distinguish  tho  male  from  tho 
female  at  a  distance  in  the  water. 

It  is  not  possible  to  distinguish  sex  when  seals 
are  swimming,  and  killiitg  is  indiscriminate. 


JT.  Andricius,  p.  314. 
Charles  Avery,  p.  218. 


Adam  Ayonkee,  p.  255.  The  sex  of  seal  can  not  be  told  in  tho  water. 
I  shoot  everything  that  comes  near  tho  boat. 

I  used  no  discrimination,  but  kill  everything  that  came  near  tho 

boat  in  shape  of  a  seal.    Never  stopped  to  ask 

Joimni!  Baronovuch,  p.  j^  j^  -^  iemnle  or  uot.     A  fow  old  bulls  have 

been  taken  by  me. 

Maurice  J  atea,  p.  277.  Everything  that  comos  near  the  boat  in  shape 
of  a  seal  is  shot,  regardless  of  sex. 

Wilton  C.  Bennett,  p.      The  SOX  of  the  soal  can  not  be  told  in  the  water  j 
^^-  I  shoot  everything  that  couaos  near  the  boat. 

Ildwd.  Benson,  p.  277.  We  kill  everythingthat  comes  near  tho  boat,  and 
use  no  discrimination,  but  shoot  them  regardless 
of  sex. 

The  sex  of  the  seal  can  not  be  told  in  the  water  u  nloss  it  be  an  old 
bull,  which  is  told  by  its  size.    I  use  no  discrim- 

Martin  Benson,  p.  405.  ination  in  hunting,  but  kill  everything  that  comes 
near. 

Bernhardt  Bleidner,  p.      It  is  almost  impossible  to  distinguish  the  female 
3^*  seals  from  the  male  in  the  water,  unless  it  is  an  old 

bull. 


to  anytliiii^ 
but  tho  Heul- 
ees. 

}he  male  and 
;  it  be  an  old 


crimination, 
i'om  a  cow  in 
ything  that 


everything 
iho  hunter's 


lale  from  tho 


when  seals 
[uinate. 

L  the  water, 
le  boat. 

le  near  the 

)I)e(l  to  asli 

bulls  have 


it  in  shape 


I  the  water  J 
e  boat. 

le  boat,  and 
regardless 


t  be  an  old 
lo  discrim- 
that  comes 


the  female 
it  is  an  old 


INDISCRIMINATE   BLAUOMTER. 


3(i7 


It  iH  not  possible  to  make  any  distinction  between  males  (other  than 
large  bulls)  and  lenuiles  of  the  fur-sejil  species  at 
sea,  and  there  is  none  attempted.     Full-powered      J.A.Jiradlcy,ii.T21. 
bulls  are,  however,  readily  recognized  at  sea  by 

their  much  larger  size  and  darker  fur;  they  are  seldom  taken,  their 
pelts  being  comimratively  valueless.  The  slaughter  is  therefore  indis- 
criminate, the  object  being  to  secure  all  the  skins  possible. 

We  used  to  shoot  at  anything  we  ran  across,  and  got  about  a  third 
of  what  we  killed  or  wounded.     I  do  not  know 
how  many  miles  oft'  tho  vseal  islands  we  were  when      Thomas  Bradley, p AW. 
we  caught  Ihem,  as  I  did  not  know  the  distances. 


If  thev  ""et       f^yHliam    Jirennan,   p. 


It  is  not  easy  to  tell  a  bull  seal  from  a  <'0w,  or  either  from  a  year-old 
pup,  when  they  are  in  the  water,  and  the  hunters 
must  shoot  at  all  the  seals  they  see. 
them  they  are  fortunate,  for  at  the  best  nniny  are 
lost.  Some  hunters  rarely  miss  a  seal  they  tire  at,  but  many  are 
wounded,  and  a  seal  with  a  charge  of  bullets  and  buckshot  in  him  nuist 
be  in  very  vigorous  health  to  recover.  Some  hunters  never  miss  a  seal 
during  tlie  season,  but  if  others  get  one  out  of  four  they  wound  they 
are  doing  well. 

It  is  practically  impossible  to  distinguish  the  ago  or  sex  of  seals  in 
the  water  while  ai)proaching  them  while  at   u      iivury  Jiruun,p.'Si6. 
reasonable  gunshot  distance  from  them  excepting 
in  the  case  of  old  bulls. 

Use  no  discrimination,  but  kill  all  seal  that  come  near  the  boat.    The 
best  way  to  shoot  seal  to  secure  them :  Slioot  tlieiu 
in  the  back  of  the  head  when  tliey  are  asleep  with      i'e'c  Brown,  p.  313. 
their  noses  under  water. 


I  can  not  disting;iish  male  seals  from  female 
at  a  distance  in  the  water,  unless  it  be  an  old  bull 
with  a  long  wig. 


Landis  Callapa,p.  379. 


Can  not  distinguish  the  sex  of  the  seal  in  the  water  except  in  the  case 
of  an  old  bull,  which  is  told  by  its  size.     Use  no 
discrimination,  but  kill  everything  that   comes     Charles  Campbell, p.25G. 
near  the  boat  in  shape  of  a  seal. 

There  is  no  way  of  distinguishing  the  sex  of  fur-seals  (except  large 
bulls),  in  the  water  at  sea,  nor  do  hunters  ever 
make  any  etlbrt  to  do  so,  but  on  tho  contrary  kill      VaHdU  Chichinoffet  ai., 
all  seals  they  can  indiscriminately.  P-  ^^^' 

Sex  of  the  seal  can  not  be  told  in  the  water  unless  it  be  an  old  bull. 
All  seal  are  shot  tbat  come  near  the  boat,  regard-  simeon  chin-koo-Hn  p. 
less  of  sex.  256. 

It  is  impossible  to  distinguish  the  sex  of  the  iur  seal  in  the  water  at 
sea,  and  no  effort  was  made  to  do  so.  We  killed  j^^^  Chri»iian»vn,  p. 
all  fur-seals  indiscrimiuately,  219. 


I  '■ 


30  8 


RESULTS. 


The  sex  of  tlie  seal  can  not  be  distinjafuislied  in 
reia'Church,p.  2u:7.      the  water.     I  shoot  everything  that  conies  near 
enough. 

I  am  unable  to  tell  a  male  seal  from  a  female 
Jas.  cuqtlanboo,^.  382.  wliile  in  the  water,  unless  it  be  an  old  bull  with  a 
long  wig. 

The  sex  can  net  be  told  in  the  water,  and  all  are  shot  that  come  near 
Jno.  C.  Clement    .258    the  boat.    No  discrimination  is  used ;  hunters  kill 

''        '  everything  they  see- 
In  pelagic  sealing  no  distinction  is  made  by  hxmters  as  to  the  sex  of 
the  seals,  the  killing  being  done  indiscriminately. 
M.  Cohen,  p.  225.  It  is  not  possible  to  distingnisli  between  the  male 

and  female  seals  at  sea  even  if  a  hunter  so  de- 
sired, and  this  is  the  reason  why  pelagic  seal  hunting  will  soon  result 
in  the  total  extermination  of  the  si^ecies. 

Peter  i'oUina,  p.  413.         The  hunters  will  kill  any  seals  that  come  along, 
it  being  in)possible  to  tell  the  sex  in  the  water. 

All  seal  are  killed  that  con)e  near  the  canoe,  whetlier  it  is  male  or 

female.    I  make  no  difterence.     In  former  years 

Charlie  DahtUn, p.  218.  ti'3re  were  lots  of  seal,  but  now  there  are  very 

few.    Too  many  schooners  hunting  them  all  the 

time  in  the  water,  killing  the  motiier  seals  as  well  as  others. 

Alfred Dardean,  p.  322.      We  tried  to  shoot  them  while  asleep,  but  shot 
all  that  came  in  our  way. 


Use  no  discrimination  in  killing  seal,  but  shoot  everything  that  comes 
near  the  boat  in  stiape  of  a  seal.  Hunters  shoot 
seal  in  the  most  exposed  part  of  the  body. 


Geo.Diahow,p.  323, 
Peter  Duffy,  p.  421. 


I  can  not  tell  the  sex  of  tht  seal  in  the  water. 


I  never  examine  them  to  know  whether  they  are  men  or  women  seal. 

I  can  not  tell  the  difterence  in  the  water,  and 

EchoH,  p.  280.  shoot  everything  without  knowing  whether  they 


are  men  or  women. 


While  there  is  some  difterence  in  the  appearance  of  the  female  and 

and  old  male  seals,  I  do  not  think  it  would  be 

M.  c.  Erskine,  p.  422.     p^^jj^ji^i^j  foj.  the  hnnters  to  tell  that  difference  in 

the  sea  at  any  great  distance. 


Chief  Frank,  p.  280. 


Everything  in  shape  of  seal  that  comes  near 
the  boat  is  killed. 


I  can  not  tell  the  sex  of  a  seal  in  the  water;  use  no  discrindna- 

tion,  but  kill  everything  that  comes  uear  the 
Luke  fVunk,  p.  294.        ^j^jy^^j^ 


iTi{?nisbed  in 
;  conies  near 


'om  a  female 
[1  bull  with  a 


it  come  near 
hunters  kill 


to  the  sex  of 
icriminately. 
sen  the  male 
unter  so  de- 
l  soon  result 


come  along, 
the  water. 

it  is  male  or 
'ormer  years 
ere  are  very 
them  all  the 

s. 

ep,  but  shot 


<;  that  comes 
inters  shoot 
)ody. 

the  water. 

women  seal, 
water,  and 
lether  they 


female  and 
would  be 
ifferonce  in 


;omes  near 


discrimina- 
uear  the 


INDISCRIMINATE    SLAUGHTER. 


369 


There  is  no  way  by  which  hunters  can  distniguish  sex  while  the 
seals  are  in  the  water,  nor  do  we  aim  to  do  so; 
the  killing  is  always  done  in  an  indiscriminate      'i'hos.  Frazer  p.  365. 
way. 


I   could   not   tell    whether    a  seal    was  a  male  or  female  while 
it    was   in    the    water,  unless    it    was    an    old 
bull. 


Wm.  Frailer,  p.  427. 


There  is  no  way  that  I  know  of  to  distinguish  the  sex  of  a  seal 
when  it  is  in  the  water.    No  attempt  is  made  to      ^  ^  ^  .  .,„ 

discriminate  the  sex  so  as  to  kill  only  ma.'es.  Feeny,  p.  2L0. 

Can  not  ulstinguish  the  sex  of  seal  in  the  water,      Chad.  George,  p.  365. 
but  spoar  everything  that  comes  near  the  boat, 
regardless  of  sex. 

I  have  never  examined  the  seal  as  to  sex.    I  shoot  everything  that 
comes  near  the  boat  and  use  no  discrimination      fjj^^^g  aibton  p.  281. 
whatever.  '  '    "      ' 

I  kill  everything  that  comes  near  the  boat  and  use  no  discrimination, 
as  the  sex  can  not  be  told  in  the  water,  except  it 
be  an  old  bull,  which  is  told  by  its  size.  aona»iat,  p.  238. 

Can  not  distinguish  sex  of  seal  in  the  water.     Jaa.  Gondowen,  p.  259. 
Hunters  us*^,  no  discrimination,  and  killed  every- 
thing that  comes  near  the  boat. 

We  have  no  way  of  distinguishing  fur-seals  in  the  water  at  sea,  as 
to  whether  males  or  females,  and  do  not  try  to  do  ^vioo«  Grenoroffet  ai„  «. 
so ;  but  kill  all  wo  can  indiscriminately.  231. 

Every  seal  is  shot  that  comes  near  the  boat,  re-     <^a8.  Gnff.n,p.  432. 
gardless  of  sex;  hunters  use  no  discrimination. 

Among  all  other  fur-seals  at  sea  no  distinction  is  possible  and  none 
is  attempted.    The  killing  is  indiscriminate,  the 
object  being  to  secure  all  the  pelts  possible.    Bulls      -J.  J-  Gould,p.  231. 
are,  however,  readily  lecognized  at  sea  by  their 
larger  size  and  darker  fur. 

I  always  shoot  everything  that  comes  near  the  Henrj  Jfaldatie,  p.  281. 
boat;  can  not  tell  the  sex  in  the  water. 

I  use  no  discrimiujition  in  sealing,  but  shoot     Martin  nannon,  p.  U5. 
everything  chat  comes  near  the  boat,  regardless  of 
sex. 

I  can't  tell  a  male  from  a  female  while  in  the     «/<»«.  Harrison,  p.  326. 
water,  at  a  distance. 

My  experience  iias  been  that  the  vessels  employed  in  hunting  seals 
shoot,  indiscriminately,  pups,   male  and  female 
seals,  regardless  of  age  or  sex;  and  even  shouhl      M.  A.  fieaiy,  i).2ii. 
sealers  wish  to  discriminate  in  tlie  killing  it  would 
not  be  possible  lor  them  to  do  so.    My  study  of  them  iu  a  long  ex* 
U  B  8. 


370 


RESULTS. 


perience  hns  not  enabled  me  to  positively  distinguish  the  sex  of  a  seal 
while  in  the  water.  It  is  the  eustom  to  pay  seal-hiinters  per  skins 
taken;  hence  it  is  the  object  of  the  hunters  to  secure  as  many  as  pos- 
sible, without  reference  to  sex,  age,  or  condition.  While  hunting  they 
use  small  rowboats,  with  two  or  three  ukmi  in  each  boat  armed  with 
shotgun  and  rifle,  chiefly  the  former,  and  it  would  be  simply  impossible 
for  the  master  or  owners,  even  sliould  they  desire  it,  to  supervise  ten 
or  a  dozen  hunters  as  to  the  killing  of  any  particular  sex  or  kind. 


Wm.  Hermann,  p.  446. 


It  is  difficult  to  tell  the  sex  of  a  seal  which  you 
shoot  at  in  the  water,  but  you  can  tell  a  young  seal 
from  an  old  seal. 


It  is  impossible  to  distinguish  positively  between  females  and  males 

(other  than  large  bulls)  in  the  water  at  sea,  and 

^Norman  Hodasna,  p.      „„  gjy^pj^  jg  ^^.^^g  ^o  do  SO.    Full-powered  bulls 

are  readily  recognized  by  their  great  bulk  and 
darker  fur.  The  killing  of  fur-seals  is  therefore  absolutely  indiscrim- 
inate, as  the  object  is  to  secure  all  the  skins  possible,  irrespective  of 
sex,  age,  or  condition. 

Hunters  use  no  discrimination  in  shooting  seal,  but  kill  everthing 
that  (iomes  near  the  boat.    Tiiey  could  not  dis- 

0.  Holm,  p.  368.  criminate  if  they  wanted  to,  as  the  sex  can  not 

be  told  in  tbe  water. 

The  sex  of  seal  can  not  be  distinguished  in  the  water,  unless  it  be  an 
old  bull.     No  discrimination  is  used  in  taking 

E.  Hofstad,  p.  260.  seal ;  everything  that  comes  near  the  boat  is 
killed. 

"We  try  to  take  the  seals  when  asleep  on  the  waters,  but  the  hunters 
are  usually  paid  a  certain  sum  for  each  seal  taken, 

Jaa.  Jamieaon,  p.  321.  and  they  try  to  kill  everything,  without  reference 
to  age,  sex,  or  condition. 

I  use  no  discrimination  in  killing  seal,  but  kill   everything    that 
comes  near  the  boat  in  the  shape  of  a  seal.    Al 
J.  Johnson,  p.  331.         ways  shoot  seal  in  the  back  of  the  head,  if  possible. 
Sometimes  seal  are   shot  in  the  shoulders  and 
wound  them;  then  they  can  not  get  away. 

Jack  Johnson,  p.  282.  Everything  in  the  shape  of  a  seal  that  comes 
near  the  boat  is  shot. 

Selioish  Johnson, p.  3SS.  I  am  uinible  to  distinguish  a  male  seal  from  a 
female  seal  while  at  a  distance  in  the  water. 


Johnnie  Johntin,  p.  282.       I  shoot  everything  in  shai)e  of  a  seal  that  comes 
near  the  boat,  and  use  no  discrimination. 

The  sex  of  the  seal  can  not  bo  told  in  the  water  unless  in  the  case  of 

an  old  bull,  which  is  told  by  its  size.    We  use  no 

^^Phtlip  Kaahevaroff,  p.  iiiscrimination  in  shooting  seal.     Everything  is 

•    *  killed  that  comes  near  the  boat,  regirdless  of  sex. 


sex  of  a  seal 
r8  per  skins 
innny  as  pos- 
liunting  they 
armed  with 
ly  iuipossible 
upervise  ten 
or  kind. 

^al  which  yon 
I  a  young  seal 


es  and  males 
c  at  sea,  and 
lowered  bulls 
L'iit  bulk  and 
;ly  indiscrim- 
•resi)ective  of 


iill  everthing 
;ould  not  dis- 
I  sex  can  not 


nless  it  be  ai. 

icd  in  taking 

the  boat  is 


t  the  hunters 
;h  seal  taken, 
out  reference 


[•y thing    that 
a  seal.    Al 
,d,  if  possible, 
loulders  and 


that  comes 


^  seal  from  a 
e  water. 

al  that  comes 
ition. 

in  the  case  of 
We  use  no 
Iverything  is 
rdless  of  sex. 


INDISCRIMINATE   SLAUGHTER. 

We  can  not  tell  the  difference  between  a  male 
and  a  female  in  the  water,  but  kill  everything  that 
comes  near  the  boat. 


371 

King  Kaakwa,p,  295. 


The  sex  of  the  seal  can  not  be  distinguished  in      ^ij,g 
the  water.    Everythiiig  is  shot  that  comes  near  262. 
the  boat,  regardless  of  sex. 


Kethuaduok,  p. 


All  killing  of  seals  in  the  water  must  of  necessity  bo  indiscriminate 
slaughter,  as  it  is  impossible  to  tell  the  sex  or  the 
exact  age  of  a  seal  until  it  has  been  taken  into  the      foo""*'  ^-  -^♦"i'-ff*"* 
boat,  whereas  on  land  careful  discrimination  can  ^' 
be  made. 


Hunters  use  no  discrimination  in  hunting  seal, 
but  shoot  everything  that  comes  near  the  boat. 

Hunters  always  kill  all  seal  that  come  near  the 
boat,  regardless  of  sex. 


Kinkooga,  p.  240. 


C.  Klananeck,  p.  263. 


Female  and  male  seals  lock  the  same  in  water,  uidess  it  be  an  old 
bull,  which  I  can  tell  by  its  bigness,  and  I  shoot 
everything  that  comes  near  the  canoe. 


Jaa.  Klonacket,  p.  'IWA. 


I  kill  everything  that  comes  near  the  canoe,      Robert  Eooko,  p.  296. 


regardless,  of  sex. 


I  always  kill  every  seal  that  comes  near  the 
boat;  hunters  use  no  discrimination. 


Jno.  Kowineet,p.  264. 


killed  in  the 


My  experience  is  that  about  four- fifths  of  all  fur-sc    >> 
water  are  lost.     I  can  not  tell  a  male  from  a  female 
in  the  water,  and  when  killing  them  never  make      Ola/  Kvam,  p. 23G. 
any  effort  to  do  so,  as  the  object  is  to  get  all  the 
skins  possible. 


Have  never  killed  but  few  old  bulls  in  my  life, 
can  be  distinguished  in  the  water  is  the  old  bull, 
which  can  be  told  by  its  size.      Everything  in 
shape  of  seal  that  conies  near  the  boat  are  killed 
if  possible,  regardless  of  sex. 


The  only  seal  that 
George  Laoheek,  p.  265. 


We  can  not  distinguish  between  the  sexes  of  fur  seals  in  the  water 
at  sea,  nor  do  we  try  to.    On  the  contrary,  every- 
thing in  sight  is  taken  if  possible,  except  large     E.L.Lawson,p.22i. 
bulls,  whose  skin>i  are  worthless. 

It  is  impossible  to  <listinguish  between  males  and  females  of  the  fur- 
seal  species  in  the  water  at  sea,  excepting  large 
bulls,  and  no  effort  is  made  to  do  so.  The  object  jaa.  E.  Lennan,  p.  370. 
is  t(»  get  all  the  marketable  skins  possible,  and  the 
killing  is  consecjuently  indiscriminate.  The  pelts  of  large  bulls,  whose 
fur  is  coarse  and  of  little  value,  aiid  of  yearlings  of  both  sexes,  whose 
skins  are  too  small,  not  being  strictly  "marketablo"  skins,  they  wcry 
Uot  taUeu, 


11 


II    ;. 


372 


RESULTS. 


Of  late  years  most  of  the  catches  of  northwest  skins  are  sold  at  a 

certain  price  per  skin,  without  particular  exanii- 

laaac  Liebea,  p.  453.       nation.    The  dealers,  knowing  the  location  ftoni 

which  the  skins  are  obtained,  make  an  average 

price,  and  owners  and  hunters  are,  therefore,  less  particular  than  they 

were  in  former  years  as  to  the  class  of  animals  they  capture.    They  kill 

everything  they  see  without  regard  to  age  or  sex,  their  only  object 

being  to  swell  the  total  number  of  the  catch  to  the  highest  possible 

figure. 

I  am  unable  to  tell  a  male  seal  from  a  female  while  in  the  water,  un- 
less it  be  an  old  bull  with  a  long  wig. 

Formerly,  we  used  to  hunt  seals  for  food  and 
Jaa.  Lighthouse,  p.  389.  Sold  the  skins  to  traders  for  82  or  $3  each,  but  for 
the  last  few  years  we  liave  been  getting  big  prices 
for  the  skins  and  we  catch  all  we  can  without  regard  to  size  or  sex. 
Ten  years  ago  I  seldom  saw  a  white  hunter  shooting  seals,  but  now  the 
sea  is  full  of  them  and  they  are  banging  away  all  the  time,  getting  some 
but  killing  and  wounding  a  great  many  they  do  not  get. 

But  of  course  you  could  not  tell  when  you  shot  a  seal  lying  asleep 
whether  it  was  a  male  or  female.    We  shoot  at  all 

Caleb  UndahlypAoG.  the  seals  we  get  a  chance,  but  it  is  only  the  ones 
that  we  find  asleep  that  we  catch. 

It  is  impossible  to  distinguish  the  sex  of  fur  seals  at  sea  (excepting 
large  bulls),  and  no  effort  is  made  to  do  so,  the 

E.  IF.  Liitlejohn, p.  i57.  object  being  to  secure  all  the  skins  possible;  hence 
the  killing  is  indiscriminate. 


trm.  n.  Long,  p.  458. 


It  is  impossible  to  tell  the  sex  of  a  seal  in  the 
water. 


Geo.  MoAip\ne,p  2G6.  Everything  was  killed  that  came  near  the  boat; 
we  did  not  use  any  discrimination. 

The  sex  can  not  be  distinguished  in  the  water  unless  it  be  the  case 
of  an  old  bull,  wliicli  is  distinguished  by  its  size. 

J.  D.  McDonald, p.  2m.  Everything  is  killed  in  tlic  shape  of  a  seal  that 
comes  near  the  boat. 

When  we  had  fine  weather  we  were  out  in  the  boats  killing  all  the 

„  ,  ,„        seals  wc  could  get.     We  could  not  hunt  in  rough 

Wm.  Mohaac,p.  461.       ^ve^^tUer. 


Sex  of  seal  can  not  be  told  in  the  water.  We  use  no  discrimination 
and  kill  all  seal  that  come  near  the  boat.    Seal 

Ja».  Mcliecn,  p.  267.  are  not  shot  in  any  particular  jilace  ;  shoot  them 
in  the  head  if  possible;  if  not,  in  the  body. 


Edward, 


Maitland,  p. 


It  m.akes  no  difference  if  a  seal  is 
male  ;  we  shoot  everything  that 
euou|j;h. 


a  male  or  fe- 
comcB    near 


are  sold  at  a 
cular  exami- 
ocation  from 
an  average 
ar  than  they 
e.  They  kill 
•  only  object 
lest  possible 


le  water,  un- 

for  food  and 
each,  but  for 
iig  big  prices 
)  size  or  sex. 
but  now  the 
getting  some 


lying  asleep 
e  shoot  at  all 
nly  the  ones 


sa  (excepting 
to  do  so,  the 
ssible;  hence 


I  seal  in  the 


ear  the  boat; 


be  the  case 
by  its  size, 
a  seal  that 


lling  all  the 
int  in  rough 


scrimination 
boat.  Seal 
shoot  theui 
body. 

male  or  fe- 
i^omes   near 


im 


INDISCRIMINATE    SLAUGHTER. 


373 


I  know  it  to  be  the  (uistom  of  seal  hunters  to  shoot  seals  at  sea  when 
they  are  at  rest  upon  tlie  surftice  of  the  water, 
and  that  those  generally  obtained  are  females     John  Malowansky,  p. 
and  (!onstitnte  but  a  very  small  portion  of  those  198. 
killed  and  lost. 

Everything  that  cornea  near  the  boat  in  shape  of  a  seal  is  shot; 
I  can  not  tell  the  sex  of  a  seal  till  after  it  is  i,,edcrickMaso„,p.2Si. 
dead. 

We  hunted  with  shotguns  and  shot  them  mostly  when  they  were 
asleep  on  the  water,  or  any  chance  we  could  get. 
J  was  a  boat  puller,  and  the  hunters  shot  at  every-      mnri/  MuHon,p.  465. 
thing  in  sight. 

Wegenerallytriedtokilltheni  while  .•isleej)in the  Thoncal  Mathasan,  p. 
water,  but  tired  at  everything  that  came  around  us.  339. 

I  shoot  all  seal  that  come  near  the  boat,  regardless  of  sex ;  have  never 
killed  but  two  old  bulls  in  my  life;  1  have  killed  a  few  young  bulls, 
and  plenty  of  yearling  seal;  never  examined  them 

as  to  sex.  Amos  AliU,p.^»:y. 

I  use  no  discrimination  in  shooting  seals;   shoot  everything  that 


comes  near  the  boat,  and  all  other  hunters  do 
the  same. 


G.  E.  Miner,  pAQG. 


Q.  If  awake,  do  you  shoot  them  while  breaching? — A.  Yes,  sir;  we 
shoot  at  them  anywhere,  either  while  they  are 
breaching,  or  heads  up  or  any  way.  ^''''"^ Morean, p.  m. 

We  shot  at  everything  in  sight.    We  killed     Eddie  Moreheaii,pA&l, 
more  females  than  males,  and  we  lost  a  good 
many  that  we  killed. 

Shoot  everything  that  comes  near  the  boat  in     Matthew  Morris,  p.  29,Q. 
shape  of  a  seal,  and  use  no  discrimination. 

The  sex  of  the  seal  can  not  be  told  in  the  water. 
Hunters  use  no  discrimination, but  kill  everything     Nashtou,  p.  298. 
they  can. 

I  can  not  tell  a  male  from  a  female  in  the  water,  and  it  makes  no 
difference;   I  shoot  everything  that  comes  near 
the  canoe  in  shape  of  a  seal.  '^"""^  ^^«''''^'  ^-  298- 

We  shoot  everything  that  comes  near  the  canoe,  regardless  of  sex. 
The  sex  can  not  be  told  in  the  water  unless  it  be 
an  old  bull.  ^«"  Naihlan,  p.  28C. 

Everything  is  killed  that  comes  near  the  canoe  in  shape  of  a  seal. 
We  can  not  tell  a  male  from  a  female  in  the 
water  Joa.Nei8hkaitk,p.2Sd. 

I  can  not  tell  the  age  or  sex  of  seals  in  the     -^t'e*  Nelson,  p,  469. 
water. 


:i:i:: 


374 


RESULTS. 


I  can  not  tell  the  difference  between  a  male  and  female  seal  in  tlie 
water,  and  I  shoot  every  seal  that  comes  near  the 
canoe. 


Ntkla-ah,p.288. 


Sex  can  not  be  distinfjuished  while  the  seals  are  in  the  water,  nor  do 
„    .  ^  ^    the  hnnters  try  to  do  so,  for  they  kill  everything 

Nelson  T.  Oliver,p.  372.  ^hey  can  shoot.  '  -^ 


Osly,  jp.  39. 


I  am  nnable  to  tell  the  sex  of  the  seal  while  it  is  in 
the  water,  unless  it  be  an  old  bull  with  a  long  wig. 


I  never  have  captured  any  full-grown  cows  on  the  coast  that  were 
barren,  and  sc^ldom  see  any  old  bulls  and  can  not 
Wilson  Parker,  p.  392.     ^^^  ^^^^^^  ^^^  ^^f  ^  ^^,.^l  j,^  ^,,g  water. 

It  is  impossible  to  distinguish  the  male  seal  from  the  female  when 
they  are  in  the  water  at  a  reasonable  gunshot 
Chaa.  Peterson, p.3i5.     ^.istance. 

Yearlings  are  rarely  taken  in  North  Pacific.  The  age  or  sex  of  a 
seal  in  the  water  can  not  be  distinguished,  except 

W.  Roberis,p.  241.  that  when  close  the  apparent  size  is  an  indica- 
tion of  age. 


W.  Roberts,  p.  242. 


r  I,  > 


K  >, 


No  discrimination  is  shown  in  taking  scjil.    The 
object  is  to  take  every  one  possible. 


I  use  a  shotgun  to  hunt  for  seal.  Have  lost  very  few  seal,  as  I  al- 
ways shoot  them  near  the  boat.     Everything  in 

Rondtus,  p.  242.  shape  of  a  seal  that  comes  near  the  boat  is  killed. 

I  use  no  discrimination. 

Everything  in  the  shape  of  a  se.al  that  comes  near  the  boat  is  shot. 
Hunters  use  no  discrimination,  but  kill  every- 
Ahel  Ryan,p.  299.  ^hing  that  puts  it  head  above  water. 

It  is  impossible  to  distinguish  a  male  from  a  female  seal  in  the  water. 

except  in  the  case  of  a  very  old  bull,  when  his  size 
L.  G.  Shepard,p.  189.      distinguishes  him.    Therefore  open-sea  sealing  is 

entirely  indiscriminate  as  to  z:^x  or  age. 

Seal  hunters  shoot  all  seals  that  they  can,  becfiuse  they  are  paid  so 
much  a  skin,  whether  large  or  small,  male  or  fe- 

Wm.Short,p.M8.  male.    It  is  impossible  to  distinguish  the  sex  of 

the  seal  in  the  water,  except  the  old  ones. 

All  seal  are  killed  that  come  near  the  boat.    I  never  stop  to  consider 

whether  it  is  a  male  or  female,  but  kill  it  oflt"  if  I 
Jiacifc  (SAucfcy,  J).  289.         ^j^j^^ 

I  can  not  tell  the  sex  of  a  seal  in  the  water^  but 
Martin  Singay,p.  348.  shoot  everything  that  comes  near  the  boat  in  Bliape 
of  a  seal. 


B  seal  in  tlie 
ines  near  the 


rater,  nor  do 
I  everything 


while  it  is  in 
h  a  long  wig. 

it  that  were 
and  can  not 


rem  ale  when 
l)le  gunshot 


»,  or  sex  of  a 
"ihed,  except 
s  an  indica- 


te seal.    The 


seal,  as  I  al- 
erything  in 
)at  is  killed. 


loat  is  shot, 
kill  every- 


1  the  water, 
len  his  size 
a  sealing  is 

B. 

ire  paid  so 
male  or  fc- 
i  the  sex  of 
les. 

to  consider 
1  it  off  if  I 


water,  but 
atinsliape 


INDISCRIMINATE    SLAUGHTER. 


375 


i  ,1 
ir  ;■ 


Hunters  use  no  discrimination,  but  shoot  everything  that  comes  near 
them.    Tlieir  sex  can  not  be  told  unless  in  the 
case  of  an  old  bull,  which  is  distinguishable  by     Jack  Sitka,  p.  268. 
its  size. 

The  sex  of  the  seal  can  not  be  told  in  the  water.    I  kill  everything 
that  comes  near  my  canoe  in  sliape  of  a  seal,  and 
all  other  hunters  do  the  same.  ^'"""^  ^*""'^'  ^-  ^• 

Always  shoot  everything  that  comes  near  the      Geo.  Skultka,  p.  290. 
boat  in  shape  of  a  seal,  regardless  of  sex. 

My  orders  were  to  kill  them  indiscriminately,   everything  I  ran 
across.    It  is  impossible  to  tell  a  female  from  a 
male  in  the  water,  unless  it  is  an  old  bull.  '''"•  '^'"''"'  ^-  '^^^• 

Hunters  use  no  discrimination,  but  shoot  every-      Fred  Smith,  p.  349. 
thing  that  comes  near  the  boat. 

It  is  impossible  to  distinguish  between  male  and  female  seals  at  sea, 
even  if  the  hunters  so  desired,  except  in  the  case 
of  full-powered  bulls,  when  they  are  readily  recog-      jno.  w.  Smith,  p.  235. 
nized  by  their  greatly  superior  size.    Large  bulls 
are  rarely  taken,    No  distinction  is  thought  of  by  pelagic  seal  hunters, 
and  the  killing  is  done  indiscriminately,  the  object  being  to  secure  aa 
many  skins  as  possible. 

Sex  of  seal  can  not  be  distinguished  in  the  water.    We  use  no  dis- 
crimination in   hunting;  shoot  every  seal    that 
comes  near  the  boat.     Seal  are  most  always  shot       fVm.  n.  Smith,  p.  478. 
in  the  head  if  it  is  possible;  if  not  they  are  shot  in 
the  body  where  exposed. 

I  can  not  tell  the  sex  of  the  seal  in  the  water  unless  he  is  an  old 
bull.    A  hunter  will  blaze  away  at  anythiiig  he 


sees  in  the  water. 


7?.  W.  Soron,  p.  479. 


Hunters  use  no  discrimination,  but  shoot  every-  ^Joahua   Siickland,    p. 
thing  in  shape  of  a  seal  that  comes  near  the  boat.  •"'^**- 

Second.    The  sexes  can  not  be  distiiignishcd  in  the  water,  except  old 
males,  and  both  sexes  and  all  sizes  are  killed  indis- 
criminately. ^-  L-  Tanner,  p.  374 

All  seals  are  killed  that  come  near  the  boat,  regardless  of  their  sex. 
I  never  look  to  see  whether  I  have  kiliod  a  male 
or  female  seal  until  I  have  the  seal  dead  in  the  „^5-  Thlkahdaynahkce.p. 
boat. 


269. 


Hunters  use  no  discrimination  in  killing  seul,      W.  Thomas, p.  i2&. 
but  kill  everything  that  comes  near  the  boat,  re- 
gardless of  sex. 

The  sex  of  the  seal  can  not  be  told  in  the  water  when  hunting.  We 
use  no  discrimination,  but  kill  everything  in  the  charlie  Tlakaatan,  p. 
ahape  of  a  seal  that  comes  near  the  boat.  270. 


376 


RESULTS. 


Jno.  C.  Tolman, p.  222.  nuiitors  use  no  discriiTiination  in  taking  seal, 
but  kill  everything  that  pokes  its  head  out  of  water 
near  the  boat. 


Tlie  sex  of  the  seal  can  not  be  told  in  the  water.  Hunters  use  no 
discrimination  and  everj^thing  in  the  shape  of  a 
seal  that  comes  near  the  boat  is  killed. 


Peter  Trearsheit,p.  271. 


I  have  observed  and  learned  that  crews  of  vessels  engaged  in  seal- 
ing kill  all  kinds  without  regard  to  age,  sex,  or 
Francis  Tattle,  p.  487.    condition.    I  have  seen  among  the  skins,  taken 
from  vessels  we  have  seized,  bull  skins  which  I 
■was  told  by  experts  were  comparatively  worthless,  others  so  small  as 
to  be  classed  as  pup  skins. 

Sex  of  seal  can  not  be  distinguished  in  the  water,  except  in  the  case 
of  an  Old  bull,  which  can  be  told  by  its  size.    No 
Jaa.  Uiiatajm,  p.  271.    discrimination  is  used  in  taking  seal;  everything 
that  comes  near  the  boat  is  shot  at. 


Geo.  Usher,  p.  291. 


I  always  shoot  everything  that  comes  near  the 
boat,  regardless  of  sex.    We  use  no  discrimination. 


Sex  of  seal  can  not  be  distinguished  in  the  water.   No  discrimination 
Rudolph    Walton,  p.    is  used  in  seal  hunting;  all  are  killed  that  come 
272,  near. 

The  sex  of  seal  of  same  age  can  not  be  distinguished  in  thewater.    The 
only  seal  that  can  be  distinguished  is  an  old  bull, 
Charlie  Wank,  p.  273.    We  use  no  discrimination  in  seal  hunting;  every- 
thing is  killed  that  comes  near  the  boat.    Pelagic 
hunters  have  become  so  plentiful  and  seals  have  become  so  wild  that 
we  are  obliged  to  take  long  shots  at  them. 

The  sex  of  a  seal  cannot  be  told  in  the  water  except  it  is  an  old  bull. 
P.  S.  Weittenhiiler,  p.  Hunters  use  no  discrimination,  but  kill  every- 
274,  thing  that  comes  near  the  boat. 

Our  purpose  and  practice  was  to  take  all  the  seals  we  could  get,  re- 

Mirhnfi  whiiP  n  AQO    ga^fl^^ss  of  tlicir  age  or  sex,  without  any  discrimi- 
Micuaei  tvinie,  p.  iw.    jj^^i^jj  whatever. 

Can  not  tell  the  difference  between  a  male  and  a  female  in  the  water. 

o.,7   Tiri;-  oArt    Kill  everything  that  comes  near  the  boat,  regard- 

milyWaham,  p.  300.    jgss  of  sex. 


k 


'ii 


Everything  in  shape  of  a  seal  that  eomes  near  the  boat  is  shot.    I 
T.  :,  T,r-,  oni       can't  tell  the  difference  between  a   young  cow 

Fred  Wtlson,  p.  301,  ,  *'         ° 

The  seals  are  getting  w  Id  and  hard  to  catch.    There  are  a  great 

many  green  hands  in  the  business.    We  shot  at 

John  Woodruff,  p.  50G.  everythingthat  came  along.    We  were  getting  50 

cents  for  every  skin  obtained.    Our  boats  went 

30  find  40  miles  from  the  schooner.    Sometimes  they  would  leave  in  the 

morning  at  5  and  not  return  until  next  day  at  4  or  5  in  the  evening. 


INDISCRIMINATE    SLAUGHTER. 


377 


aking  seal, 
out  of  water 


ters  use  no 
)  shape  of  a 
1. 

:efl  in  seal- 
age,  sex,  or 
ikins,  taken 
ns  wliicli  I 
so  small  as 


in  the  case 
3  size.  No 
everything 


BS  near  the 
riiuination. 

iri  ruination 
that  come 


ater.  The 
n  old  bull,. 
ng;  every- 
.  Pelagic 
wild  that 


n  old  bull, 
till  every- 


Id  get,  re- 
Y  discrimi- 


the  water. 
it,  regard- 

3  shot.    I 
)ung  cow 

B  a  great 
e  shot  at 
etting  50 
ats  went 
ve  in  the 
ening. 


The  sex  of  seal  can  not  be  told  in   the  water.    No  discriniiiiiition  is 
used  in  seal  hunting;  all  seal  are  killed  that  come 
near  the  boat.    The  only  seal  that  can  be  distin-  ^J/'"'^'<*^^    tyooiikoot,   p. 
guished  in  the  water  is  an  old  bull. 


274. 


I  can  not  distinguish  the  sex  of  a  seal  in  the  „.„  „  ,  ,  „.„ 
water,  but  kill  every  seal  that  comes  near  the  ^^'"^  ^eiiuch,,,  p.  302. 
canoe,  if  possible. 

I  can  not  tell  the  sex  of  a  seal  in  thewater,anduscno  discrimination, 
but  kill  everything  that  comes  near  my  canoe    ,,    .      ,.  , 
in  shapeof  a  seal.  ^^'""•"^''  i<"/'"<"".i'-302. 

We  use  no  discrimination  in  killing  seal,  but    jj^  yohansen p.  m. 
Siioot  everything  that  comes  near  the  boat. 

What  seals  we  have  seen  this  year  are  very  wild  and  hard  to  get 
at.  The  cause  of  their  being  Avild  is  the  indiscriminate  sliootiiig  of 
them  in  the  water. 

I  use  no  discrimination  and  kill  everything  that    Paul  Young,  p.  292. 
comes  near  the  boat  in  shape  of  a  seal. 

I  can  not  tell  the  difference  between  a  male  and  female  in  the  water. 
Use  no  discrimination,  but  shoot  everything  that     ]yaiker  Young  p.  303. 
comes  near  the  boat.  '    * 

We  fired  at  all  the  seals  we  could,  regardless     g^^  zammctt,  p.  507. 
of  their  sex.    We  got  one  out  of  every  six  or  seven 
we  shot  at  or  killed. 

ATTITUDE  OF  SEALS  WHEN  AIMED  AT. 

The  seals  are  shot  under  any  conditions  in  which  ^-  B.  Aiexiinder,p.  355. 
they  may  be  found,  provided  they  are  in  range. 

Q.  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awako; 
and,  if  awake,  do  you  shoot  at  them  while  breach- 
ing?— A.  Mostly  they  are  asleep,  especially  while      Geo.  Ball,  p.  482. 
they  have  their  pups;  but  there  is  a  good  deal  of 
shooting  done  while  they  are  awake  and  breaching,  but  with  less  chance 
of  getting  them,  to  be  sure. 

We  always  tried  to  slip  up  on  them  and  shoot  Bernhardt  Blddner,  p. 
them  while  they  were  asleep.  3^^- 

Q.  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awake? — 
A.  Asleep. 

Q.  If  awake,  do  you  shoot  at  them  while  breach-  Daniel  ciaussen,p.  412. 
ing? — A.  We  shoot  any  we  can  get. 

Q,  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awake? — 
A.  Mostly  asleep. 

Q.  Do  you  shoot  at  then  while  breaching? —  Luther  T.  Franklin,  p. 
A.  Yes,  sir.  *26. 


378 


RESULTS. 


ill 


Q.  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awake; 

and  if  awake,  do  you  shoot  at  them  while  brcaeh- 

^^Krfword  W.  Funcke,    p.i„g  T_A.  Yes;  we  shoot  at  them  while  they  are 

breaching,  but  if  we  get  a  shot  while  they  are 
asleep  we  shoot  them. 


Thot.  Gibson,  pA^2. 


We  used  rifles  and  shotguns,  and  shot  them 
when  feeding  or  asleep  on  the  water. 


We  seek  to  shoot  the  seals  while  they  are  asleep  on  the  water,  because 

A  ti     i^  wr        oo/>     a  i^eivl  shot  while  breaching  is  more  likely  to  be 
Arthur  Gnjfin,p.  326.     •,      .  ^  •' 

Q.  Are  the  seals  shot  at  asleep  on  the  water  or  awake? — A.  Both. 
ChoB.  a.  Hagman,  p.      ^^-  ^^  y"*^  «ver  slioot  at  a  seal  when  awake  or 
435.  breaching? — A.  Yes. 


n.  Harmsen,  p.  442. 


Q.  Are  the  seals  shot  at  asleep  on  the  water  or 
awake,  usually? — A.  Most  asleep. 


Q.  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awake; 

and  if  awake,  do  you  shoot  at  them  while  breach- 
Wm.  Henaon,p.  484.      innr? — A.  We  take  the  sleepers  first,  and  we  also 

shoot  at  them  while  breaching. 

Q.  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awake? 

Do  you  shoot  at  tiiem  while  breaching? — A.  About 
^Mew  J.  nojrman,p.  ^  ^^^  ^^^^^  ^^.  ^,^^^  .^^^  .^^^^^^^^^  ^^^^  j^^  according 

to  what  are  shot  at,  and  we  also  shoot  at  them 
while  breaching. 

Q.  Are  the  seals  shot  at  asleep  on  the  water  or  awake  generally? — 
Gustave  Isaacson,   p.  A.  Mostly  asleep.    Very  often  they  are  shot  at 
439.  while  traveling,  breaching. 

Frank  Johnson,  p.  441.      Q.  Are  the  seals  shot  at  a^^leep  on  the  water  or 
awake,  usually  ? — A.  rrincipally  asleep. 

Jas.  Kivrnan,  p.  450.  Many  are  shot  while  asleep ;  some  while  breach- 
ing, but  such  are  more  difticult  to  kill. 

Chas.  Lutjens,  p.  459.         Q.  Are  the  seals  you  shoot  at  mostly  asleep  k  a 

the  water  or  awake? — A.  Asleep. 
Q.  Do  you  shoot  at  them  while  breaching? — A.  We  shoot  at  them 
anyway  we  find  them. 

Q.  Are  the  seals  shot  at  asleep  on  the  water  or  awake? — A.  With 
me  they  are  principally  asleep  on  the  water.    Of 

Alex.  McLean,  p.  436.  late  years  they  shoot  them  a  great  deal  when  they 
are  awake. 


Q.  Do  you  shoot  at  seals  when  they  are  awake  or  breach- 
i.ig? — A.  Yes,  sir;  when  they  come  within 
range. 


Alex.  McLean,  p.  437. 


r  or  awake ; 
iiile  brciioh- 
lile  they  are 
ile  they  are 


.  shot  them 


iter,  because 
I  likely  to  be 


-A.  Both, 
en  awake  or 


the  water  or 


T  or  awake ; 
hile  biea(!h- 
aud  we  also 


r  or  awake? 
? — A.  About 
s,  according 
)ot  at  tiieni 


enerally? — 
are  sliot  at 


;he  water  or 

hile  breach- 

y  asleep  k  .<\ 
>ot  at  them 


—A.  With 
water.  Of 
when  +,hey 


or  bread  1- 
me   within 


ATTITUDE    or    SEALS    WHEN    AIMED    AT.  379 

Daniel  ATcLcan,  p,  4 14. 


Q.  Are  the  seals  shot  at  asleep  on  the  water  or 
awake,  usually  ? — A.  Most  asleep. 

Mostly  all  the  seals  we  shot  at  were  sleepers. 

Q.  Are  the  seals  you  shoot  at  mostly  asleep  on 
the  water  or  awake? — A.  They  are  mostly  asleep. 

We  try  to  kill  thesealwhilesleepiiigon  the  water, 
but  also  shoot  at  them  when  they  are  breaching. 


Patrick  Maroney,  p.  4(i4. 
Frank  Moreau,  p.  4G8. 

Edwin  P.  Porter,  p.  347. 


Q.  Are  the  seals  you  shoot  at  mostly  asleep  on  the  water  or  awake, 
and  if  awake,  do  you  siioot  at  tliem  while  breach- 
ing?—A.  Yes,  sir;  if  they  are  breaching  1  geiier-  48/'""'"""'   *'*«'^'"»"'   P- 
ally  shoot  at  them,  but  if  they  are  sleeping  [ 
generally  take  them  at  flrst  while  asleep,  of  course. 


The  hunter  tries  to  shoot  the  seals  in  the  head 
or  through  the  heart. 


John  A.  Swain,  p.  351. 


The  most  of  the  seals  that  we  killed  were  asleep     Adoiph  N.  Thompson, 
on  the  water.  p-  486. 

Hunters  always  shoot  a  seal  in  the  head  when  they  can  do  so.    If 
we  can't  shoot  th'^m  in  the  head  we  shoot  them       .,.  ^  . 
in  the  chest  if  possible.  ^y-  ^<''"»»»«»»  P-  361). 

PERCENTAGE  LOST.— GENERAL  STATEMENTS. 

We  had  a  row  on  board  because  some  of  the  hunters  were  green 
hands  and  the  men  would  not  go  out  in  the  boats 
with  tliem.    They  took  the  hunters  out  of  our       ^*««-  -^'^'»»'"'  P-  *00- 
boats  and  put  them  into  the  other  boats  that  made  no  catch,  and  then 
we  kicked  that  they  should  put  the  green  hunters  into  our  boats,  be- 
cause everything  they  would  shoot  would  sink  on  them  aud  were  lost. 

'^he  destructiveness  to  seal  life  by  pelagic  hunting  is  very  great. 
The  majority  of  sejils  kdled  are  pregnant  females, 
so  tlutt  two  lives  are  often  sacrificed  in  securing  A.  B.  Alexander, p.  356. 
one  skin.  This  is  true  whether  firearms  or  spears  are  used.  In  addi- 
tion to  this,  the  number  of  skins  marketed  does  not  represent  the  num- 
ber actually  destroyed,  for  many  are  killed  that  are  not  secured,  while 
others,  though  fatally  wounded,  still  possess  strength  enough  to  escape 
their  pursuers. 

O  f  those  killed,  the  number  saved  varies  with  the      Chaa.  Avery,  p.  218. 
skill  of  the  hunters.    Last  year  we  lost  very  few. 

A  very  few  are  lost  when  shot  with  the  shot-    Johnny  Baronovitoh,  p. 
gun,  as  we  shoot  them  close  to  the  boat.  ^6. 

In  hunting  with  the  spear  we  don't  lose  many     P«ter  Brown,  p.  377. 
that  we  hit    I  never  hunted  with  guns. 


M> 


i    ;■; 


380 


RESULTS. 


Cha».  Campbell,  p.  256.      Experienced  hunters  lose  very  few  seal  that  are 
Hhot,  but  beginners  lose  a  great  number. 

The  Indian  hunters,  when  they  used  spears,  saved  nearly  every  one 

they  struck.    It  is  uiy  observation  and  experi- 

f;hri»t  Clamen,  p.  .120.  ^^^^^.^,  j.],^|^  .^u  Jndijm^oi.  a  white  hunter,  ludens  very 

expert,  will  kill  and  destroy  many  times  more  than  he  will  save,  if  he 
uses  firearms.  It  is  our  object  to  take  them  when  asleep  on  the  water, 
and  any  attempt  to  capture  a  brea(;hing  seal  generally  ends  in  failure. 

As  to  the  percentage  of  seals  lost  in  pelagic  sealing  where  the  use  of 
firearms  is  employed,  I  am  not  able  to  state  of  my 
W.  C.  Couhon,  p.\\T>.    own  observation,  butfromconversatious  with  those 
engaged  in  tlie  business  I  am  of  the  opinion  that 
the  number  secured  is  small  compared  with  those  lost  in  attempts  to  se- 
cure thenj. 

None  were  lost  when  the  spear  w.as  used.    When  the  shotgun  is  used 

when  ritie  is  used. 

Were  I  engaged  at  present  in  sesiling  I  should  prefer  the  spe.ar  to  the 
rifle  or  shotgun,  and  I  believe  its  use  is  not  near 
Jas.  naiga,dno,p. 364.    ^^  destructive  to  seal  life. 


Geo.  Diahow,p.Z93. 


Old  hunters  lose  but  very  few  seal,  but  begin- 
ners lose  a  great  many. 


The  Indians  have  always  himted  seal  with  a  shotgun,  and  I  am  sorry 

Will  Duncan  p  279        *"  '^'^y  *^^'^*  ^^^^y  '^^^^  killed  a  great  many  more 
'         ■       than  they  secured. 

Eilahuah,p.z^.  In  hunting  with  the  spear  I  get  almost  all  the 

seals  that  I  hit. 


From  the  ammunition  we  furnished  them  I  learned  that  some  of  the 
hunters  on  an  average  used  from  two  to  three  rounds 
of  shot  to  a  seal,  while  others  used  from  forty  to 


Geo,  Fogel,  p.  i2i. 

flfty  rounds. 
Chief  Frank,  p.  280. 


Chad.  George,  p.  365. 


Have  always  used  the  shotgun  for  killing  seal, 
and  but  very  few  are  lost. 

Have  always  used  spear  for  taking  seal,  and  but 
very  few  are  lost. 


t¥~i^, 


w 


W- 


I  have  heard  the  hunters  say  that  they  lost  more  seals  than  they  got. 

I  also  heard  them  say  if  they  got  all  the  seals  they 

Geo,  Grady,  pA33.         gj^^j.  ^^  ^^j^y  ^ould  have  been  home  three  mouths 

ahead  of  time,  with  a  great  deal  larger  catch. 

A  very  large  number  of  shots  are  thrown  away.  In  the  case  of  the 
Thistle,  in  her  voyage  of  1891,  she  brought  in  but 

EtM.Greenleaf,  p.  325.  9  skins,  while  her  hunters  had  fired  away  260 
pounds  of  shot.    She  had  poor  hunters. 


ml  that  are 
er. 

J  every  one 
,11(1  oxperl- 
iinU'rts  very 
save,  if  he 
the  water, 
i=i  in  failure. 

I  the  use  of 
state  of  my 
switlithose 
pinion  that 
mpts  to  se- 


jnn  is  used 
e  are  lost 


pear  to  the 
is  not  near 


but  begin- 

r  am  sorry 
nany  more 

ost  all  the 


)me  of  the 
reerounds 
m  forty  to 


Iling  seal, 
d,  and  but 


1  they  got. 
seals  they 
ie  months 


ise  of  the 
?ht  in  bnt 
iiway  260 


PEBCKNTAGE    LOST. — GKNKUAL    STATKMKNTS.  381 

\\\  V.  Griffith,  i>.  \>m. 


That  in  pelagic  scaling  twice  as  many  seals  are 
lost  as  are  captured. 

In  the  Bering  Sea  wo  killed  both  male  and  fe- 
male, but  I  do  not  know  the  pro{)ortion  of  one  to 
the  other. 

Always  shoot  theseal  ch)8etotheboat  and  rarely 
h)se  one,  but  when  shot  at  with  the  rifle  1  h)se  a 
good  many. 


Jaa.  narriaon,j>.3'2ii. 


Ilooniah  Dick, p.  258. 


I  have  always  used  spears  in  hunting  seals,  and  seldom  woun<led  or 
hit  one  that  1  did  not  get,  until  in  181)1,  which 
year,  and  the  only  one,  1  went  to  Bering  Sea  and      Aifvnl  //tuij/,  p.  380. 
used  the  shotgun  part  of  the  time.     I  found  in  tlie 
use  of  the  shotgun  that  a  great  nnmy  of  the  seals  that  were  killed  or 
wounded  were  lost. 

Quite  a  number  of  seals  are  lostj  I  don't  know      ■'««*  JohMon,p.  282. 
how  many. 

We  lose  but  very  few  seals  that  we  hit  with  a     Seiwiah  JohmoH,p.  388. 
spear. 

At  the  village  of  Hesquiat  I  met  Father  Brabant,  a  Belgian  priest, 
who  had  lived  for  twenty  seven  years  among  the 
Indians  of  the  west  coast.  Through  him  I  ob-  JJ^'"'**  ^^'  ^'^a-^^^l, 
tiii'.ed  the  Indian  view  of  the  present  condition  ^" 
of  tiir  Jilaskan  seal  herd.  I  found  that*  by  the  use  of  the  spear  very 
lev  seals  were  lost,  and  that  the  Indians  of  Vancouver  had  at  one 
time  a  law  among  themselves  i)rohibitlug  the  use  of  guns  in  taking 
seals. 

When  seal  were  struck  with  a  spear  none  were      C.  Elananvck,  p.  263. 
lost;  a  great  many  are  lost  when  the  shotgun  is 
used. 

I  have  often  heard  them  say  that  they  only  get  two  or  three  out  of  a 
school,  and  when  they  kill  them,  if  tliey  do  not 
get  them  right  away,  they  will  sink  and  are  lost.     «/««  Lajlin,p.  451. 
Further,  that  they  lose  a  good  many  that  they    • 
kill. 

The  total  catch  on  being  analyzed  shows  a  favorable  comparison  be- 
tween the  experienced  and  inexperienced  hunt- 
ers, when  the  class  of  boats  and  arms  are  taken  g^^^*"""'  ^-  ^<'^'^«««»» 
into  consideration,  and  the  extraordinary  num-  ^' 
bers  reported  as  wounded  and  lost,  dispels  any  faith  in  the  oft-repeated 
assertion  that  only  one  in,  ten  escape  from  "the  unerring  rifle  in  the 
hands  of  the  experienced  hunter."  Tlie  number,  two-tiiirds  of  tiie 
catch,  captured  by  the  Indians,  gives  the  verdict  entirely  in  favor  of 
the  primitive  weapon  of  the  aborigines  as  against  the  modern  breech- 
loader. 

Q.  Do  you  generally  shoot  seals  with  a  rifle  or     Frank  Moreau,  ^.  469. 
shotgun? — A.  A  shotgun.    Ninety  j)er  cent  iire 
l^illed  witli  a  shotgun. 


382 


RESULTS. 


Mattheto  Morris, J).  28G.      Always  use  tlie  shotgun  for  taking  seals.    1 
lose  very  few,  as  I  always  shoot  them  close  to  the 


boat. 


Moaet,  p.  510, 
all  that  they  speared. 


The  white  men  shot  a  great  mnvy  seals  that 
they  did  not  get,  but  the  ludiai^::,  secured  nearly 


i¥ 


1 . 1 


I  can  not  say  now  many  seals  are  killed  arid  wounded,  but  thf  re  is  no 

MoirisMoan  n  342         *^""^*  *^'^^  ^^*^^^^  hunters  lose  many,  while  those 
'^*      '        more  experienced  in  the  business  lose  fewer. 

We  used  the  spear  more  than  the  gun  and  secured  nearly  all  of  them 

that  we  hit  with  it,  but  lost  a  great  many  seals 

08ly,p.  391.  that  we  shot.    We  prefer  to  use  the  si)oar  because 

in  so  doing  we  do  not  lose  so  many  or  frighten 

them  away. 

Adoiphus SayerSfpAlS.      The  shotgun  is  not  as  fatal  as  the  rifle,  but  it 
ruins  the  skins  of  the  seals. 

Breech-loading  firearms  (rifles  and  shotguns)  are  the  instruments 

principally  employed  by  pelagic  fur-seal  hunters, 

John  W.  Smith,p.233.   both  native  and  white.    By  means  of  these  wea])- 

ons  a  greater  number  of  skins  are  secured  in  a 

season  than  when  spears  are  used;  but  the  proportion  of  seals  struck 

and  lost  to  those  actually  secured  is  much  less  thau  when  the  spear  is 

used. 

The  best  hunter  will  fire  about  twenty  cartridges,  and  they  get  ten 
or  twelve  seals,  while  a  hunter  of  less  experi«Mice 
m'^^''^  '^"  ^''*'""^^*""nvill  fire  one  hundred  rounds  and  get  nothing,  but 
^"  Avill  wound  and  disable  them. 

Charlie  Wank,  p.  273.        When  the  spear  was  used  no  seal  were  lost. 
Now  a  great  many  are  lost  wlien  shot  with  a  shot- 
gun and  rifle. 

Charley  White,  p.  395.       I  have  always  used  spears  in  hunting  the  seals, 
and  very  seldom  lose  one  I  hit. 


The  investigation  further  disclosed  the  fact  that  of  the  large  number 
of  seals  killed  by  i)clagic  hunters  only  a  portion  of 

W.  H.  Williamis,p.93.  them  are  secured,  and  while  all  admitted  that 
some  were  l(>st  tliey  differed  very  considerably  as 
to  the  number.  In  one  instance  a  hunter  claimed  that  he  secured  nearly 
all  that  he  killed,  and  in  another  instanise  it  was  said  that  only  one  out 
of  fifteen  was  secured.  A  great  majority  of  the  hunters  viieu  closely 
(piestioned  admitted  the  losing  of  a  large  proj)ortioii  shot  at,  and  I  am 
of  the  opinion  that  the  wide;  difference  in  tlieir  statement  was  due  to 
two  facts:  First,  some  hunters  are  more  skillful  than  others;  and,  sec- 
ond, some  base  their  estiinato  on  what  they  know  to  have  bceu  actually 
killed,  while  others  estimate  tiom  the  u'lu^ber  shot  at 


iiiff  seiila.    1 
I  close  to  the 


f^y  se.als  that 
cured  uearly 


it  there  is  no 
,  while  those 
fewer. 

7  all  of  them 
many  seals 

)ear  because 
or  frighten 


5  rifle,  but  it 


instruments 
eal  hunters, 
these  weaj)- 
e(!ured  in  a 
seals  struck 
the  spear  is 


;hey  g'c't  ten 

experience 

lothing-,  but 


1  were  lost, 
with  a  shot- 


g  the  seals, 


•ge  number 
'.  portion  of 
nitted  that 
liderably  as 
iircd  nearly 
Illy  one  out 
lien  closely 
;,  and  I  am 
was  due  to 
i;  and,  sec- 
en  actually 


PERCENTAGE  LOST. GENERAL  STATEMENTS. 


383 


m 


■ 


In  attempting  to  determine  the  sex  of  seals  killed  in  the  Bering  Sea 
and  the  North  Pacific,  and  of  the  number  of  seals 
killed  ill  excess  of  tliose  actually  secured  by  the  .Jf''^'''  ^'  '^*'^*'""*'  jP* 
hunters,  I  had  interviews  with  ui>ward  of  r>0  seal 
hunters,  aside  from  interviews  subsequently  had  with  Indian  hunters. 
I  found  this  portion  of  my  work  by  far  the  most  ailticu!t.  IMucli  dis- 
cussion had  already  been  had,  about  the  damaging  effect  of  pelagic  seal- 
ing, and  the  hunters  were  loath  to  tell  how  many  seals  were  killed  and 
not  recovered,  and  were  ofien  averse  to  making  truthful  reports  about 
the  sex  of  the  animals  killed;  but  by  frecpicnting  their  haunts  and  cul- 
tivating their  company  for  long  periods  I  succeeded  in  getting  accurate 
statements  from  a  number  of  them. 

T  found  that  at  first  the  hunters  were  disposed  to  brag  of  their  skill 
and  to  overestinuxte  their  success  in  securing  skins 
of  seals  Mtiot  at.  The  reason  for  that  was  that  an  ^.yi^'"''  ^'  "'"'«'»«»  P' 
impression  prevailed  among  many  of  them  that  I 
was  about  to  ciigage  in  sealing  enterprises,  and  that  I  was  making  in- 
quiries for  the  purpo.^e  of  ascertaining  their  skill  as  hunters,  with  the 
view  to  engaging  them. 

The  practice  in  British  Columbia  is  to  pay  the  best  hunters  the  high- 
est rate  per  skin.  Men  who  could  shoot  fairly  well,  but  who  use  a  shot- 
gun, could  be  secured  for  a  sealing  voyage  from  $1  to  iil.oO  per  skin, 
while  hunters  who  shot  with  the  rifle  and  were  of  rt^cognized  skill  in 
some  instances  were  paid  as  high  as  $2.50  per  skin,  and  generally  speak- 
ing as  high  as  $2  per  skin.  The  reason  for  this  is  obvious  to  those  who 
have  interested  tliem. elves  iii  the  sealing  business,  A  seal  killed  with 
buckshot  is  so  nuich  pun(!tured  frequently  that  the  i)elt  is  of  lesser 
value.  It  is  not  profttable  for  schooners  to  engage  as  lumters  men  who 
miss  their  chances  of  killing  the  seals  and  blaze  away  indiscriminately 
with  small  results.  Eveu  though  the  hunter  is  onl>  paid  for  the  skin 
he  I'ecovers,  the  loss  to  the  vessel  by  his  failure  to  kill  when  an  oppor- 
tunity offers  is  equivalent  to  the  profit  it  would  have  made  on  the  skin 
if  secured.  For  these  reasons  and  on  account  of  the  genei'al  proneness 
of  men,  who  consider  themselves  experts  in  the  use  of  i.ay  wea])on,  to 
brag,  the  seal  hunters  of  British  Columbia,  as  a  class,  grossly  exaggerate 
the  percentage  of  skins  they  recover  to  the  number  of  seals  aimed  at, 
wounded,  or  killed. 

In  attempting  to  ascertain  exactly  the  numlter  of  seals  killed  and 
lost  by  the  Bering  Sea  hunters,  I  lb-  ud  a  wide         ,       ^   , 
divergence  of  statement.  rm  '  "'""*'"*' -P* 

It  is  greatly  to  the  advantage  of  the  seal  hunter 
to  have  the  rejmtation  of  losing  but  few  seals.  He  i  paid  by  the  skin, 
and  the  more  he  catches  the  greater  his  reuuineration;  but  that  is  not 
all.  The  hunter  with  the  best  reputation  as  a  sure  catcher  is  in  the 
greatest  deiiumd,  can  secure  employment  in  the  best  schooner,  and  the 
largest  sum  of  advance  mou(^y.  Besides  self-inferest,  f  here  comes  vanify 
to  urge  the  hunter  to  make  the  biggest  reputation  possibh;  for  himself'. 

To  use  a  common  expression,  the  seal  hunters  all  brag  about  tlnnr 
sureness  of  aim.  The  best  shots  use  a  rifle,  and  Are  at  a  range  of  from 
50  to  125  yards.  The  poorer  shots  dei)end  on  a  shotgun  hiaded  with 
buckshot,  and  will  Are  at  a  seal  up  to  50  yards  away. 

The  Indian  hunters  use  spears,  ami  paddle  noiselessly  up  f  o  the  sleep- 
ing seal  to  plunge  the  spear  in  its  shoulder.  They  never  attempt  to 
sX)ear  a  seal  that  is  awake.    An  Indian  hunter  will  paddle  in  among  a 


384 


RESULTS. 


lot  of  "sleepers"  and  spear  tliein,  one  aftev  the  otlier,  while  a  white 
hunter  who  uses  firearms  alarms  every  seal  in  the  neighborhood  at  the 
first  discharge. 

The  Indians  lose  about  one- third  of  all  they  spear,  either  from  failure 
to  kill  when  they  strike  or  because  the  dead  seal  sinks  too  quickly  for 
them  to  secure  it.  , 

The  white  hunters  do  not  get  one-half  of  all  they  shoot.  Some 
hunters  are  very  careful  shots  and  will  not  fire  unless  the  seal  is  well 
within  range,  but  the  seal  is  likely  to  sink  before  uie  boat  can  get  to 
it,  or,  if  wounded,  will  dive  like  a  flash  to  get  away.  A  number  of 
hunters  have  boasted  that  they  secuie  ninety-five  seals  for  one  hundred 
shots,  and  some  have  made  aftidavits  of  even  more  wonderful  exploits. 
They  presume  too  much  on  i>ublic  ignorance  and  credulity. 


1^ 


'm 


Fortunately,  it  is  not  necessary  to  depend  on  the  statements  of  the 
seal  hunters.    I  sec. red  access  to  the  ship  ac- 

T.  T.  Wiiliama,  p.  504.    couuts  of  several  .s  .  if  3,  and  found  that  in  every 
case  the  consumpi^'O'.  of  ammunition  showed  more 
than  ten  cartridges  used  for  every  se  ''"'.an  captured. 

I  spent  considerable  time  among  the  Siwash  Indian  sealers,  and,  while 
they  brag  of  t\mv  individual  prowess,  they  admitted  a  loss  of  30  per 
cent  at  least.  On  this  subject  I  append  a  statement  made  by  Captain 
Olsen,  of  the  sealing  bark  Bessie  Riiter^oi  Victoria: 

Captain  Olsen,  of  the  American  schooner  Bessie  Buter,  of  Astoria, 
reached  Victoria  September  27, 1889.  In  the  office  of  the  American 
consul,  Col.  It.  Stevens,  he  said:  "I  took  550  skins  in  the  Bering.  Of 
these  27  were  pups,  520  females,  and  3  male  seals,  which  I  killed  oft" 
the  island  of  Kodiak.  Most  of  the  female  seals  were  with  young.  I 
liad  a  green  crew  and  green  hunters.  They  used  shotguns  and  some- 
times the  rifle.  They  got  about  I  seal  for  every  3  they  aimed  at.  Some 
they  missed  altogether,  and  some  of  the  wounded  ones  got  away. 
There  is  great  risk  of  losing  a  traveling  seal.  The  sleeping  sea!  blow 
up  an  air-bladder  that  keeps  them  from  sinking,  but  the  seal  when 
awake  sink  easily.  Hooks  are  used  to  grapple  them,  but  if  the  boat  is 
some  distance  from  the  seal  when  it  is  killed  it  does  not  often  get  it. 
For  that  reason  rifle  shooting  at  long  range  hardly  pays.  I  will  get 
about  $7.75  for  some  of  my  skins  and  $8  for  others.  My  voyage  will 
pay,  because  I  ran  the  boat  on  the  cheap.  I  only  had  two  men  to  the 
boat,  and  only  paid  my  hunters  $1  a  skin,  instead  of  $2,  which  is  paid 
to  first-class  hunters.  Some  very  skillful  hunters  do  not  lose  many 
skins.  They  will  never  fire  unless  a  seal  is  at  close  range,  and  they 
generally  kill.  Of  course,  they  lose  some  from  sinking.  All  the  hun- 
ters brag  about  how  few  they  lose,  because  they  want  the  reputation 
of  being  good  hunters.  The  better  reputation  they  have  the  better 
chance  they  get. 

"  If  the  Bering  Sea  was  open  many  new  men  would  come  into  the 
business,  and  the  loss  would  be  greater.  Only  a  few  men  make  suc- 
cessful hunters.  It  is  like  being  a  clever  rifle  shot.  If  the  best  hunt- 
ers lose  ten  or  fifteen  in  a  huiulred  the  other  kind  lose  ten  times  as 
many,  if  not  more.  Green  hands  will  throw  away  a  h)t  ammunition, 
shooting  at  everything  they  see,  whether  it  is  in  range  or  not.  You 
3au  not  stop  them.    They  will  wound  more  than  they  kill." 


m 


lile  a  white 
hood  at  the 

from  failure 
quickly  for 

loot.  Some 
seal  is  well 
t  can  get  to 
.  number  of 
me  Lundred 
ful  exploits. 


lents  of  the 
he  ship  ac- 
hat in  every 
howed  more 

I,  and,  while 
88  of  30  per 
by  Captain 

of  Astoria, 
B  American 
Bering.  Of 
I  killed  off 
1  young.  I 
i  and  some- 

I  at.  Some 
got  away. 

g  seal  blow 
seal  when 
the  boat  is 

)fteu  get  it. 
I  will  get 

v^oyage  will 
men  to  the 
lich  is  i)aid 
lose  many 
,  and  they 

II  the  hun- 
reputation 
the  better 

ne  into  the 
make  sue- 
best  hunt- 
Mi  times  as 
iimunition, 
not.     You 


PERCENTAGE   LOST   OF   SEALS   KILLED. 

PERCENTAGE  LOST  OF  SEALS  KILLED. 

Page  195  of  the  Case. 


385 


From  my  experience  I  am  satisfied  that  33.^  per  cent  shot  with  a  shot- 
gun are  lost,  and  when  a  rilie  is  used  a  larger  per 
cent  are  lost  when  killed.  ^^^  Anderson,  p.  313. 

We  lost  fully  three  out  of  four  that  we  killed.        ff.  Andrioius,  p.  314. 

On  an  average,  we  saved  one  out  of  three  that     Bernhardt  nieidner,  p. 
were  ki^^-^d.  315. 

It  is  my  honest  belief  that  for  every  fur-seal     J.  A.  Bradley,  p.  221. 
skin  obtained  by  pelagic  sealers,  at  least  five  other 
seals'  lives  are  taken. 


During  the  trip  of  1891 1  don't  tliink  we  got  more  than  one  seal  out 
of  six  that  we  killed;  many  were  wounded,  and 
others  were  shot  dead  and"sank  before  the  boat  _no8.Brown{No.i),p. 
could  get  to  them. 


319. 


I  think  on  an  average  T  got  one  out  c,2  every  three  killed,  but  some 
of  my  hunters  did  not  do  as  well.     It  is  dillicult 
to  get  more  than  one  breaching  seal  out  of  six    •Jas.L.Carthout,p,i<Xi. 
killed.     It  is  the  custom  for  hunters  to  brag  about 
how  many  seals  they  get  out  of  the  number  killed,  and  in  trying  to 
outdo  each  other  they  generally  exaggerate  the  facts. 

No  seal  was  lost  when  struck  with  spear.  Fifty  per  cent  are  lost 
when  killed  with  shotgun,  and  a  larger  propor-  Simeon  Chin-koo-tin, p. 
tion  are  lost  when  the  ritle  is  used.  256. 

"Native  hunters  secure  about  one-third  of  all  fur-seals  killed  at  sea, 
Tvhile  in  my  belief  white  hunters  secure  evtm  a     ^  cohen  v  225 
less  number  in  proportion  to  those  killed.  '  '  ^* 

An  average  hunter  avIU  get  one  out  of  four  of  breaching  seals,  and 
one  out  of  three  of  sleepers  that  he  kills,  but  a      d  ,    r^  „■ 
common  hunter  will  not  get  so  many.  ^*'*^  ''""•"'''  P'  *^^' 

And  that  a  vast  number  of  the  seals  killed  by     Leander  Cox,  p.  417. 
them  are  lost. 


It  is  my  experience  that  very  few,  if  any,  seals  were  lost  by  the  hunt- 
ers  who  use  the  spear,  but  fully  ?">  per  cent  of  all 
those  killed  by  the  ritle  were  lost. 


Jaa,  Dalgarduo,  p,  3G4. 


Our  hunters  used  shotguns,  and  were  good  hunters.    They  lost  a 
good  many  seals,  but  I  do  not  know  what  propor- 
tion was  lost  to  those  killed.     Some  of  the  hunt-      Alferd  Dardean,  p.  322, 
ers  would  lose  four  out  of  every  six  killed. 

25  BS 


386 


RESULTS. 


From  my  observation  of  the  methods  employed  by  the  open-soa  hunt- 
ers r  believe  that  a  very  large  proportion  of  those 
M.  C.  Emkine,  p.  423.     killed  by  thoiu  are  lost.     1  have  often  heard  seal- 
ers so  express  themselves.    They  have  said  to  mo 
that  they  get  only  about  one  out  of  five  shot  or  killed;  others  nuvde  the 
loss  still  greater.    I  think  the  latter  statement  more  nearly  correct. 

F.  F.  Feeny,  p.  220.        Of  seals  killed,  about  four  out  of  five  are  saved. 

Q.  What  percentage  of  seals  are  taken,  compared  to  those  you  de- 
stroy in  doing  so  ?    How  many  do  you  get  of  those 
425."  ''^•«»*'»».  P-  yon  slioot?— A.  That  depends   upon  the  hunter. 

The  general  average  is,  about  thirty-five  to  forty 
are  taken  out  of  one  himdred  that  are  killed. 

Q.  Is  it  not  a  fa(;t  that  when  you  Qist  started  in  the  business  and 
was  inexperienced  in  hunting,  that  you,  like  all  other  beginners,  de- 
stroyed a  much  larger  proportion  than  you  now  do? — A.  Yes,  sir. 

An  experienced  hmiter  like  myself  will  get  two  out  of  tliree  that  he 
kills,  but  an  ordinary  hunter  w(mld  not  get  more 


Tho8.  Gibson,  p.  432. 


than  one  out  of  every  three  or  four  that  he  kills. 


I  lose  about  50  per  cent  when  I  use  the  shotgun,  and  more  are  lost 
when  ri  He  is  used.    I  always  shoot  tliem  in  the 

Gonasiut,  p.  238.  head  when  possible,  but  if  not  possible  I  shoot 

them  in  any  jiart  of  the  body  that  is  exposed. 

Jas.  Gondowen,  p.  259.  About  oO  per  cent  are  lost  Avhen  killed  with  a 
shotgun,  and  a  larger  per  cent  when  rifle  is  used. 

A  good  hunter  will  often  lose  one-third  of  the  seals  he  kills.  A  poor 
hunter  will  lose  two-thirds  of  those  lie  shoots.    On 

Arthur  Griffin,  p.  326.  an  average,  hunters  will  lose  two  seals  out  of 
three  of  those  they  shoot. 


k 

- 1/' ' 


Jo8.  Grymes,  p.  431. 


The  hunters  would  get,  on  an  average,  one  out 
of  every  four  they  killed. 


On  an  average,  T  think  the:  hunters  will  save  about  one  out  of  three 

Jaa.  Harriaou,  p.  326.     *'"^*^'  tl^^T  kill,  but  they  wound  many  more  that 
escape  and  die  afterwards. 

Formerly  the  seals  were  gentle  and  the  api)roach  of  a  vessel  did  not 

even  alarm  them,  but  when  firearms  came  into  use 

M.  A.  nealy,p.  28.        it  so  IViglitencd  them  that  they  hatl  to  be  shot  at 

long  range,  entailing  a  loss  of  not  less  than  three 

out  of  every  four  or  five  killed. 


I  think  T  got  half  of  what  1  killed  and  wounded.  I  do  not  think  that 
the  gieen  hunteis  get  more  than  one  out  of  every 
four  or  live  that  they  kill. 


Jaa.  Kcan,  p.  448. 


My  experience  convinces  me  that  a  large  percentage  of  the  seals  now 

r^o   i<-;»....««  ,.  i^n       killed  by  shooting  \.ith  ritles  and  shotguns  are 
Ja8.  Liernan,  p.  iM.  .  •'  r-  •  i  i     -,     .  .  ^    .. 

lost.     JNly  estimate  would  be  that  two  out  ot  every 

three  killed  are  lost.     Formerly  the  killing  was  done  by  spearing,  and 


PERCENTAGE    LOST   OF    SEALS    KILLED. 


387 


in -sea  huTit- 
ion  of  those 
heard  seai- 
e  said  to  mo 
rs  made  the 
correct. 

ire  saved. 

ose  you  de- 
get  of  those 
the  hunter. 
i\'e  to  forty 

usiuess  and 
fiinners,  de- 
es, sir. 

iree  that  he 
ot  get  more 
at  lie  kills. 

lore  are  lost 
:liem  in  the 
ible  I  shoot 
exposed. 

:illed  Avith  a 
■ifle  is  used. 

lis.  A  poor 
shoots.  On 
leals  out  of 


ige,  one  out 


out  of  three 
more  that 


in  later  years  it  was  learned  that  shooting  them  was  a  swifter  method 
of  killing.  xVt  the  start  the  hunters  were  iuexperienced  aud  a  large 
proportion  were  lost. 


I  use  the  shotgun  for  taking  seal,  and  sometimes 
I  lose  one  or  two  out  of  ten  that  I  kill. 

Breech-loading  firearms  were  used  exclusively, 
a  hunter  was  a  (uitch  of  80  per  cent  of  all  fur-seals 
killed 


Jaa.  Klonacket,  p,  2SS. 

My  own  success  as 
E.  L.  LawBon,  p.  221. 


I  have  made  it  my  business  to  find  out  what  proportion  of  skins  of 
seals  killed  are  really  brought  into  the  market, 
and  from  the  inforination  which  I  obtained  from      Geo.  Liabea,  p.  511. 
the  sealers,  hunters,  and  those  owning  the  skins, 
I  learned  that  on  an  average  only  about  one  out  of  six  killed  was  so- 
cured,  varying  with  the  expertnej^s  of  the  hunter. 

That  by  reason  of  Ills  long  a<;quaintance  with  the  business  and  his 
conversations  with  tlie  captains  of  tlie  vessels 
called  poachers,  and  the  hunters  eni[)loye(l  on  fferman  Lkbcs,  p.  5U. 
those  vessels — tliat  is,  the  persons  who  actually 
shoot  the  seals — deponent  is  satisfied  tliata  large  number  of  the  sejils 
which  are  shot  are  not  caught,  but  are  lost,  and  that  the  number  so 
killed  aud  lost  is  at  least  25  to  30  per  cent. 

The  number  of  seals  actually  s(M',ured  to  the  number  killed  does  not 
exceed  about  one  in  four,  or  about  one  is  taken 
for  every  three  destroyed,   varying,  of  course,      imao  Liebca,  p.  453. 
with  the  skill  and  experience  of  the  hunters. 

From  these  ccmversations  I  should  Judge  they  did  not  secure  more 
than  (me-half  of  the  seals  killed;  and  tliis,  I  think, 
is  a  large  estimate  of  the  number  secured. 


A,  P.  Loud,  p.  39. 


I  have  frequently  noticed  in  the  harbor  of  Petropaulovsky  that  the 
natives,  in  killing  hair-seals,  are  only  able  to  obtain 
one  aninuil  (Uit  of  every  four  or  five  of  thos(>kiIled,    Jm.  Malowan8ky,p.  198. 
and  that  they  frequently  wait  about  four  daysfor 
the  bodies  to  be  washed  ashore. 


ssel  did  not 

nu^,  into  use 

)  be  shot  at 

than  three 


fc  think  that 
)ut  of  every 

e  seals  now 
lotguns  are 
wt  of  every 
earing,  aiul 


It  takes  anywhere  from  one  to  twenty  shots,  on  the  average,  to  secure 
a  seal,  and  1  think  we  got  about  three  out  of  live 
that  we  killed;  but  we  nniy  not  iuivegotasmany,      Thorwal  Mathasan,  p. 
for  poor  hunters  wouldn't  get  more  than  one  out  339. 
of  five. 

None  I  lost  when  I  used  spear.   About  20  per      Xashtou,  p.  298. 
cent  are  lost  when  killed  with  shotgun. 

An  experienced  A  No.  1  seal  hunter,  in  shooting  sleeping  seals  with 
a  sliotgun,  will  get  a  large  pro|>ortion  of  what  ho 
kills,  and  will  get  one  out  of  four  breeching  seals      mics  Nehon,  p.  409. 
that  he  kills,  but  an  ordinary,  common  hunter, 
like  myself,  will  sometimes  use  ten  cartridges  and  not  get  one  seal.    I 
can  safely  say  that  a  comuiou  hunter  will  only  get  one  seal  out  of  three. 


388 


RESULTS. 


The  white  hunters  who  used  ji^ins  in  tli  i  Bering  Sea  were  banging 

away  at  the  seals  sometimes  all  day  long,  and 

Osly,  p.  391.  they  would  lose  a  great  many  of  those  that  they 

had  shot.    I  do  not  think  that  they  brought  to 

the  schooner  one-half  of  those  that  they  killed,  to  say  nothing  of  those 

that  they  wounded  and  got  away. 

But  since  it  has  become  the  practice  to  hunt  seals  with  guns  a  good 

many  are  killed,  wounded,  and  lost.  Green  hunt- 

Wm.  Parker,  p.  Mi.      ers  bang  away  and  wound  more  than  they  kill 

and  will  shoot  six  or  seven  before  they  get  one, 

and  sometimes  more.    Good  hunters  will  do  nuich  better.    I  used  to 

get  most  of  the  seals  T  killed,  but  I  have  killed  live  dead  in  succession 

and  lost  the  whole  of  tliem. 


Our  best  hunters  would  secure  half  of  the  seals  shot,  but  the  poorest 
ones  would  not  get  more  than  one  out  of  twenty, 
Chaa.  Peterson,  p.  345.    ^j^^  average  being  one  secured  out  of  five  killed. 

An  ordinary  hunter  will  lose  about  four  out  of  every  six  he  kills. 

Some  do  not  do  near  as  well,  while  others  do  bet- 

Edtvin  P.  Porter, p.  347.  ter.    The  percentage  of  loss  to  those  killed  is  less 

on  the  coast  than  it  is  in  the  Bering  Sea,  for  the 

seals  are  more  fat  and  do  not  sink  as  quick,  but  a  great  many  are 

wounded  and  lost.    The  Indians,  when  they  use  the  spears,  lose  but 

very  few.    They  get  up  close  to  the  sleeper  and  scarcely  ever  miss 

getting  it. 


Abel  Byan,  p.  299. 


Shotgun  is  exclusively  used  by  me  for  taking 
seals.  Lose  about  20  per  cent  of  those  killed 
with  shotgun. 


The  captain,  mate,  and  myself  went  out  several  times  with  the  stern 

boat,  and  we  killed  15  the  first  time  we  went  out. 

Peter  Simea,  p.  476.       I  think  we  went  out  that  way  three  or  four  times, 

and  we  usually  got  about  one  out  of  four  killed.  I 

recollect  one  day  when  we  were  hunting,  bad  weather  set  up,  and  we 

did  not  get  any  seals.     In  good  weather  we  got  more  seals  than  we  did 

in  bad  weather. 

Geo.  SkuUka,p.  290.       I  lose  pretty  near  half  of  the  seal  that  I  kill 
[with  the  shotgun]. 


E.  W.  Soron,  p.  479. 


And  we  only  got  about  one  out  of  five  killed. 


I*' 


^        „    ,  „„       [An  ordinary  hunter  will  not  get]  more  than  one 

CyruB  stephena,  p.  479.  ^^^^  ^^  ^^^^  ^.j^.^j.  j^^  j^ju^^  .^^^j  sometimes  not  that. 

Our  hunters  used  shotguns  and  lost  a  great 
John  A.  Swain,  p.  350.  many;  I  think  we  would  save  two  out  of  five  that 
we  killed. 

First.  Pelagic  sealing  is  wasteful,  as  a  large  percentnge  of  seals 

„  ,    _,  „_.       killed  are  lost.    Opinions  on  that  point  varying 

Z.  L.  lar...r,  p.  374.       ^.^^^  gj^  ^  ^0  per  cent. 


e  banging 
long,  and 
that  they 
rought  to 
g  of  those 


ms  a  good 
reen  hunt- 
II  they  kill 
sy  get  one, 
I  Tised  to 
successiou 


he  poorest 
jf  twenty, 
ve  killed. 

ix  he  kills. 
ers  do  bet- 
illed  is  less 
ea,  for  the 
:  many  are 
i,  lose  bnt 
ever  miss 


for  taking 
lose  killed 


I  the  stern 
went  out. 
bur  times, 
ir  killed.  I 
ip,  and  we 
lan  we  did 


that  I  kill 


Ive  killed. 

e  than  one 
not  that. 

}t  a  great 
f  five  that 


B  of  seals 
it  varying 


PERCENTAGE   LOST   OF    SEALS    KILLED. 


389 


Oil  my  first  voyage  I  think  we  got  two  out  of     Adoipk  w.  Thompson, 
every  five  that  we  killed.  P'  ^^• 

Wlien  seal  were  struck  with  a  spear  none  were      Charlie  Tlak$atan,  p. 
lost;  lose  about  50  per  cent  when  killed  with  ^^' 
shotgun. 

I  had  in  my  employ  men  who  are  old  seal-hunters,  and  who  were 
formerly  engaged  in  that  business,  and  they  have 
often  told  me  tliat  they  lost  at  least  two  out  of     M.L.  Wa»huurn,p.i89. 
every  three  they  killed. 

Deponent  is  of  the  opinion  that  in  ad<lition  to  the  seals  actually 
caught  a  very  large  number  are  killed  and  not 
caught;  and  he  bases  this  opinion  upon  the  decla-  c.  A.  Williams,  p.  538. 
ration  to  him  of  large  numbers  of  persons  engaged 
in  pelagic  sealing.  He  is  not  able  to  state  accurately  what  that  pro- 
portion is,  but  considers  that  two-tit'ths  would  be  a  very  conservative 
estimate;  that  is,  of  the  total  number  killed  three-fifths  are  secured 
and  two-flfths  lost. 


I  have  heard  men  say  that  they  killed  and  recovered  90  per  cent  of 
all  the  seals  they  fired  at,  but  on  examination  of 
the  accounts  of  the  schooners  on  which  they  had  ^gg 
been  employed  previous  voyages,  I  discovered 
that  more  than  tea  rounds  of  ammunition  had  been  used  for  every 


Thoo.    T.   WilUama,  p. 


skin  that  the  vessel  brought  home. 


A  green  hunter  would  get  one  out  of  every  five  or  six  that  he  shot  or 
killed,  and  an  experienced  huntei-  might  kill  three  ^^^„  woodruff,  p.  506. 
or  four  and  get  one. 


PERCENTAGE  LOST  OF  SEALS  STRUCK. 

The  skill  of  the  hunter  has  a  great  deal  to  do  with  the  number  of 
seals  secured  of  those  killed  or  wounded,  but  the 
most  expert  does  not  get  more  than  half  he  hits,      C.  A.  Abbey,  p.  187. 
and  the  average  for  hunters  in  general  would  be 
about  three  in  ten. 


We  secured  one  out  of  about  every  five  that  we 
shot  at  or  killed. 


Chas.  Adair,  p.  400. 


An  experienced  hunter  would  get  one  out  of  every  three  that  he  shot 
or  killed,  and  a  green  hunter  would  get  about  one      ^^^^  Adair  «.  40l 
out  of  every  seven  or  eight  that  he  shot  or  killed.  ' 

It  has  been  my  custom  in  the  last  few  years  to  examine  the  logs  of 
sealing  vessels  and  to  converse  with  otlicers  and 
liunters  of  such  vessels  in  order  to  obtain  what  Geo.  B.  Adams,  p.  158. 
information  I  could  as  to  the  methods  employed 
by  hunters,  and  the  loss  of  seals  occasioned  in  such  pursuit.  From 
the  logs  I  learned  that  in  many  instances  one  hundred  rounds  of  ammu- 
nition had  been  llred  to  each  skin  secured,  and  often  more;  and  on  an 
average  J  found  that  not  over  five  seals  to  the  hundred  shots  had  been 


'    i 


I 


■ 


390 


RESULTS. 


obtained.  The  logs  friclier  showed  tliat  a  largo  iininber  liad  beeu 
wounded  and  lost. 

I  also  ascertained  from  the  logs,  and  from  conversation  with  masters 
of  sailing  schooners,  that  not  one  seal  out  of  ten  killed  or  wounded  had 
been  caught.  These  inquiries  I  i)ursued  at  San  Francisco  until  quite 
recently. 

The  chief  killing  by  poachers  was  done  between  the  passes  of  Aleu- 
tian Archipelago  and  tlie  I'ribilof  Islands. 

When  spear  was  used  I  lost  none,  and  I  lose  no  seal  when  I  use 

the  shotgun,  for  I  don't  shoot  theni  unless  they 
Akatoo,  p.  -37.  ^^,^  gj^j^j.  ^Q  ^,,g  ^^.^^^ 

Have  always  used  a  shotgun  and  rifle  in  taking  seal  since  a  young 
man.    I  rarely  lose  any  seal  I  shoot,  as  I  never 

Adam  Ayonkee,  p.  255.  shoot  at  theia  unless  they  are  very  close  to  the 
boat. 

Q.  What  percentage  of  seals  are  taken  compared  to  those  you  destroy 
in  doing  so;  in  other  words,  how  many  do  you 

Geo.  Ban,  jj.  482.  actually  get  out  of  tliose  you  shoot? — A.  If  we 

get  three  seals  out  of  every  live  we  consider  it 
doing  very  good  work,  and  so  1  believe  do  all  hunters,  even  the  best 
of  the  hunters. 

Q.  Is  it  not  a  fact  that  when  you  first  started  in  the  business  and 
was  inexperienced  in  hunting  tliat  >(tu,  like  all  other  beginners,  de- 
stroyed a  much  larger  ijroportion  than  yon  do  now? — A.  Undoubtedly 
we  did  destroy  a  much  larger  proportion  than  we  do  now. 

Maurice  Bates  n  277        ^'^^'®  always  uscd  a  shotgun  for  taking  seal,  and 
*    lose  about  40  per  cent  of  what  I  shoot. 

Wilton  C.  Bennett,  p.  No  seal  were  lost  when  struck  with  spear. 
356.  About  40  per  cent  of  seal  shot  with  shotgun  are 

lost,  and  more  when  the  riile  is  used. 

Hdiii'd  Benson,  p.  277.  I  use  the  shotguu  for  taking  seal.  I  lose  about 
25  per  cent  of  the  seals  shot. 

The  spear  and  shotgun  have  been  used  by  me.  But  few  seal  are  lost 
that  are  struck  witli  spejir.    About  06  per  cent 

Martin  Benson,  p.  405.  are  lost  when  shot  with  shotgun,  and  a  larger  i)ro- 
portion  are  lost  when  rifle  is  used. 

On  the  Pioneer  we  had  a  couple  of  good  hunters  Avho  would  get  al 

most  all  they  shot  at,  while  some  of  our  liunters 

Neils  Bonde,  p.  316.       would  lose  a  good  many  that  they  would  kill  and 

wound.     A  g!  een  hunter  will  not  get  more  than 

one  out  of  five,  and  I  have  known  one  hunter  on  our  vessel  wlu)  shot 

eighty  shots  and  got  only  four  seals.     Indian  hunters  that  use  spears 

seldom  lose  any  tliat  are  struck,  and  there  is  uo  wounded  to  go  away 

and  die. 


Henry  Brown,  p.  318.        In  1890  our  hunter  in  the  stern  boat  secured  60 
Beals,  and  lost  over  200  seals  that  he  wounded. 


PERCENTAGE  LOST  OP  SEALS  STRUCK. 


391 


Lad  beeu 

th  masters 
tuided  had 
autil  quite 

is  of  Aleu- 


hon  I  use 

iiless  tboy 


;e  a  yonnj? 
.8  I  never 
ose  to  the 


oil  destroy 
ly  do  you 
-A,  If  we 
onsider  it 
I  the  best 

iness  and 
imer.s,  de- 
doubtedly 


?  seal,  and 


th    spear, 
otguu  are 


ose  about 

al  are  lost 

pi'r  cent 

irger  pro- 


Id  get  al 
liuiitcrs 
I  kill  and 
iore  than 
who  shot 
e  spears 
go  away 


jcured  60 


This  year  the  seals  are  wihier  than  tlio  year  before;  I  think  it  was  be- 
cause they  were  hunted  s(»  mucii.     We  did  not 

capture  as  many  in  projMution  to  the  nunibcH-  sliot  sig''"**"  ^*'"""*  ^^'^-  ^^»^'- 
SIS  we  (  d  the  year  previous,  and  did  not  save 
more  than  one  out  of  six  that  we  shot. 

We  got  on  an  average  tliree  or  five  out  of  every  twelve  killed  and 
wounded.    It  depends  a.  great  deal  upon   tiie 
weather.    Tliere  were  lots  of  seals  in  tlie  water  ^^i^oh.  Brown  (2^o.  2),  p. 
at  that  time. 

I  have  boarded  a  large  number  of  vessels  fitted  out  as  sealers  and 
engaged  in  sealing,  and  have  conversed  with  their 
masters  and  crews  on  the  subject  of  i)elagic  seal-  407  CaiUwdi,  p. 

ing.    From  information  gathered  from  these  and 
other  sources,  and  by  comparison  of  testimony  given  by  the  seal- 
hunters,  wouhl  say  that  at  least  GO  per  cent  of  seals  killed  or  wounded 
escape  and  are  never  recovered. 

The  average  hunter  would  get  one  out  of  every  three  that  he  shot;  a 
poor  hunter  not  nearly  somany.    There  are  twenty- 
one  buckshot  to  a  shell.         *         *         *         When       Clias.  Chalall,!).  \n. 
they  are  in  school  sleeping  we  get  a  good  many. 
We  did  not  get  as  many  we  shot  at  in  the  Bering  Sea  as  we  did  on 
the  coast.     If  we  got  one  out  of  every  three  that  we  wounded  in  the 
Bering  Sea  we  were  doing  pretty  well. 

I  used  a  shotgun  almost  exclusively  last  sea-  Juiuis  Chriatiunsen,  p. 
son,  and  lost  about  one-third  of  all  fur-seals  shot.  219. 

I  think  about  .'iO  per  cent  of  the  seals  shot 
with  shotgun  are  lost,  and  greater  proportion  are      Peter  Church,  p.  257. 
lost  when  shot  with  a  rifle. 

In  hunting  with  guns  I  usually  get  about  two  out  of  five  that  I  shoot; 
sometimes  I  would  wound  one  and  it  would  get  j^^  ciapianhoo,  p.  3«2. 
away  and  it  probably  would  die. 


I  always  use  the  shotgun  for  taking  seal, 
think  about  25  per  cent  are  lost. 


I       Wm.  Clark,  p.  293. 


Q.  Is  it  not  a  fact  that  you  destroy  a  large  percentage  of  seals  that 
you  do  not  catch'? — A.  Yes,  sir. 

Q.  What  is  that  percentage? — A.  We  catch  Uaniel  Clausam,  p,  ill. 
about  seven  seals  out  of  ten. 

Q.  What  percentage  of  seals  are  taken  compared  to  those  you  destroy 
in  doing  so;  in  otlu^r  words,  how  many  do  you  actually  get  out  of  those 
you  shoot? — A.  We  get  about  75  pei"  cent  of  what  we  shoot. 

Q.  Is  it  not  a  fact  that  when  yon  first  started  in  the  business  and  was 
inexperienced  in  hunting,  that  you,  like  all  other  beginners,  destroyed 
a  much  larger  proportion  than  you  now  do? — A.  It  is;  yes,  sir. 

Over  50  per  cent  are  lost  when  shot  with  shotgun,      'fno.  c.  Clement,  p.  258. 

My  observation  of  the  seal-hunting  by  white  hunters  in  1888  is  that 
they  do  not  secure  more  than  two  or  three  out  of 
every  one  hundred  shot.    The  number  of  shots      f^ouia  Culler,  p.  321. 
tired  by  a  hunter  in  an  ordinary  day's  sealing  is 


i 


892 


BE8ULTS. 


soinetliiug  enormous,  and  the  waste  of  seal  life  iu  the  water  is  dreadful 
to  contemplate.    *    #    * 

The  proportion  of  loss  of  seals  shot  by  white  hunters  in  the  Otto  was 
quite  as  great  in  181)1  as  by  the  hunters  in  the  year  before  stated.  I 
have  never  seen  any  black  pups  in  the  ^^()rth  Paclliu  Ocean. 

The  Indian  hunters  secure  at  least  eight  out  of  every  ten  of  the  seals 
that  they  spear.    They  do  not  make  as  much  noise, 

Lottit  Culler,  p.  322.  nor  frighten  the  seals  as  badly  as  hunters  who 
use  guns. 

When  it  was  rough  weather,  we  got  one  out  of  six  that  we  killed  or 
wounded,  and  iu  smooth  weather  we  could  get  on 

John  Dalton,  p.  418.  an  average  one  out  of  three  and  sometimes  three 
out  of  five. 


Jottph  Dmnis,  p.  418. 


We  hunted  mostly  with  shotguns,  and  captured 
about  one  half  that  we  killed  and  wounded. 


John  Dohm,  p.  259. 


m 

W"' 

m 

And  that  twice  as  many  seals  are  lost  as  are 
captured. 


On  an  aA'erage  all  the  hunters  will  get  one  out  of  every  three  or  four 


Bichard  Dolan,  j).  419. 


Geo.  Fairohtld,  p.  423. 


seals  that  they  killed  or  wounded.    There  were 
plenty  of  seals  in  the  water  at  that  time. 

We  got  one  out  of  every  Ave  or  six  that  we 
killed  or  wounded.  We  wounded  a  great  many 
that  we  did  not  get. 


When  I  was  a  young  man  the  Indians  used  the  spear  for  taking  seal; 

now  they  have  learned  from  the  white  man  to  use 
Frank,p.29i.  the  shotgun.    About  three  out  of  ten  are  lost 

that  are  shot. 


Luke  Frankf  p.  294. 


Have  always  u;>ed  the  shotgun  for  taking  seal. 
I  lose  about  two  out  of  ten  that  1  shoot. 


m. 


li 


The  hunters  used  rifles  and  shotguns.    They  got  about  one  out  of 

every  six  they  shot  at  or  killed,  and  sometimes 

Wm.  Frazer,  p.  427.        they  got  none.    The  greater  majority  of  them  were 

females.     We  used  rides  ;   we  had  experienced 

hunters  on  board  and  we  got  one  out  of  every  three  killed  or  wounded. 

Q.  What  percentage  of  seals  are  taken  compared  to  those  you  de- 
stroy in  doing  so?    In  other  words,  how  many  do 
^^|'d«;ord  W.  Funoke,  p.  y^^  actually  get  of  those  you  shoot?— A.  About 

30  per  cent. 
Q.  Is  it  not  a  fact  that  when  you  flrst  started  in  the  business  and 
was  inexperienced  in  hunting  that  you,  like  all  other  beginners,  de- 
stroyed a  much  larger  proportion  than  you  now  do? — A.  Yes,  a  little 
more  in  proportion. 


Chat.  Oihson,p.281. 


Have  always  used  the  shotgun  for  taking  seal. 
I  lose  about  33J^  per  cent  of  what  I  shoot. 


3r  is  dreadful 

the  Otto  was 
re  stated.  I 
n. 

a  of  the  seals 
i  much  noise, 
luaters  who 


we  killed  or 
could  get  on 
3 times  three 


nd  captured 
iiuded. 

I  lost  as  are 


hree  or  four 
There  were 
[ue. 

six  that  we 
great  many 


aking  seal; 
man  to  use 
&n  are  lost 


aking  seal. 

one  out  of 
sometimes 
'  them  were 
xperienced 
r  wounded. 

se  you  de- 

w  many  do 

A,  About 

siness  and 
inners,  de- 
es, a  little 


ikiug  seal, 
ot. 


PEHCENTAGE    LOST   OF    SEALS    STRTtcK. 


303 


Indians  lose  a  less  number  of  the  seals  shot  at  and  wounded  or  killed 
than  white  hunters.    When  they  use  spears  they 
get  nearly  all  they  wound.    When  they  use  shot-      E.  M.  Or eenhaf,  p.  ^2i. 
guns  they  do  not  get  more  than  (me  out  of  eight 

killed  or  W(mnde<l.  In  conversation  with  boat-steerers  and  boat-pullers 
I  have  frequently  heard  them  state  that  hunters  would  somctiuuvs  fire 
from  75  to  100  shots  without  ])ringing  in  a  single  seal.  The  hunters 
would  claim  they  secured  nearly  all  they  fired  at  or  killed,  but  it  is 
known  that  this  is  uot  tnu».  It  is  impossible  to  say  what  proporti(mof 
the  seals  fired  at  ar*-  killed  or  wounded,  but  taking  the  run  of  hunters, 
good  and  poor,  I  vslumld  say  that  the  best  get  about  50  per  cent  of  those 
shot  at,  while  the  poorest  do  not  get  more  than  one  out  of  tifteeu  fired 
at. 

About  75  per  cent  are  losit  when  shotgun  is  used.    Have   never  seen 
but  three  seal  k"llod  by  rille  secured.    If  yim  shoot 
a  seal  in  the  throat  it  is  hard  to  secure  him,  al-      Jas.  Griffin, p.  i33. 
though  eacli  boat  carries  alonggatt  to  hook  tliem 
out  of  the  water. 

The  native  hunters  used  spears  e?cclusively  in  hunting  the  seals,  and 
secured  fully  two-thirds  of  all  struck.    I  am  of  the 
opinion  that  with  firearms  not  more  than  one  third      ^-  *^*  '^«''^>  i>-23l. 
of  the  animals  shot  are  actually  seemed. 


Have  always  used  a  shotguu  for  taking  seal,  and 
lose  about  25  per  cent  of  the  seals  I  shoot. 

I  use  the  shotgun  exclusively  for  taking  seal. 
About  65  per  cent  of  the  seal  hit  are  lost. 


Henry  Haldane,  p  281. 


Martin  Ila   non,  p.  445. 


Q.  According  to  your  experience,  what  percentage  of  animals  that 
are  shot  are  actually  taken  by  the  boats? — A. 
That  depends  a  good  deal  on  the  man  that  shoots     H.  Harmaen,  p.U2. 
them.    Some  fellows  will  miss  four  out  of  five  and 
another  may  miss  three  out  of  Ave  and  cripi)le  them.    I  think  on  a 
general  average  we  will  get  about  three  out  of  live. 

Q.  What  percentage  of  seals  are  taken  compared  with  those  you  de- 
stroy in  doing  so;  in  other  words,  how  many  do 
you  actually  get  out  of  those  you  shoot? — A.  We      Wm.  Henson,  p.  484. 
get  about  two  thirds  of  those  we  shoot. 

Q.  Is  it  not  a  fact  that  when  you  first  started  in  the  business  and 
was  inexperienced  in  hunting,  that  you,  like  all  other  beginners,  de- 
stroyed a  much  larger  portion  than  you  now  do? — A.  Yes,  sir. 

Many  seals  are  wounded  and  lost,  depending  largely  on  the  skill  of 
the  hunter.    I  think  I  get  pretty  nearly  all  that 
I  kill,  but  other  hunters  have  been  with  me  that      ^m.  Hermann,  p.  446. 
I  know  lost  a  greater  portion  of  those  they  shot 
at.    Probably  a  fair  average  would  be,  taking  all  the  hunters  together, 
one  seal  secured  to  two  lost. 

Indians  using  spears  recover  more  than  90  per  cent  of  all  fur-seals 
struck,  while  the  white  hunter  secures  on  an 
average  about  60  or  65  per  cent  of  all  fur-seals   Norman  Hodgson, p.  366. 
shot  in  the  season.    With  whites,  their  gieatest 


394 


RESlT[/rs. 


loMses  (H'vuv  (liiriiifj  the  earlier  part  of  the  sonson.  iNForo  fur-sciils  are 
lost  in  i)roi»ortioii  which  are  killed  by  iiieaus  of  n  shot<;iui  than  with  a 
rifle. 


Q.  What  p'.  "centafjo  of  seals  are  taken  compared  to  those  you 
destroy  in  doing  so;  in  other  words,  how  nuiny 

Andrew  J.  Uoffmnn,  p.  do  you  aetluUly  f^'et  out  of  those  you  shoot? — A. 
^'^^-  We  fjet  about  To  per  cent  of  them. 

Q.  Is  it  not  a  fact  that  when  you  lirst  started  in  the  business  and 
was  inexpei'ieneed  in  huntiii};,  tliat  you,  like  all  other  beginners, 
destroyed  a  much  larger  pioportic  i  than  you  now  do? — A.  Yes,  sir; 
it  ia. 


E.  Hofatad,  p.  2C0. 


I  tliink  that  60  per  cent  of  the  seals  shot  with 
shotguns  are  lost.  When  rilh^s  are  used,  a  still 
laiger  per  cent  is  lost. 


The  shotgun  was  excdusively  used  by  our  hunters.  I  can  form  no 
idea  as  to  the  amount  of  seals  lost.  Some  hun- 
ters h)st  more  and  some  h'ss.  It  ranges  all  the 
way  from  10  to  75  per  cent,  according  to  stories 


0.  Holm,  p.  368. 

told  by  iuiuters. 
Alfred  Irving,  p.  386. 


We  used  shotguns,   and   secured  about   two 
seals  out  of  live  that  sve  shot. 


Q.  According  to  your  e\'i)erience,  what  percentage  of  animals  that 
Gn.tave  Imacson, p.       ^^^  «l»<»t  at  are  actually  taken'  by  the  boats?— A. 


439. 


I  think  about  one-third  is  lost. 


The  Indian  hunters  with  spears  would  not  wound  or  lose  but  very 
few  seals  that  they  stru(;k,  but  the  ordinary  white 

Jaa.  Jamicaon,  p.  331.  hunter  will,  on  an  average  lose  over  half  that  he 
kills  and  wounds. 

Q.  According  to  your  experience,  what  percentage  of  animals  that 
are  shot  at  are  taken  bv  the  boats? — A.  About 


Frank  Johnson,  p.  411. 


a  third  to  a  quarter,  we  lose. 


J.  Johnson,  p.  331.  About  10  per  cent  shot  with  shotgun  are  lost. 

When  the  rifle  is  used,  a  larger  per  cent  is  lost. 

Have  always  used  shotgun  and  rifle  for  taking  seal.    I  never  lose 

. ,     .   r  1  f       oco    any  seal  when  I  shoot  them,  because  I  always 
Johnnie  Johntin,  p.  282.     ,■',,,  i     „  j.  ' 

shoot  them  close  to. 


i 


br 


|ti,v;: 


The  spear  and  arrow  was  used  to  take  seal  when  I  was  a  boy,  but 
now  I  iise  the  shotgun  and  rifle.    At  least  50  x>er 

P.  Eahiktday,  p.  2GL  cent  are  lost  when  shot  with  shotgun.  When 
rifle  is  used  a  larger  portion  of  seal  are  lost. 

rhilip  Eaahevaroff,  p.      About  three  seals  are  secured  out  of  every  ten 
262.  shots. 


King  Ka8Tcwa,p.29o. 


I  always  use  the  shotgun  for  killing  seal.    I  lose 
about  four  out  of  ten  that  I  shoot. 


PEKCKNTAGK    LOST    OF    SliAI.S    STUUCK. 


305 


fur  Hoals  are 
I  than  witli  a 


I  always  use  the  shotpmi  for  fakiiiy,'  .seal.    Soiiio       'fin*  Kaavoh,  j>.  2'J6. 
times  r  lose  two  and  three  <tut  of  ten  that  1  slioot. 


0  thorn  you 
s,  how  many 

1  slioot? — A. 

JusinesR  and 
'.'  beginners, 
•A.  Yes,  sir; 


la  shot  with 
tised,  a  still 


can  form  no 

Soni(^  hun- 

i^es  all  the 

g'  to  stories 


about  two 


niinals  that 
boats?— A. 


»se  but  very 
linary  wliite 
lalf  that  he 


uimals  that 
—A.  About 


in  are  lost, 
nt  is  lost. 

never  lose 
B  I  always 


a  boy,  but 
east  60  per 
n.  When 
e  lost. 

'  every  ten 


eal.    I  lose 


.cared  „  1^^"  ^-  ^'"i'-^". 


Fully  one  half  tin;  soal  shot  with  shotguns  are  lost,  and  anuichlarger 
proportion  when  the  rillo  is  used.    JSouo  were      .,.,.,     ,    . 
lost  when  struek  w ith  a  spear.  ^'^'^'^  Aw/.««d«c-fc,p.262. 

On  an  averajje  we  fi'ot  one  or  two  out  of  every     J^ft'-  Kennedy,  p.  449. 
six  or  seven  tliat  we  wounded  or  killed. 

Tilie  white  men  lose  a  great  many  by  shooting.    The  Indiana  lose 
fewer  in  their  nu'thod  by  spearing.     He  tiiinks 
white  men  loose  three  out  of  live,  on  an  average,      ^^ci^^atia,  p.  306. 

Constant  shooting  has  frightened  thoni  and  iinide  them  wild,  so  that 
they  have  to  be  shot  at  great  distances  unl<'ss 
found  asleep.    JNIuch  depends  for  succ<'ssl'uMiunt-      Jas.  Kiernan,  i5Q. 
ing  upon  the  weatlier,  as  it  is  difticnlt  to  get  ac- 
curate aim  wlien  both  tlie  hunter's  l)()at  and  the  seal  are  in  motion. 
A  poor  hunter  dues  not  secure  more  than  one  out  of  every  live  shot  or 
aimed  at.    Good  hunters  do  better. 

The  first  seal  sighted  was  August  4,  longitude  13CP[>2'  west,  latitude 
52^40' north. 

During  tiie  days  following  August  4  the  eanoes  were  lowered,  but 
their  search  for  seals  was  fruitless.  On  August 
14,  before  entering  Bering  Sea,  a  seal  wa 
by  the  Indians  otf  iMarinont  island,  whi.li  was 
bearing  NW.  :|-  VV.  35  miles.  Wo.  entered  tlic  sea  at  (•  :'M)  p.  ra.  on  the  22d 
day  of  July  [AugtistJ  and  at !)  o'clock  the  following  nioining  we  got  our 
lirst  seal  in  the  Jiering.  It  was  shot  by  one  ttf  the  wiiite  men  in  a  boat. 
We  were  at  this  time  al)Out  25  miles  west  by  north  of  Ncu'thwest  Cape 
on  Unimak  Pass.  On  the  sanu'  day  4  other  sials  were  shot,  and.'!  not 
recovered.  Two  sank  and  the  other  escaped  badly  wounded.  The  fol- 
lowing day  the  captain  shot  2.  h)siiig  1 ,  and  the  other  boat  brought  1  seal 
on  board,  i  hi  the  25th  of  August  we  were  125  miles  southeast  of  St. 
George  island.  The  Indian  hunters  were  out  all  da.v  and  brought  in 
3  seals,  the  white  hunters  getting  none.  Tlie  captain  infornie<l  me  that 
day  that  the  previous  year  he  had  taken  in  this  locality  148  seals  in 
one  day,  and  that  one  of  his  hunters  got  .'>8  and  lost  40,  which  he  shot. 
The  next  day  the  two  boats  and  canoes  were  out,  and  the  captain 
brought  back  1,  but  had  shot  and  lost  G  others,  1  of  which  sank. 
The  other  boat  reported  thai  tliey  shot  7,  but  all  sank  before  they 
could  get  them,  the  water  being  so  colored  with  blood  that  it  was  im- 
possible to  see  the  bodies  sulliciently  to  recover  them  with  the  gatf. 
The  two  Indians  brought  back  10  seals,  all  si)eared.  Out  of  fjie  num- 
ber taken  on  board  4  were  full  ol  iiiilk.  On  the  27th  the  Indians 
brought  in  2  seals  and  the  captain  1,  which  wcic  all  they  had  seen.  On 
the  29tli  17  seals  were  taken;  the  captain  got  3,  having  lost  4,  killed 
or  wounded.  The  other  boat  brouglit  in  3,  having  lost  2,  and  the  cook 
shot  one  from  the  schooner's  deck.  Out  of  these,  7  Avere  females,  which 
covered  the  decks  with  milk  while  they  were  being  skinned.    *     #    • 

I  am  convinced  that  at  the  very  least  white  hunters  lose  50  per  cent 
of  the  seals  they  hit,  and  probably  the  majority  of  those  wounded  will 
ultimately  die. 


p 


396 


RESULTS. 


Rohot  Kooko,  p.  296. 


When  ii  seal  is  struck  with  a  .spear  we  never 
lose  him.  About  50  i)er  cent  are  lost  when  shot 
with  a  shotgun. 


About  60  per  cent  of  the  seal  are  lost  when  shot  with  a  shotgun. 

J(u.  Eovoincei,  p.  264.  )^'''^'"  ^^^^  '-^^^  ^^^(1  a  uiuch  larger  proportion  is 
lost. 

About  50  per  cent  of  the  seals  are  lost  when  sliot  with  shotguns;  a 
Geo  Lacheek  p  264      "I'K'li  larger  per  cent  are  lost  when  shot  with  a 
■      ride. 

Of  all  the  fur-seals  struck  in  the  entire  season  by  both  implements 
more  than  two-thirds  were  actually  secured,  the 

Jaa.  E.  Lennan,  p.  369.  greater  proportion  of  losses  resulting  from  the  use 
of  the  shotgun. 

On  an  average  a  hunter  gets  one  seal  out  of  """ur.    Some  hunters  do 

not  get  that  many,  because  the  seals  sink  out  of 

Caleb  lAndahl,  p.  456.    sight  after  they  are  V  illed  before  we  can  get  them. 

I  have  known  of  poor  hunters  losing  nine  out  of 

ten. 

The  average  hunter  will  fire  ten  times  to  get  one  seal.    I  think  on 

Will  H  Lonq  n  45fe     ''^"  ^^^^^^'-'^S^^'  ^'^  gtit'S  about  one  seal  out  of  every 
y>i-  '^  •    ^j,j.gg  killed. 

Q.  What  percentage  of  seals  are  taken  compared  to  those  you  de- 
stroy in  doing  so;  in  other  words,  how  many  do 
Chaa.  Lutjens,  p.  i58.     you  actually  get  out  of  those  you  shoot? — A.  I 
should  say  we  get  about  80  per  cent  of  those  we 
shoot. 

Q.  Is  it  not  a  fact  that  when  you  first  started  in  tlie  business  and 
was  inexperienced  in  hunting,  timt  you,  like  all  other  beginners,  de- 
stroyed a  much  larger  proportion  than  you  now  do? — A.  There  is  no 
doubt  about  that. 

The  hunters  would  get  on  an  average  two  out  of  every  six  that  he 
wounded  or  killed.    Seals  were  quite  plentiful  at 

Ihoa.  Lyons, p.  460.  that  time,  and  there  were  lots  of  them  destroyed 
that  we  did  not  get. 


Geo.  McAljune,  p.  2G6. 


The  shotgun  was  used  ex  clusively.    Over  50  per 
cent  of  the  seal  shot  were  lost. 


Ii 


J.  D.  McDonald, p.  266.       I  think  we  lose  about  (id  per  cent  of  the  seals 
shot  with  shotguns. 

Takiiig  the  general  average,  we  would  not  get  more  than  two  seal 

out  of  every  ten  that  the  hunters  shot  at.     Out  of 

Wm.  Molmac,p.  i6l.      CN  ery  sixty-five  seal  that  was  brought  aboard  the 

schooner  I  got  one,  so  1  tried  to  si)ear  as  many  as 

I  couM  aftftr  they  wen^  shot.    We  caught  more  seals  in  tlie  Bering  Sea 

than  we  did  going  along  the  coast,  as  we  found  nunvof  tluMu.     *    *     * 

All  the  seals  that  we  shot  at  in  rough  weather  were  lost.     In  fine 

weather  they  sle jp  on  top  of  the  water  and  we  do  not  lose  so  many  of 

them. 


>ear  we  never 
ost  when  shot 


h  a  shotgun. 
pioi)ortiou  is 


1  shotguns;  a 
u  shot  with  a 


h  implements 
'  secured,  tlie 
;■  from  the  use 


ie  hunters  do 
Is  sink  out  of 
can  get  tliem. 
ig  nine  out  of 

.     I  think  on 
out  of  every 


those  yon  de- 

[low  many  do 

hoot?— A.  I 

t  of  those  we 

nisiness  and 
ojiinners,  de- 
There  is  no 


Y  six  that  ho 

plentiful  at 

ju  destroyed 


Over  50  per 
of  the  seals 


lan  two  seal 
at.  Out  of 
t  aboard  the 
I'  iis  many  as 
Bering  Soa 
Bn.  *  *  * 
»st.  In  fine 
30  many  of 


PERCENTAGE  LOST  OF  SEALS  STRUCK.         397 

No  seal  are  lost  that  are  struck  with  spcjara.    ja8.McKeen,p  207. 
With  a  shotgun  about  50  per  cent  are  lost. 

We  got  about  one  out  of  every  five  that  we  killed  or  wounded.    There 
was  any  am(miit  of  them  that  we  shot  and  did 
not  get  at  all.    It  seemed  as  if  a  good  many  got    irm.McLaitgMin,pAG2. 
away.    •    *    » 

We  had  some  white  hunters  and  Indian  hunters.  I  do  not  think  that 
we  lost  as  many  that  year  in  proportion  to  those  that  we  killed  as  we 
did  in  the  Triumph.  Wo  got  about  one  out  of  every  three  killed  and 
wounded.    They  were  better  hunters. 

Q.  According  to  your  experience,  what  percentage  of  animals  that 
are  shot  at  aieactunlly  taken  by  the  boats?    Y  m 
can  only  estimate  it? — A.  That  is  a  very  liard  quf-    Alex.  McLean,p.  ist). 
tion  for  uie  to  give  you  a  proper  answer  to.     I  do 
not  think  they  lose  any  more  than  one  out  of  ten. 

Q.  What  percentage  of  those  shot  at  and  are  not  taken  perish  ? — 
A.  Outside  of  that? 

Q.  Yes. — A.  I  can  not  answer  that. 

Q.  According  to  your  experience,  what  percentage  of  animals  that 
are  shot  at  are  actually  taken  by  tlie  boats? — A. 
That  is  according  to  the  amount  of  ammunition    Daniel  McLean,  p.  U3. 
that  we  use.    About  one-third  are  taken. 

We  had  Indian  hirnters  who  used  shotguns.    The  Indian  hunters  are 
more  expert  than  the  white  hunters  and  they  do 
not  lose  so  many  seals  they  kill.     I  think  they    Thos. Madden, p. i63. 
would  get  one  out  of  every  two  or  three  killed 
or  wounded. 

About  50  per  cent  of  the  seals  shot  with  shot-    Edwd.  Maitland,  p.  2Si. 
gun  are  lost. 

I  do  not  think  our  Iiunr-.>rs  got  one-half  of  those  they  killed  or 
wounded.      They  would  sink  before  we  could  get   j^^  Maloii  p.  463. 
our  boat 'up  to  ther:.  '  '    " 

There  were  six  boats  on  <"lie  vessel.    Some  of  the  boats  would  come 
in  without  a  seal,  aiter  being  out  all  day  h»ng 
shooting,  but  they  would  wound  a  great  many.    On    Patrick Maroney,pA6'U 
an  average,  taking  all  the  boats  togctlier,  they  got 
one  out  of  e\ery  five  or  six  that  they  killed  or  shot  at.    We  wounded  a 
grent  many  that  we  could  not  get. 

About  50  per  cent  are  lost  that  are  shot  with    Chas.  Martin,  p.  297. 
the  shotgun. 

I  always  use  the  shotgun  for  taking  seal,  and    Fredk.  Mason,  p.  281. 
lose  about  25  per  cent  of  what  I  shoot. 


r  do  not  think  they  would  get  more  than  one  seal  out  of  every  six 
or  seven  they  shot,  and  sometimes  only  one  out 
often. 


Henry  Mason,  p.  465. 


398 


RESULTS. 


Our  liuuter  wiis  a  j,n)()<l  one.     llis  iiaiiu'  was  Joe  Williams.     I  think 

lie  not  one  out  of  every  three  on  a  avcraj?e.    lie 

Wm.  Mason,  p.  466.        H>;('(1  a  rifle  a  {•Odd  deal  and  was  a  fine  shot;  some 

of  the  hunters  in  the  other  boats  would  dioot  at 

the  seal  and  not  j^et  any  at  all,  and  eonie  in  at  nigl'it  without  any,  or 

may  be  one  or  two.    Theie  was  one  hunter  from  Nova  Scotia  that  did 

uot  kill  any  scarcely. 


E.  Miner,  p.  4G6. 

a  shotgun  are  lost. 


1  thinlc  about  33  per  cent  of  the  seals  shot  with 


Amo8  Mill,}).  285 
gun  are  lost. 


About  20  per  cent  of  the  scids  T  shoot  with  shot- 


ff  ) 


j-1 
'is 

II 


If 


■n 


Q.  AVhat  percentage  of  seals  are  talfen,  compared  to  those  you  de- 
stroy in  doing  st);  in  otlier  words,  how  many  do 
Frank  Moreaii,  2>. 'i(iS.     .VOU   actiudly    get  out    of  those    you    shoot? — A. 

About  T-")  per  cent.     N\'e  lose  about  '-'jj  ]ier  cent. 
Q.  Is  it  not  U;  fact  that  when  you  first  staited  in  the  business,  and 
was  inexperienced  in  hunting,  that  you,  liicci   all  other  beginners,  de- 
stroyed a  nuu'ii  larger  proportion  tlian  you  do  now? — A.  Certainly; 
there  is  no  doubt  about  that. 

From  my  knowledge  of  tlie  aijuatie  linbits  of  the  seal  and  the  difficulty 
of  accurate  shooting  when  tlie  object   is  in   the 

T.  F.  Morgan,  p.  Go.  water,  I  am  of  the.  opinion  that  a  hirge  number  of 
seals  iue  also  killed  by  vessels  engaged  iu  the 
business  of  taking  .steals  in  the  open  seas,  wiiieh  are  not  caught.  I  am 
unal)le  to  form  anyestimate  of  tlie  uuial)er  of  seals,  shot  orspeured  from 
vessels,  which  arc  lost,  but  in  tlic  last  two  or  three  years  of  my  resi- 
dence at  !St.  (jiMngc  Ishnid,  iu  taking  15,000  seals,  I  found,  ai)i)roxi- 
mately,  3  pounds  of  lead,  in  the  form  of  slugs,  bullets,  and  buckshot, 
Avhieh  I  ]Mnsonaily  took  from  the  bodies  of  mah'  seals,  some  of  which 
were  so  badly  wounded  that  they  would  have  <lied;  and  I  have  person- 
ally examined  the  log  of  the  schooner  Aiujcl  Dollif,  in  which  it  was 
stated  that  the  hunters  from  that  vessel  got  about  one  seal  out  of  every 
ten  seals  shot  at;  also  that  on  oiu'  occasion  they  tired  L'ijO  rounds  and 
got  20  seals;  on  aiiotlu'r  occasion  KM)  cartridges  and  got  0  seals;  and 
which  log  also  stated  that  the  captain  i)ersonaUy  shot  and  killed  7  seals 
of  which  he  got  only  one. 


Jno.  Morris,  p.  340. 


They  lost  very  few  of  the  seals   they  speared. 
They  seciP'cd  about  all  of  the  seals  they  speared. 


When  in  Bering  Sea  I  had  an  opportunity  to  observe  the  differeiu'e 

in  the  number  of  senls  lost  by  killing  them  with 

Moses,  p.  310.  shotguns  and  by  taking  thenr  with  spears.    The 

hunters  that  used   shotguns  lost  nuwe  than  one 

half  they  shot,  while  the  hunters  that  used  spears  seldom  ever  lost  one 

that  they  hit. 


Morris  Moss,  i>.  3 12. 


It  is  g(nu'r;illy  «'onceded  that  tho  Indian  hunters 
in  the  use  of  the  spear  sehhau  lose  one  they  kill 
or  wound, 


ims.  I  think 
avcrn{?e.  He 
le  sliot;  some 
onW  ^lloot  at 
tlioiit  any,  or 
;()tia  that  did 


eals  shot  with 


oot  with  shot- 


lioso  yon  de- 
low  many  do 
II  siioot?— A. 
L'o  ])er  cent, 
bnsiiiess,  and 
K'l^inncrs,  de- 
A,  Certainly; 


the  difficulty 

3ct    is  in   the 

•g'e  imnibeioi' 

^aged  iu  the 

uij;]it.     I  an\ 

spoil I'cd  lioni 

s  of  my  lesi- 

imd,  ajiproxi- 

id  buckshot, 

>nie  of  which. 

iiave  persou- 

iiich   it  was 

1  out  of  every 

I  rounds  and 

(J  seals;  and 

killed  7  seals 


icy  speared. 
tiiey  speared, 

'he  dinercTice 
Iff  them  with 
spears.     The 
)ie  than  ou(> 
ever  lost  one 


idian  hunters 
one  they  kill 


PERCENTAGE  LOST  OF  SEALS  STRUCK. 


399 


When  X  was  a  boy  I  used  a  shotuun  for  taking  seal,  bou,!;ht  from  the 
Hudson  Bay  Company  at  Fort  Simpson,  and  have 
always  used  a  shotgun  for  s('aliii<i:.    1  think  about 
two  out  of  ten  seal  sliot  are  lost. 


Sometimes  I  lose  two  and  sometimes  three  seal 
out  of  ten  I  shijot. 

Use  the  shotgun  for  taking  seal,  and  lose  about 
25  per  cent  of  those  I  slioot. 


Smith  Xaleh,  p.  298. 
Dan  Xathlan,p.  286. 
Jos.  Xtixlikailli-,  p.  '287. 


Have  used  a  Hudson   Bav  shotgun  since  I  can  reiiu}nd)er  for  taking 


seal.     I  veiy  larcly  lose  a  seal,  because  1  shoot 
them  close  to  the  boat. 


\tl:hi-ah.  p.  288. 


It  d(>iHMids  a  great  deal  u])on  the  weather  as  to  the  amount  of  seals 
obtained  by  lh<'  hunters.     Afler  a  heavy  blow  you 
seethe  seals  lying  on   to^^  of  the  water  asleep,      John  o'lh-im,  p.  ni. 
and  y<Mi  can    get  very  clo'      to  them,  and  on  an 

average'  you  would  get  'J  oi  3  <(ut  of  »'\rry  5  or  (•  yon  kill  or  wound, 
while  in  rough  weather  you  would  not  get  1  oi'.t  of  o  or  0  killed  or 
wounded. 

Not  being  hunters  of  exjierience,  our  nuMi  lost  about  two-thirds  of 
nil  the  seals  shot.     Good  Jiunters  would  not  lose  to 
e  ;ceed  25  per  cent.  ■^'''""'  '•  "^''''''  ''•  ^'^-^ 

We  used  shotguns,  using  Inu-kshot,  and  I  have  known  twenty  shots 
to  be  tired  at  a  seal  befo c  we  got  lier.     Wlien 
we  shot  at  "  sleepers"  wx  got  a.  good  many  more      joim  0Uen,p.  471. 
than  when  we  shot  at  "bi-earhers"  or  "rolleis." 

and  w(^  secured  on  an  average  about  one  out  of  every  three  killed  a.  d 
wounded.  The  percentage  of  loss  of  those  killed  and  wounded  is  fully 
as  great  as  I  have  stated. 

When  rifle  is  used  less  that  one  seal  for  five  shots  is  secured;  many 
sliots  miss,  but  of  those  seals  hit  about  one-half 
are  secured.  ^^.  i!oi,e,-ix,i,.m. 

An  ordinary  hunter,  on  an   average,  will  not  kill   one  out   of  four 
breaching  seals,  and    -ometimes  he  will  not  get 
one.    The  8leei)ing  s«al  is  the  most  easily  killed.      JdoipitusSaycr8,pA13. 
and  we  go^  about  one    nut  of  three   killed   and 
wounded. 

It  is  very  hard  to  estin)ate  tltf  iiund)er  lost  of  tho.se  sintc,  but  I  should 
judge  an  expert  hunter  would  h»se  certainly  from 
40  to  <>(!  iH'i- cent,  and  a  hi  uter  not   particularly      L.a.  Shijiord.p.lHH. 
expert  would  lose  from  SO  to  >S5  jtcr  cent. 

Tn  some  instances  we  ran  U()ou  schools  of  sea)  and  sh(tt  live  or  six, 
all  of  which  would  be  lost:  in  other  instances  we 
would  secui'c  about  one  lialf  of  those  w(»UTidcd.       '^  "«•  ^'">»"'  ;'•  31ri. 
One-half  of  all  seals  shot  on  the  coa.st  are  loHt, 

About  2r>  per  cent  are  lost    when    sh«it  with  a   shotgun   and  more 
are  lost  wlu'n  shot  with  ritlc.     Shotgun  and  ritic 
are  usi'd  by  me  for  taking  seal.  '^"o*^  !!ihuckii,p.  289, 


400 


RESULTS. 


When  I  used  a  spear  nci<e  were  lost  that  were  struck.  When  shot- 
„     .    „.  „„^     guu  is  used  nearly  50  per  reut  are  lost;  when 

Marhn  Sxngay,  p.  268.     j^^^  ^^  ^^^^  ^  g^^jj  i^j.^^^,  percentage  is  lost. 

Kg  seal  were  lost  when  struck  with  spear  or  arrow.    Fully  50  per 

<J•/^        9R«         *''^"^  ^^  ^^^^  ^^^^  ^^^^  shotgun  are  lost  and  a 
Jack  Sitka,  p.  268.        ^^^^^jj  larger  per  cent  are  lost  when  shot  with  a 

rifle. 

Always  used  a  Hudson  Bay  gun  to  take  seal  witli.  A  Hudson  Bay 
„.  „,  ,  „„^  gun  is  a  single-barreled  shotgun.  Sometimes  I 
ThomuKSkowi,  p.  300.    j^^^,^  ^^^^  ^^^  sometimes  two  out  often  that  I 

shoot. 


We  used  shotguns  on  that  trip  also,  onoe  in  a  while  using  a  rifle  for 
long  range.  I  tliiiik  the  average  hunter  gets 
about  one  or  two  out  of  every  five  or  six  that  he 
kills  or  wounds. 


Jaa.  Sloan,  p.  477. 


m.. 


ft 


If 

'ii 


J. 


Fred.  Smith,  p.  349. 
Wm.  H.  Smith,  pAlS. 
Cyrut  Stephens,  p.  479. 


I  think  about  one-third  of  the  seal  shot  with 
shotgun  are  lost. 

Very  few  are  lost  when  struck  with  a  spear. 
About  GO  i)er  cent  are  lorst  when  shotgun  is  used. 

An  ordinary  liunter  Avill  not  get  more  that  one 
out  of  four  that  he  shoots  at. 


Josli  iaStickiand,p.  350.      About  25  per  cent  of  seals  shot  are  lost. 

Q.  What  percentage  of  seals  are  taken  compared  to  those  you  de- 
stroy in  doing  so;  in  other  words,  how  nianv  do 
^^^riistave   Stmdvail,  p.  youactually  get  outtliose  you  shoot?— A.  1  guess 

we  get  hardly  two-thirds  of  what  wo  shoot. 
Q.  Ts  it  not  a  ftict  that  when  you  Hrst  started  in  the  business,  and 
was  inexperienced  in  hunting,  that  you,  like  all  other  beginners,  destroy 
a  much  larger  proportion  than  you  do  now? — A.  It  is. 

Very  few  seal  were  lost  when  struck  with  spear  or  arrow,  but  when 
seal  are  shot  with  shotgun  over  ")()  per  cent  are 

}f.  Thikahdayuahkee,p.  Jq^^^  js^  much  larger  per  cent  are  lost  when  seal 
are  shot  with  rifles. 

I  have  always  understood  that  33  per  cent  of 
seals  shot  with  shotguns  are  lost. 


W.  Thomas,  p.  485. 


The  hunters  use  shotguns  and  rifles  exchisiv^ely  for  taking  seal.  I 
think  tliat  from  what  I  have  beeen  able  to  learn, 

Jno.  C.  Tolman,p.  222.  about  half  the  seal  shot  are  lost,  the  liunters  be- 
ing unable  to  secure  them  before  they  sink. 


Pder  Trearaheit,  p.  271. 


John  TyBum,  p.  394. 


About  00  per  cent  of  the  seal  shot  with  shot- 
gun are  lost.  A  much  larger  per  cent  is  lost  when 
rifle  is  used. 

I  get  most  all  the  seals  that  I  hit  with  the  spear. 
I  lose  one-half  of  those  I  shoot  with  a  guu. 


lil\: 


Wlien  shot- 
lost;  when 
is  lost. 

Fully  50  per 
lost  and  a 
sLot  witli  a 


Hudson  Bay 
Sometimes  I 
if  ten  that  I 


ng  a  rifle  for 

hunter  gets 

six  that  he 


al  shot  with 


rith  a  spear, 
tgun  is  used. 

lore  that  one 


i  lost. 

lose  you  de- 
o\v  many  do 
—A.  1  guess 
shoot. 

usiiiess,  and 
uers,  destroy 


\v,  but  when 
i(>r  cent  are 
st  when  seal 


per  cent  of 

dug  seal.    I 
ble  to  learn, 
hunters  be- 
y  sink. 

it  with  shot- 
t  is  lost  when 


th  the  spear, 
gun. 


PERCENTAGE  LOST  OP  SEALS  STRUCK. 


401 


When  the  spear  w;is  used  all  seal  spoart'd  wore  secured.     About  50 
per  cent  of  the  seal  are  lost  when  shot  with  shot- 
guns.    Whenever  1  have  used  a  rille  tor  shooting      jas.  Unaiajim,  p.  271. 
seal  a  ranch  larger  prop(n'tion  of  tliose  killed  have 

been  lost  on  account  of  shooting  them  at  a  longer  distance  from  tha 
boat. 

1  think  I  generally  lose  about  75  per  cent  of  the      G'eo.  Uah&r,  p.  291. 
seals  shot  with  shotgun. 

I  have  learned  from  personal  observation  and  from  conversations 
with  parties  that  they  lose  in  killed  and  wounded 

at  least  two  out  o'l  (ncry  three  obtained.     Other     Chaa.  T.  Wagner, p. 2i2. 
scah'is   have  told   nie  that  their  loss  is  much 
greater. 


About  50  per  cent  are  lost  wlieu  shot  with  shot- 
gnu;  when  rille  is  used  a  mucli  larger  per  cent 
is  lost. 


Rudolph  Walton, p. 272. 


I  have  often  conversed  with  the  hunters  relative  to  the  percentage 
of  the  loss  of  seals  to  those  taken,  aiul  some  y,-,/,^,^  na>iscrman,  p. 
tell  me  they  get  1  out  of  5  or  <».  534. 

Heretofore  the  nativ^es  have  always  used  canoes,  but  the  white  men 
hunt  them  from  schooners,  use  (irarms,  and  get 
about  2  out  of  5. 


l\'ccl:ciiiiiiesch,  p.  311. 


i\Iy  hunters  use  shotgun  exclusively.  They  carry  a  rifle  with  them 
in  the  boat,  but  have  not  used  one  this  season  to 

my  knowledge.      I  think,  as  near  as  lean  esti-      I'.  S.   Wtitknhiller,  p. 
mate,  about  33^  per  cent  of  the  seals  shot  are  lost.  ^^'^• 

From  my  knowledge  and  ex[ieiienc('  in  the  business  it  is  my  convic- 
tion that  within  the  last  few  years,  since  the  seal- 
ers have  become  so  numcoiis  in  the  Pacific  and      Michael  White,  p.  490 
Bering  Sea,  that  not  more  than  1  out  of  3  are 
secured.  » 

I  always  use  the  shotgun  for  taking  -seal.  I  ^"^'/  Williams,  p.  800. 
think  1  h>s(i  about  5  out  of  ever\    10  that  1  slioot. 

That  foi'  every  3  sleeping  seals  killed  or  Jhen.  T,  nuuam*,  p. 
wounded  in  the,  water  oidy  1  is  recovered.  *^''' 

For  every  (!  traveling  seals  killed  or  woumled  in  the  water  only  I 
is  recovered. 

Sometimes  f  lose  1  and  sometimes  2  out  of  10      Fred,  Wihou,  p.  301. 
that  I  shoot  with  a.  shotgun. 

When  tlie  sp«'ai'  was  used  very  few  seal  were  lost.  About  50  per 
cent  are  lost  when  sh..t  with  shotgun.  \  larger  ,.;„  y,„„„  j,,,.. 
per  cent  are  lost  when  kuled  with  a  ritlo. 

I  use  the  shotgun  for  taking  mmI,  aiid  lose  about  2  out  of  10  that  I 
shoot. 

2(i  B  8 


402 


RESULTS. 


Soniotiiiios  I  lose  one  and  soniotimos  two  out  of  every  ten  that  I 
Easiluga    yethnow,  p.  shoot.     I  always  slioot  the  soal  close  to  the  boat, 


302. 
Alf  Yohansen,  p.  369. 

Paul  Young,  p.  292. 
to  the  boat. 

Waller  Young,  p.  303. 
Thos.  Zolnoks,  p.  399. 


SO  I  don't  lose  many. 

i'lio  shotgnn  is  used  altogether  for  taking  seal. 
About  3;{^  per  cent  of  the  seal  shot  are  lost. 

Always  use  shotgun  for  taking  seal.    I  lose  but 
very  few  seal,  as  I  always  shoot  them  very  close 


Have  always  used  the  shotgun  for  taking  seal. 
Tliink  1  lose  about  three  out  often  of  those  I  shoot. 

In  hunting  with  spears  I  capture  nearly  all  that 
I  hit. 


WOUNDING. 

Paj;c  191  of  The  Ciiso. 

Those  only  wounded,  whether  fatally  or  otherwise,  dive  and  escape 

capture.     The  less  se\('iel\- wounded  may,  and  in 

V..1  I  ''         '""">     ^''■^*^'-^    doul)th'ss  do,   recover  from    their 

wounds:  but,  in  the  nature  of  things,  many  others 
must  die  of  their  injuries.  Thcie  is  a  wide  range;  of  cliaiuies  between 
an  instantaneously  fatal  or  disal)]ini;'  shot  and  a.  slight  wound  fiom 
which  the  victim  may  readily  recover,  with  obviously  a  large  proportion 
of  them  on  the  fatal  side  of  the  dividing  line. 

A  good  many  of  tlie  seals  tiiat  I  have  caught  in  the  last  three  or 
four  years  have  shot  in  tiu'm  and  sonu;  Inivc  been 
Bowa-iliup,  p.  376.         badly  wounded.    1  have  seen  white  hunters  shoot- 
ing seals  out  iu  the  sea,  and  they  lose  a  greai 
many  more  than  they  get,  aid  we  sometimes  capture  some  of  those 
that  they  have  ba<lly  W(»unded. 


Peter  r>ro>m,  p.  377. 


(bit  liave  caught  a  great  many  seals  that  had 
diot  ill  them. 


[  think  a  great  many  sp;«ls  are  wnuiidfd  ^y  hunters  that  are  not 
taken      The  gittshor  wounds  more  >eals  than  the 

Chan.  CkaihiiL  p.  411.  rill«'.  I  think  Ttie  aim  of  ti«e  hunt^er  is  to  kill  the 
seal  rather  tkan  wound  it. 

We  often  take  sejUs  that  have  been  woun<ied  « ith  a  rifle  or  shot- 
gun, nid  in  their  bodies  there  are  afeuge  uimibti' 

Jas.  Claplanhiw,  p,^2.  (►f  shot. 
Alfnd  Thvlran,  p.  322. 


di* 


<-inr'  mnny  aw  wound"!  icd  escape, on !y  to 
HI     ard. 


When  I  ffot  seals  mmwv  a  gr*»nT  many  Imv»»  shot  m  :tiem,  a  thing  T 
never  saw  befote  aaiui  about  six  or  seven  yeuis 
UauH,  p.  ,S3.        aigo. 


J  ten  that  I 
to  the  boat, 


taking  seal, 
re  lost. 

.    I  h)se  but 
n  very  close 


taking  seal, 
lioso  I  shoot. 

iarly  all  that 


!  and  escape 
may,  and  in 
Iroiii  their 
many  otliors 
ces  between 
wound  from 
;e  iJi'oportiou 


ixst  three  or 
('  hiive  been 

inters  shoot- 
osc  a  grea'r 

)me  of  those 


lis  that  had 


hat  are  not 
als  tli.'in  the 
is  to  kill  the 


ritle  or  shot- 
irye  uumber 

['ape,  only  to 

1,  a  thing  T 
seven  years 


WOUNDING. 


403 


Rome  that  T  shoot  are  wounded  and  get  away,  and  probably  die.     I 
ha\e  eaught  a  good  many  seals  that  had  shot 
in  tliem,  EUahuah,  p.Z^o. 

They  kill  and  wound  a  great  many  that  they  do  not  get.    I  have 
speared  a  great  many  seals   that  had   shot  in 

them.  Selwish  Johnson, 2)- -^SS. 

I  know  that  a  great  many  must  be  lost  by  the  white  hunters,  for  a 
great  many  that  I  eatcli  have  shot  in  them,  and 
some  are  badly  wounded.  Jas.  Lighthotiae,p.^90. 

Daring  the  killing  season  on  the  Commander     Jno.  .Ualonowanslcy,  p. 
Islatids  we  fre(|uently   find  in   the   bodies  both  ^''^^• 
bullets  and  shot. 

I  have  captured  a  great  many  seals  with  the      t^o/m  Tf/sum, p.  394. 
spear  and  found  shot  in  them. 

Whenthey  were  wounded  we  had  to  chase  them,      Patrick    Maroncy,  p. 
and  then  sometimes  would  not  get  them.  "*'^^' 

While  out  seal  hunting  last  year  I  cai)tured  a  few  seals  that  the 
white  hunters  had  wounded  and  lost,  and  found 
a  good  many  shot  in  their  bodies.     I   have  cap-      Charley  White, p.^'OQ. 
tared  a  good  many  seals  lately  that  had  buckshot 
n  them. 


ThoD.    T.    IViliiams,  p. 


At  the  times  when  the  malci  seals  are  on  the  rookeries  the  large 
catches  are  made.  A  traveling  seal  is  alert, 
cautious,  (piiek  of  hearing,  and  easily  disturbed.  , 
A  sleeping  seal  is  at  the  mercy  of  anyone.  The  ' 
large  proportiou  of  traveling  seals  shot  at  and  lost  is  due  to  the 
timidity  of  the  animal;  in  fad,  all  the  banters  admit  that  when  there 
is  much  shooting  going  on  the  seals  are  very  dillicult  to  get.  The  loss 
of  sleei»ing  seals,  which  I  estimate  as  two  lost  for  one  saved,  is  due  to 
the  fact  that  unless  the  bullet  or  shot  kills  the  animal  instantly  it  will 
inunediately  dive,  and  it  is  not  easy  to  kill  a  seal  instantly.  The  head 
of  the  seal  affords  but  a  small  nuirk.  Kven  in  the  case  of  a  sleeper,  the 
motion  of  the  w^ater  keeps  it  moving.  The  boat  from  which  the  hunter 
shoots  is  also  moving,  and  while  there  ai'e  men  who  at  a  distance  of 
50  or  00  yards  can  shoot  a  small  object  under  sach  circumstances,  they 
are  extremely  lare.  fhey  are  lamous  as  experts,  and  they  are  highly 
rewarded  foi  their  sUill.  Certainly  not  one  in  ten  of  all  the  seal  hunt- 
ers can  truthfully  assert,  nor  do  they  attempt  to  do  so  when  in  a 
confidential  humor,  that  they  kill  ."50  jior  cent  of  their  seals  dead. 

I  was  in  Ihe  company  of  a  nnnibei'  of  them  in  Victoria  in  ISS!),  aiul 
heard  tlicm  talking  among  themselves  of  their  prowess.  Some  put 
forward  clain)s  Avhich  the  others  derided.  Any  estimate  in  excess  of 
the  one  I  lia\  e  already  given  called  forth  uncomplimentary  remarks 
and  charges  of  boastliilness.  The  disinclination  of  these  men  to  stat(» 
the  absolute,  facts,  and  they  alone  kn<)W  what  tl  e  'acts  are,  in  relation 
to  the  nund)ei'  of  seals  shot  and  lost,  has  been  intcisilied  lately  by  the 
feeling  that  it  is  nece.>-sary  foi'  them  to  make  a  good  showing  to  back 
ap  the  claim  that  pelagic  sealing  is  mtt  absolutely  destructive  of  the 
seal  herd. 


404 


RESULTS. 


Only  the  liead  of  a  seal  appears  for  tliein  to  aim  at.    They  are  shooting 

at  a  inoviii]!,'  object  from  a  uioviufj  b(»at,  and  it  is 

T.  T.  William$,p.  504.    fatal,  and  pretend  that  95  per  eent  of  their  shots 

areabsurd  to  tliat  all  the  seals  they  lull  are  picked 

np  before  sinking.    It  is  as  absurd  as  tliongli  a  hunter  on  land  should 

boast  of  killing  95  per  cent  of  all  the  birds  he  aimed  at.    There  are  a 

few  good  seal  hunters  whose  loss  does  not  exceed  25  per  cent,  but  they 

are  as  well  known  in  tlie  Xorth  as  champion  baseball  players  in  America, 

and  form  but  a  small  proportion  of  the  200  seal  hunters  who  signed  for 

the  trip  this  year. 

Many  of  the  seals  I  have  si)eared  had  shot  and  bullets  in  them.    This 
fVisiwo  V  397  ^^^  never  s(;en  bclore  until  about  eight  years 

■  ago,  and  now  it  is  a  lTe(j[uent  occurrence. 

A  great  many  that  I  have  caught  in  the  last  three  or  four  years 

ThoB.Zolnok»,v. 308.     ^"*'*^  f^,"*  "*  ^^'*'"''  '^"'^  many  have  beei.  badly 
'^  wounded. 


!ii 


m 


fcM, 


SINKING. 

Page  194  of  The  Case. 

The  white  hunter  in  a  bc»at,  when  a  seal  appears  on  the  surface,  if 
within  50  yards,  fires  at  it.     If  killed  outright, 

C.  A.  AhheUfp.  187.  the  Real  iirunediatcly  sinks,  and  the  boat  is  rowed 
for  the  place  where  it  sank;  but  I  do  not  think 
they  recover  many  seals  thus  killed,  and  every  sealer  stated  that  they 
seldom  expected  to  get  a  seal  when  killed  outright.  It  is  almost  im- 
practicable to  take  a  sea]  in  the  watci'  unless  it  is  wounded  so  that  it 
is  stunned,  when  it  goes  into  a  "flurry,'-  sinular  to  tliat  of  a  whale 
when  wounded.  The  boat  then  being  pulled  alongside,  the  seal  is 
gafi'ed  and  dragged  into  it. 

In  sleeping,  the  seal's  head  is  to  leeward  and  the  steerer  will  endeavor 
to  w(nk  the  boat  so  as  to  ai)proach  from  that  di- 
A.  B.Alexander, p. 355.  relation  and  give  the  hunter  an  opi)ortunity  to 
shoot  the  seal  in  the  back  of  the  neck.     When  so 
shot  they  take  longer  to  sink  than  wlien  shot  in  the  face;  that  is,  if  a 
seal  bobs  up  in  the  water,  its  body  being  in  a  submerged  and  horizontal 
position,  and  if  it  be  instantly  killed  by  the  shot  it  will  at  once  sink. 
It  is  then  that  the  8  or  10  foot  gatf  is  used  to  recover  it.    It  has  heen 
my  observation  that  the  rapidity  with  which  seals  sink  is  influenced  by 
several  conditions.    A  pregnant  female  will  siidc  less  quickly  than  a 
male  of  e(i[ual  size.    If  a  seal  be  shot  at  a  time  when  tlie  air  is  well  ex- 
hausted in  the  lungs  it  will  sink  more  quickly  than  if  killed  when  the 
lungs  are  inllated.    If  a  seal  is  asleep  and  shot  in  the  back  of  the  head 
it  will  float  for  several  minutes,  thus  enabling  the  hunter  to  secure  it. 


Only  such  seals  as  are  instantly  disabled  can  be  secured,  and  even 
many  of  these  must  be  lost,  since  the  .specifl(; 
A.  Allen,  vol.  1,  gi^^yj^y  ^f  ^  dead  seal  is  .greater  than  that  of  the 

water  in  which  it  is  killed. 


Dr.  J. 
p.  409. 


N.  fF.  Anderson  J  p.  223.      If  seals  are  shot  dead  they  must  be  picked  up 
at  once  or  they  will  sink. 


I 


SINKING. 


405 


ire  shooting 
at,  iiiid  it  is 
their  shots 
I  are  picked 
land  should 
There  are  a 
lit,  but  they 
in  America, 
o  siyued  for 


them.  This 
eight  years 
ice. 

r  four  years 
beeii  badly 


The  feinnloa  sink  almost  immediately  when  shot,      Chat.  Avery,  j>.  i.'l8. 
if  heavy  ^vitll  yimng. 

When  a  seal  is  killed  dead,  he  will  sink  very  quick,  which  is  the 
reason  I  never  shoot  tliem  unless tlieyaie  so  near 
the  boat  that  1  can  secure  them.     Seal  are  always      Adam  Ayunkee,2}.2o5. 
shot  in  the  head  when  possible. 

We  tried  to  shoot  the  seals  in  the  head  or  heart,  for  if  we  shot  them 
in  any  other  place  we  would  lose  them,  and  if  we 
killed  them  dead  they  would  sink  and  umny  o):  .^J^"'"^""'^^  ^^''''^"'''>  P- 
them  we  could  not  get. 

Seal  when  shot  dead  sink  very  qui<'k,  and  are     Tf'nton  c.iienncit,i).  35(j. 
hard  to  secure  under  those  conditions. 

When  seals  are  shot  when  they  tirst  ]Mit  their  beads  above  water 
they  sink  at  once  and  are  hard  to  secure.    Always 
try  to  shoot  seal  in  the  head.     If  head  is  not  ox       Martin  livnson, p. i05. 
posed,  we  shoot  them  in  other  paits  of  the  body. 


le  surface,  if 
Bd  outright, 
oat  is  rowed 
lo  not  think 
cd  that  they 
s  almost  im- 
i;d  so  that  it 
of  a  whale 
the  seal  is 


ill  endeavor 
i'om  that  di- 
(ortunity  to 
>Vhen  so 

that  is,  if  a 
d  horizontal 
t  once  sink. 

It  has  been 
illuenced  by 

ckly  than  a 

r  is  well  ex- 
id  when  the 

of  the  head 
to  secure  it. 


•d,  and  even 
the  specific 
I  that  of  the 


B  picked  up 


Fur-sealssinkalmostinstantlyatterbeingstruck      J-  ^.  Bradley, p. 227. 
and  unless  picked  up  immediately  can  not  be  re- 
covered. 

A  great  many  seals  that  are  shot  would  sink  before  we  could  secure 
them.     Sometimes  the  water  above  the  sinking 
seal  would  be  so  discolored  by  the  blood  that  it      Henry  Brown,  p.  318. 
was  impossible  to  see  it  and  secure  it  with  the 
gaft'-hook,  which  all  sealing  boats  carry  for  that  purpose. 

If  we  didn't  get  to  a  seal  soon  after  it  was  shot  it  would  sink,  and 
we  lost  a  great  many;  ])rol)ably  got  about  one  Titos.  Brown  {No.  1), 
out  of  live  of  all  the  seals  shot.  ^^319. 

I  lost  a  great  many  that  were  killed  by  their  Jas.  L.Carthcui, p.  iO'J. 
sinking  before  we  could  get  to  them. 

Wlien  seal  are  shot  dead  they  almost  instantly     S.  Chi niootin,  p.  25T. 
sink  and  are  hard  to  secure. 

Fur-seals  when  shot  dead,  sink  almost  im-  juUua  Christiansen,  p. 
mediately.  219. 


If  seal  are  instantly  killed  they  will  siidc  very  qui(!k,  and  are  harder 
to  secure  under  those  conditions  than  they  would 
be  if  badly  wounded. 


Peter  Church,  p. 257. 


Sometimes  I  would  kill  the  seal  dead  and  it  would  sink  in  the  water 
almost  as  quickly  as  a  rock,  and  unless  we  were 
(juicktoreach  it,  it  would  be  lost.     Sometimes  we      Jaa.Claptanhoo,p.^2. 
tish  them  up  out  of  the  water  with  a  gall'  h{»ok, 
and  would  secure  a  few  that  way. 


406 


RESILTS. 


ir  \vt'  killed  them  loo  dciul  a  .i^n-at  many  would  .sink  Itclorc  we  could 

got  tlioin  and  were   lost.     Soniotiine.s  we  could 

Mferd  nmdeav,p.3'j2.  ^^,^  Home  ol' tliose  that  had  Buuk  with  the  gall" 

Look,  but  could  uot  save  many  that  way. 

About  two  years  ago  I  bej^an  to  hunt  with  guns,  but  always  carried 
a  s|)ear.     Siiu;e  1  have  been  liuntiny  with  guns  1 

LUah„sh,  p.  380.  j,,^^,  ,^  y,,.^..^^  j„,^„y  ^^..^j^  ^j^.^j.  |  ^j,^,^,^.^      j  j^^jj  ^^^j^g 

dead  and  they  sink  like  a  rock. 


From  my  own  experience,  and  what  I  liave  been 
Wm.  Foster,  p.  220.        ^^^]^^  y^^  ^^^^^^,^,  ]m„terH,  about  one-hall"  of  the  seals 

killed  sink.    *    *     * 
A  seal,  if  .shot  dead,  will  siuk  almost  immediately. 

Most  all    the  seals    sunk  or  dove  out  of   sight  when  killed  or 

wounded  and  a  great  many  of  them  we  could  uot 
Wm.  Frazer,  p.  427.        ^^,^  "  "' 


JohnFyfe,p.  429. 


When  we  shot  the  seals  dead   hey  would  sink 
and  we  would  not  get  them. 


When  seals  are  shot  in  the  head  and  instantly  killed  they  will 
sink  at  once  and  are  hard  to  secure  under  those 
Jas.  Gondowen,  p.  259.     conditions. 


Nkoli  Gregoroff  et  al,      Jjarge  seals  sink  rapidly,  while  the  smaller  ones 
p-'-i'^ii-  float  a  few  minutes. 

Fur-seals  sink  almost  invariably  in  less  than  three  minutes  after  being 
killed,  and  gravid  cows  much  quicker. 

They  should  be  approached  from  the  lee  side 

A.  J.  Guild,  p.  232.  quietly,  and  picked  ui)  as  soon  after  being  struck 
as  possible  in  order  to  secure  them. 

Q.  According  to  your  experience,  what  percentage  of  animals  that 
are  shot  at  are  actually  taken  by  the  boats? — A. 

Chas.  U.  Hayman,  p.  31^,^^  .,|i  ^^f  them;  very  few  escape.  Maybe  out 
^^°'  of  the  whole  year's  catch  of  a  couple  of  thousand 

a  dozen  may  sink.    It  is  a  rare  occurrence  that  they  sink. 


W 


I  do  not  think  we  got  over  one-half  that  we  killed  and  wounded. 
Have  seen  six  out  of  seven  killed  sink  aiul  were 
Jas.  JTariward,  p.  328.    ]^^^^  before  we  could  get  to  them.    This  happened 
last  year  in  a  boat  1  was  in. 

All  fur-seals  sink  rapidly  after  being  killed,  and  females  heavy  with 
young  go  down  soonest;  a  great  deal  depends  on 
^yrman    nod,ja<»,,  p.  ^he  way  a  seal  is  sliot,  however. 

If  the  seal  be  shot  with  the  head  down,  as  in 
the  act  of  diving,  its  momentum  sends  it  under  for  a  moment  or  two, 
when  it  will  quickly  rise  to  the  surface  and  float  until  the  air  in  its 
body  escajjes,  which  generally  occupies  anywhere  from  five  to  ten 
minutes.    A  seal  shot  with  its  head  a])  almost  always  sinks  instantly. 


i»i'('  wo  could 
es  \v{;  coiil<l 
ith  the  gaff 


ivays  carried 
wirh  guns  1 
I  kill  some 


1 1  have  been 
['  of  the  seals 


}n  killed  or 
we  could  uot 


jT  would  sink 


sd  they  will 
under  those 


smaller  ones 


s  after  being 


the  lee  side 
jeiiig  struck 


luinials  that 

5  boats? — A. 

Maybe  out 

of  thousand 


d  wounded, 
ik  and  were 
is  happened 


heavy  with 
depends  on 

down,  as  in 
lent  or  two, 
le  air  in  its 
five  to  ten 
kS  instantly. 


SINKINi 


407 


!?ur-seals  shot  when  slt'e])ing  (ifcasion.illy  go  down  af  once,  but  the  rnhi 
is  for  them  to  Hoat  for  tlircc  or  four  minutes,  '1  liey  siiould  be  ap- 
l)roached  from  the  leeward,  and  if  shot  in  the  back  of  the  head  may 
almost  invariably  be  re(!0vered. 

When  seal  are  killed  dead  they  sink  very  quick,  especially  if  killed 
when  they  lirst  put  their  head  above  water,  as 
they  do  not  have  a  chance  to  take  breatli.     Most     -E.  Hofatad,  p.  260. 
all  seal  are  shot  in  the  head  when  it  is  possible 
to  do  so. 

If  a  seal  is  killed  when  its  head  first  comes  above  water,  it  sinks  at 
once.    Under  those  conditions  tiiey  are  hard  to 
secure.     Seal  are  always  shot  in  the  head  wiieu      r.  Kaiiikiday,p.'2Gi, 
possible,  but  never  miss  a  sliot  at  them  if  only  a 
small  part  of  the  body  is  exposed. 

If  a  seal  is  shot  and  killed  instantly  he  will      Philip   Kmhevawf).  p. 
sink  very  quick.  ^''-• 

Firearms  (ritles  and  shotguns)   are  used   almost  exclusively.     All 
seals  sink  quickly,  but  those  shot  tiirougli  the  _^„. 

head  and  killed  remain  on  the  surface  longest.  I'rank  Korih,  p.  '.„.). 

If  seal  are  shot  dead,  they  sink  at  once  and  it  is  hard  to  secure  them. 

Seal  are  shot  in  the  head  when  it  is  ])ossible  to 

j„   „„  Jno.  Kowineel,  p.  264. 


will   always  sink 
the  head  when 


lleo.  Lacheek,  p.  2G5. 


Seal,  when  instantly  killed 
quick.    I  always  shoot  seal  in 
possible. 

To  secure  a  fur  seal  it  is  best  to  shoot  it  through  the  bodj',  as  it  will 
float  longer  than  if  shot  through  the  head.    Male 
fur-seal  sink  almost  instantly  when  shot  dead,      E.  L.  Luution,  p.  221. 
while  a  pregnant  female  will  float  for  several 
minutes. 

The  practice  of  using  shotguns  charged  with  buckshot  is  working 
havoc  in  the  seal  herd.    The  shots   scatter,  and 
many  animals  are  wounded  and  escape  that  after-      fsaac  Lkhes,  p.  453. 
wards  die  of  their  wounds.    This  is  conclusively 

proved  by  the  fact  that  many  skins  known  to  the  trade  as  "stinkers" 
are  brought  in  and  olfei'ed  for  sale;  so  called  because  they  have  been 
taken  by  passing  vessels  from  seals  found  dead  on  the  surface  of  the 
Avater.  It  is  well  known  that  seals  which  are  killed  at  sea  and  sink 
beyond  the  reach  of  the  hunter's  galf  rise  to  the  surface  after  decompo- 
sition sets  in.  Naturally,  those  thus  picked  u])  are  but  a  small  pait  of 
the  number  that  actually  ])erish  in  the  water  in  conse(iuence  of  their 
wounds. 

When  a  seal  is  shot  dead  it  almost  instant  y      Wm.  If.  Long,  p.  i58. 
sinks,  and  it  is  only  secured  by  stunning  it. 

Cow  seal  with  pup  (fill  float  lighter  than  a  male      Geo.  McAipine,  p.  206. 
when  killed. 


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Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


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& 


i 


408 


RESULTS. 


We  always  shoot  seal  in  the  head  wlicii  possible.    If  liend  is  not  ex- 

l)0se(l,  we  shoot  tliein  in  tlie  most  exposed  part 

J.  D.  McDonald,  p.  266.  of  their  body.    When  a  seal  is  killed  instantly  he 


those  conditions. 


will  sink  at  once,  and  is  hard  to  secure  under 


The  hunters  lost  a  good  many  of  the  seals  that  they  shot,  because 

they  could  not  get  up  qui<rk  enotiyii  to  get  tliem 

Wm.  Mohaac,  p.  461.     before  they  would  sink.    We  would  use  a  hook  to 

spear  them,  but  sometimes  we  could  not  often  get 

hold  of  them  even  with  that.    The  bulls  generally  sunk  quicker  than 

female  seals. 


197 


I  have  no  doubt  that  in  obtaining  the  skins  [41(5  in  number]  found  on 
the  J.  H.  hewxH  the  poacliers  must  have  killed  trom 

John  Maloivanaky,  p.  1,500  to  2,000  seals,  as  when  vitally  shot  seals  will 
usually  sink  before  it  is  possible  to  capture  them. 


When  the  seals  were  shot  they  would  sink  to  the  bottom.    You  have 

got  to  hurry  up  and  ])iill  to  them  quickly  after 

Henry  Mason, p.  465.     shooting,  or  they  will  sink.    A  gieat  many  were 

shot  that  we  could  not  get,  as  they  sunk  before 

we  got  to  them. 

A  good  many  would  sink  when  we  shot  theni  and  would  go  down  like 

a  stone  and  were  lost,  and  neailvall  the  wounded 
^^TAojwal  Mathasan,  p.  ^^J^^,^  ^y(^^,]j  gg^  j,^,.,^.      rj^j^^^g^  ^,,,^^  ^^^  ^^j^jj  j^yj^ 

Ave  would  try  to  get  up  to  them  before  they  would 
sink  and  get  them  with  the  gaff  hook,  but  we  could  not  get  many  that 
way.    We  carrried  two  gall  hooks  to  each  boat. 


G.  E.  Miner,  p.  466. 


If  a  seal  is  killed  instantly  when  he  first  puts 
his  head  above  water  he  will  sink  at  once. 


I  (! 


A  female  seal  will  sink  much  quicker  after  she  has  given  birth  to  her 
„,.„.  „  ,  „,.  young  thatt  before.  Wc  are  more  sure  of  getting 
Wtlham  Parker, p.  344.  ^  ^,1^.^^,},,^  ^^,.,1  than  one  that  is  breaching. 

If  shot  in  the  head  a  seal  will  usually  float,  and  is  taken.    If  shot 
through  the  body  it  usually  sinks,  or  escapes  to 
W.  Roberta,  p.  241.       die  later.    When  shotgun  is  used  ab(mt  one  seal 
is  secured  for  five  shots;  those  not  secured  gener- 
ally sink  at  once,  or  are  badly  wounded  and  escape  to  die.    Of  seals 
shot  dead,  about  one-half  sink  at  once  and  one-half  are  taken. 


If  killed  outright,  the  seal  sinks  almost  immediately  and  in  nearly 

every  case  is  lost.    When  so  wounded  that  it  is 

unable  to  dive,  it  goes  into  a  "flurry,"  and  the 

boat  being  pulled  up  rapidly,  it  is  gaflied  and 

The  gafi'  used  by  seal-hunters  is  about  6  feet  in 


L.  O.  Sh^ard,  p.  188. 


dragged  on  board, 
length. 

When  seal  are  shot  as  soon  as  they  put  their  heads  above  water, 

they  sink  immediately  nnd  are  hard  to  secure. 

Jack  Sitka,  p.  268.        Always  shoot  seal  in  the  head  when  possible.    If 

not  possible  to  shoot  them  in  the  head,  then  I 

shoot  them  in  the  most  exposed  part  of  their  bodies. 


SINKING. 


409 


I  is  not  ex- 
posed part 
iiHtantly  he 
cure  under 


ot,  because 
o  get  tlicm 
e  a  hook  to 
)t  often  get 
licker  than 


r]  found  on 
Kille<l  trom 
>t  seals  will 
)ture  them. 

You  have 
lickly  after 
many  were 
;unk  before 

0  down  like 

0  wounded 
would  kill, 
they  would 
many  that 

B  first  puts 
lice. 

jirth  to  her 
of  getting 

II.  If  shot 
escapes  to 
nt  one  seal 
red  gener- 
Of  seals 
n. 

1  in  nearly 

1  that  it  is 

,"  and  the 

afted  .and 

6  feet  in 


Dve  water, 
to  secure, 
ssible.  If 
id,  then  I 


When  a  seal  has  his  nose  out  of  water  and  you  shoot  him,  he  will 
siid;  at  once,  and  if  yon  shoot  a  seal  and  he  turns 
his  nose  out  of  the  watei",  he  will  sink  immediately     ^^-  Smith,  p.  349. 
and  is  hard  to  secure  under  those  conditions. 

Fur-seals  taken  in  the  open  sea  must  be  struck  in  moderately  calm 
weather,  and  picked  up  immediately  aiterwaids 
in  order  to  secure  them  before  sinking.  •^*  ^^-  *"•"''»  P-  ^33. 

A  great  many  seals  are  lost  in  hunting  them  by  sinking  before  the 
boats  can  get  to  them,  and  a  great  many  are      john  A.  Stcain,  p.  3o0. 
badly  wounded  and  escape. 

A  much  larger  per  cent  is  lost  when  the  rifle  is  used,  as  the  seal 
sink  very  quicikly  after  being  shot.       #      »      # 
When     seal    are    shot    dead    tliey    sink    very  ^Charlie  Tlaksatan,  p. 
rapidly.    Seal  are  always  shot  in  tiie  head  when  ^''^* 
it  is  i)os8ible  to  do  so. 

If  a  seal  is  shot  dead  he  will  sink  at  once.    You  have  got  to  get  to 
them  at  once,  or  else  you  w  ill  lose  them.    The 
object  is  to  wound  them  so  that  they  will  flop     ^^"'J*''   ^-  ^f^ompnon, 
around  on  the  water.  ^' 

When  seal  are  asleep  lying  with  their  heads  on  the  water  and  are 
killed,  they  most  always  float,  but  if  shot  as  they 
put  their  lieads  out  of  water  they  sink  almost    J'etcr  Trearsheit,  p.  271. 
immediately.    Always  shoot  a  seal  in  the  head 
when  it  is  possible  to  do  so. 

If  I  kill  a  seal  right  dead,  it  sinks  almost  as  quick  as  a  rock,  and 
if  it  is  slightly  wounded  they  run  away  and  are      j^j,^  rueum  »  394 
lost.  '^' 

If  the  seal  are  instantly  killed  they  sink  at  once  and  are  hard  to 
secure.    Seal  are  always  shot  in  the  head  when      ,^.  /•„„/„;.•„.  „  oti 

Some  seal  when  shot  and  killed  dead  sink  at  Rudolph  Walton,  p.  272. 
once. 

When  seal  are  killed  dead  they  sink,  almost      ClMrlie  Wank,  p.  213. 
instantly.    All  seal  are  shot  in  the  head  when  it 
is  possible  to  do  so. 

Hunters  shoot  all  seal  in  the  head  when  it  is  possible  to  do  so  and 
take  their  chances  of  its  sinking  before  they  can  p  ^  Weittenhilier  p. 
reach  them.  274.  ' 

A  great  many  that  we  shoot  sink. 


John  Woodruff,  p.  606, 


When  a  seal  is  shot  dead  he  sinks  at  once.     Michael  Woo$koot,  ji. 
Seal  are  always  shot  in  the  head  whenever  it  is  ^''^ 
possible  to  do  so. 


'ii 

.  i  i 


410 


RESULTS. 


I 


The  ]»io.sftii(  piiicticeiii  i)elnf;i«'  si'iiliiijn"  is  to  shoot  them  from  a  boat 

witli  a  shotf^nu  and  stu'iue  tlit'iii  witli  a  short- 

Z,  L.  Tanner,  p.  375.    liaiuhul  [!,A^'.     If  killwl  instantly,  they  are  apt  to 

sink,  unless  picked  up  immediately.    If  wounded, 

tbey  may  be  gali'ed  in  their  "  liiirry." 


DESTRUCTION  OF  FEMALE  SEALS. 

TESTIMONY   OF  BRITISH  FURRIERS. 

Pngo  li»8  of  The  Case, 

I  can  also  tell  by  examiiiin^  a  skin  whether  it  has  been  taken  from  a 

female  or  male.     1  have  examined  and  sorted  a 

George  liantle,  p.  hO^.  ^reat  many  thousand  skins  taken  from  sealing 

schooners,  and  have  observed  tluit  they  are  nearly 

all  females,  a  few  beinjj  old  bulls  and  yearlings.    A  female  seal  has 

a  smaller  head  snid  a  larger  belly  when  with  young  than  a  male  seal, 

and  the  fur  on  the  belly  part,  where  the  teats  are,  in  consequence  of 

being  worn,  is  not  worth  much,  and  has  to  be  cut  off  after  being  dyed. 

The  skins  of  the  male  and  female  animal  are  readily  distinguishable 
from  each  other  in  the  adult  stage  by  reason  of 

7/.  S.  lievingion,  p.  n,")!'.  the  dlfterence  in  the  sha^ie  of  the  heads.  That  the 
Copper  and  Alaska  skins  are  almost  exclusively 
the  skins  of  the  male  animal,  and  tiie  skins  of  the  Northwest  catch  are 
at  least  80  ])er  cent  of  the  skins  of  the  female  animal.  That  prior  to 
jind  in  pre])aration  for  making  this  deposition  dei>onent  says  he  care- 
fully looked  through  two  large  lots  of  skins  now  in  his  warehouse  for 
the  especial  purjtose  of  estimating  the  percentage  of  female  skins  found 
among  the  Nortliwest  catch,  and  he  believes  tlie  above  estimate  to  be 
.accurate. 

That  the  skins  in  the  Northwest  catch  are  also  ])ierced  with  shot  and 
spear  marks,  in  consequence  of  having  been  killed  in  the  open  water 
instead  of  ui)ou  land  by  club. 

The  great  majority  of  the  skins  sold  from  the  Northwest  catch  are 
the  skins  of  female  seals.  Deponent  is  not  able 
Alfred  Fraser,  p.  557.  to  state  exactly  what  proportion  of  such  skins  are 
the  skins  of  females,  but  estimates  it  to  be  at  least 
85  per  cent,  and  the  skins  of  females  are  readily  distinguishable  from 
tli<)s<'  of  the  males  by  reason  (»f  the  fact  that  on  the  breast  and  on  the 
belly  of  the  bearing  female  there  is  comparatively  little  fur,  whereas  on 
the  skins  of  the  n)ale  seals  the  fur  is  evenly  distributed;  and  also  by 
reason  of  the  fact  tliat  the  female  seal  has  a  narrow  head  and  the  male 
seal  a  broad  head  an«l  neck;  and  the  skins  of  this  catch  are  also  dis- 
tinguishable from  the  "Alaska"  and  "Co])per"  catch  by  reason  of  the 
fact  that  the  seals  are  killed  by  bullets  or  buckshot,  or  speared,  and 
not,  as  on  the  l*iil)ilof  and  Commander  Islands,  by  clubs.  Marks  of 
sueli  bullets  or  buckshot  or  spears  are  clearly  discernible  in  the  skins, 
and  there  is  a  marked  dillerence  in  the  commercial  value  of  the  female 
skins  and  of  the  ujale  skins.  This  fact,  that  the  Northwest  skins  are 
BO  largely  the  skii.s  of  females,  is  further  evidenced  by  the  fact  that  in 
many  of  the  early  sales  of  such  skins  they  are  classified  in  deponent's 
books  as  the  skins  of  "  females." 


^  from  a  boat. 

kith  a  sliort- 

cy  are  apt  to 

If  wounded, 


TESTIMONY    OF    BlilTlSH    FURKIEHS. 


411 


And  in  thv  same  way  d«']ionoiit  thinks  from  Iiis  own  jtcrsonal  expe- 
rience in  handling  skins  tiiat  lie  wonlil  1i:i\eiio 
<lil!i<'ulty  whatever  in  Reparatin^i  the  skins  of  the       tlfmi  Fiaser,p.55S. 
Northwest  catch  from  tiie  skins  of  the  Ahiska 
catch  by  reason  of  the  laet  tliat  they  are  tlie  skins  ahnost  exclusively 
of  females,  and  also  that  the  fur  upon  the  bearing  female  seals  is 
much  thinner  than  upon  the  skin  of  the  male  seals;  the  skin  of  the 
animal  while  pregnant  being  extended  and  the  fiir  extended  over  a 
large  area. 


aken  from  a 
nd  sorted  a 
Vom  seabiig 
*y  are  nearly 
lie  seal  has 
a  male  seal, 
sequence  of 
being  dyed. 

inguishable 
y  reason  of 
'.  That  the 
exclusively 
't  catch  are 
lat  prior  to 
8  he  care- 
rehouse  for 
ikins  found 
mate  to  be 

•  shot  and 
>r/en  water 


catch  are 
not  able 
skins  are 
Jc  at  least 
able  from 
nd  on  the 
lereas  on 
d  also  by 
the  male 
also  dis- 
on  of  the 
ired,  and 
^larks  of 
he  skins, 
le  female 
kins  are 
: that  in 
ponent's 


That  the  said  firm  can  distinguish  very  readily  the  source  of  produc- 
tion of  the  skins  when  the  lattei'  are  in  their  un- 
dressed state:  that  for  several  s'ears  besides  the  /,.  ^'?*^  Heit*,  p.  558 

1  •  j-ii  1  •  '     1         ii       4  1      1       (itrnrh  furrier). 

skinsof  the  regular  comi)anies,su(!li  as  the  Alaska  -^         ' 

Company  (American  concessionaire)  and  the  (^/opper  Company  (Ilussiau 
i'oncessionaire)  the  said  firm  has  bought  quantities  of  skins  called 
Northwest  Coast,  Victoria,  etc.  That  these  skins  are  those  of  animals 
caught  in  the  open  sea  by  persons  who  ap])ai'ently  derive  therefrom 
large  profits,  and  nearly  tiir<'e  (piarters  of  them  are  those  of  females 
and  pups,  these  probably  being  less  diflieult  to  take  than  the  males; 
that  these  animals  are  taken  by  being  shot. 

Tiiat  the  seals  taken  by  the  Alaska  and  (Jopper  companies  are  males; 
the  destruction  of  which  is  nuich  less  i»iejudi<',ial  to  the  pn'servation  of 
the  race,  and  which  furnish  the  best  skins,  these  being  finer  and  more 
furnished  with  down;  that  they  are  killed  on  the  islands  with  clubs. 
That  every  animal  killed  by  ball  or  shot  bears  the  traces  of  such 
slaughter,  which  marks  greatly  depreciate  the  value  of  the  skin. 

An  essential  point  of  dilfeienee  between  the  skins  of  the  Noithwest 
catch  and  the  skins  of  the  Alaska  and  Cojipcr  Is- 
land catches  consists  in  the  tiu^t  that  most  of  the  rj,*^  ^-  ^<"''"''  P- 
Northwest  skins  are  the  skins  of  the  female  seal, 
while  the  Copper  and  Alaska  skins  are  of  the  male  seal.  Deponent  has 
made  no  computation  or  examination  which  would  enable  him  to  say 
specifleally  what  proportion  of  the  Northwest  catch  aie  the  skins  of  the 
female  seal,  but  it  is  the  fact  tiiat  the  great  majority,  deponent  would 
say  75  to  80  per  cent,  of  the  skins  of  this  catcJi  are  the  skins  of  the 
female  animal.  The  skins  of  the  male  seal  and  of  the  female  seal  may 
be  as  readily  distingnislied  as  the  skins  of  the  dilVerent  sexes  of  any 
other  aninml.  The  skins  of  the  female  seal,  for  instance,  show  the 
marks  of  the  breast,  and  the  fur  uixm  the  belly  is  thininr.  and  the 
Miiole  of  the  fur  is  also  finer,  lower  in  pile  ;  that  is,  the  flbeis  compos- 
ing the  fur  are  shorter  than  in  the  case  of  the  male  seal.  Another 
means  of  distinguishing  the  female  skins  from  the  skins  of  the  male 
lies  in  the  fact  that  the  skins  of  the  lemale  are  narrower  at  the  head 
and  tail  and  are  proportionately  wider  in  the  belly  than  the  skins  of 
the  male  seal.  Another  means  of  distinguisliing  the  seals  of  the  iSorth- 
west  catch  from  the  skins  of  the  Coi)per  island  and  Alaska  catches 
consists  in  the  fact  that  nearly  all  the  skins  of  this  catch  have  holes  in 
them,  which  deponent  understands  is  caused  by  the  fact  that  the  seals 
fr(uu  which  they  are  taken  have  been  shot  or  sjieared  in  the  open  sea, 
and  not,  as  is  the  case  with  the  seals  from  which  the  skins  of  Copper 
Island  aud  Alaska  catches  are  taken  and  killed,  with  clubs  upon  land. 


I 


412 


RESULTS. 


ii' 


n 


If; 


Both  the  Oupper  Lsliind  skins  and  the  Alaska  skins  are  almost  exclu- 
sively the  Hkins  of  male  seals,  and  the  diil'erence 

Henry  Poland,  p.  571.  between  the  skitt  of  a  male  seal  and  a  female  seal 
of  adult  age  can  be  as  readily  seen  as  between  the 
skins  of  different  sexes  of  other  animals.  That  the  Northwest  skins 
are,  in  turn,  distinguishable  from  the  Copper  Island  and  Alaska  skins, 
first,  by  reason  of  tlie  faet  that  a  very  large  proportion  of  the  adult 
skins  are  obviously  the  skins  of  female  animals;  second,  because  they 
are  all  pierced  with  a  spear  or  harpoon  or  sliot,  in  consequence  of  being 
killed  in  open  sea,  and  not,  as  in  the  case  of  Copper  Island  and  Alaska 
skins,  being  killed  upon  land  by  clubs;  third,  because  (he  Northwest 
skins  are  cured  upon  vessels  by  the  crews  of  whi(;h  they  are  killed,  upon 
which  there  are  not  the  same  facilities  for  flaying  or  salting  the  skins 
as  there  are  upon  land,  where  the  Copper  and  Alaska  skins  are  flayed 
and  salted. 

The  Japanese  skins,  which,  [  think,  are  now  included  in  the  North- 
west catch,  are  distinguishable  from  the  other  skins  of  the  Northwest 
catch  by  being  yellower  in  color,  having  a  much  shorter  pile,  because 
they  are  salted  with  fine  salt,  and  have  plenty  of  blubber  on  the  pelt. 
That  the  skins  purchased  by  deponent's  firm  are  handed  over  by  it  to 
what  are  called  dressers  and  dyers,  for  the  puri>ose  of  being  dressed 
and  dyed. 

The  skins  taken  in  the  North  Pacific  and  Bering  Sea  by  hunters  are 
of  the  same  nature  as  those  taken  on  the  Pribilof 

Chaa.  W.  Price,  j).  321.  Islands,  but  are  of  less  value,  owing  to  the  fact 
that  they  are  taken  at  all  seasons  of  the  year. 
Part  of  them  are  stagy,  some  are  full  of  holes  iVom  being  shot,  and  the 
fur  oi»  the  belly  of  quite  a  number  of  tiie  t^einale  seals  giving  milk  is  of 
little  value.  I  have  handled  and  examined  many  thousands  of  skins 
imrchased  from  hunters  who  had  taken  them  along  the  coast  and  in 
Bering  Sea.  Fully  80  per  cent  of  them  were  females,  which  skins  were 
readily  distinguishable. 

That  the  dillererices  between  the  skins  of  the  adult  male  seals  and 

the  adult  female  seals  are  as  marked  as  the  dif- 

Geo.  Itice,  p.  573.  ferences  between  the  skins  of  the  two  sexes  of 

other  animals,  and  that  in  the  Nort  hwest  catch 

from  85  to  90  i)er  cent  of  the  skins  are  of  the  female  animal. 

Deponent  does  not  mean  to  state  that  these  figures  are  mathemat- 
ically accurate,  but  they  are,  in  his  judgment,  approximately  exact. 

I  should  estimate  the  proportion  of  female  skins  included  within  the 
Northwest  catch  at  at  least  75  per  cent,  and  I 

W'm.  C.  B.  Stamp,  p.  should  not  be  surprised  nor  feel  inclined  to  con- 
tradict an  estimate  of  upwards  of  90  per  cent. 
My  sorter,  who  actually  handles  the  skins,  estimates  the  number  of 
female  skins  in  the  Northwest  catch  at  90  per  cent. 

One  means  of  distinguishing  the  skins  of  the  Northwest  catch  from 
those  of  the  other  catches  is  the  fact  that  they  are  pierced  with  shot  or 
spear  holes,  having  been  killed  in  the  open  sea,  and  not,  as  in  the  case 
of  the  Copper  and  Alaska  catches,  killed  upon  land,  with  clubs. 

The  number  of  Japanese  skins  averages,  deponent  should  say,  about 
u,000  a  year,  altlumgh  there  is  a  good  deal  of  fluc- 

Mmil  Teichmann,pMi.  tuation  in  the  quantity  from  year  to  year,  and  de- 
ponent says  that,  like  the  other  skins  included  in 


TESTIMONY    OF    BRITISH    FURRIERS. 


413 


-Imost  exolu- 
le  difference 
i  female  seal 
between  the 
liwost  skins 
laska  skins, 
>f  the  adult 
ecanse  they 
ice  of  being 
and  Alaska 
Northwest 
l£illed,upon 
g  the  skins 
s  are  flayed 

the  North- 
Northwest 
le,  because 
>n  the  pelt, 
er  by  it  to 
ng  dressed 


lu  Titers  are 
l»e  Pribilof 
to  the  fact 

the  yefir. 
►t,  and  the 

milk  is  of 
Is  of  skins 
ist  and  in 
jkins  were 


seals  and 
s  the  dif- 
'  sexes  of 
t'est  catch 

lathemat- 
exact. 

rithin  the 
snt,  and  I 
I  to  con- 
|)er  cent, 
umber  of 

itch  from 
h  shot  or 
the  case 
s. 

ly,  about 
il  of  flue- 
,  and  de- 
luded in 


the  Northwest  catch,  tlicy  are  principally  the  skins  of  fonnile  seals,  not 
easily  distinguishable  frcim  the  skins  taken  from  the  licrds  frequenting 
the  eastern  part  of  the  Pacific  Ocean  and  Bering  Sea,  except  by  reason 
of  their  being  principally  speared  instead  of  shot. 

The  most  essential  ditference  between  the  Northwest  skins  and  the 
Alaska  and  Copper  «!atcliea  is  that  the  Northwest  skins,  so  far  as  they 
are  skins  of  adult  seals,  are  almost  exclusively  the  skins  of  female 
seals  and  are  nearly  always  pierced  with  shot,  bullet,  or  spear  holes. 

The  skins  of  the  adult  female  seal  may  be  as  readily  distinguishable 
from  the  skins  of  the  adult  male  as  the  skins  of  the  dilferent  sexes  of 
other  animals;  that  practically  tlu'  whole  of  the  adult  Northwest  catch 
seals  were  the  skins  of  female  seals,  but  the  skins  of  the  younger  ani- 
mals included  within  this  Northwest  catch,  of  which  we  have  at  times 
a  considerable  number,  are  much  more  diflicult  to  separate  into  male 
and  female  skins,  and  I  am  not  prepared  to  say  that  1  could  distinguish 
the  male  from  the  fennile  skins  of  young  animals. 

A  certain  percentag«i  of  young  animals  is  found  among  the  consign- 
ments received  by  us  at  the  beginning  of  each  season,  which  we  under- 
stand and  are  informed  are  the  skins  of  seals  caught  in  the  Pacific 
Ocean  off  the  west  coast  of  America,  but  a  nuich  smaller  percentage  of 
such  small  skins  is  found  among  the  consignments  later  in  the  season, 
which  we  are  informed  are  of  seals  caught  mi  the  Bering  Sea. 

DESTRUCTION  OF  FEMALE  SEALS. 
TESTIMONY    OF    AMERICAN    FURRIERS. 
Page  202  of  The  Case. 

Relative  to  matter  of  depletion  of  seal  herds  of  the  Pribilof  Islands, 
this  most  deplorable  fact  is  due  in  our  opinion  in 
great  part,  if  not  entirely,  to  the  action  of  seal-  ggj-  ^'-  Guniher'8Son;p. 
ers  in  the  indiscriminate  killing  of  these  animals 
while  in  transit  to  and  from  tliese  islands  for  breeding  purposes,  the 
tiemales  b(  ing  killed  in  nuich  greater  proi)ortionate  numl)ers,  owing  to 
heir  less  aggressive  nature  and  their  being  less  able  to  escape.  While 
on  their  way  to  these  islands,  the  cow  (female)  seal  is  in  a  condition  of 
pregnancy,  the  peri«)d  of  gestation  ending  shortly  after  their  landing. 
If  intercepted  and  killed  while  in  this  condition  the  loss  is  obvious. 

In  1890  I  examined  14,000  fur-seal  skins  that  were  brought  down  on 
a  tender  from  Sand  Point,  Alaska.    That  was  the 
entire  catch  of  the  Victoria  sealing  fleet  up  to  that     George  Lieies,p.  5io. 
time,  the  middle  of  June.    It  was  trai'sfi  ired  at 
Sand  Point  so  that  the  schooners  which  had  the  catch  on  board  could 
enter  the  Bering  Sea  clear  of  all  skins,  i*)  oase  they  might  be  overtaken 
and  searched  by  revenue  cutters.    Tin;  proportion  of  females  in  this  lot 
was  over  90  per  cent.     It  was  very  easy  to  distinguish  the  males  from 
the  females  on  account  of  the  formation  of  their  heads,  the  belly  being 
swollen  out  of  shape,  the  teats  showing  signs  of  development,  and  also 
showing  that  the  seal  had  been  flill  of  young  and  had  evidently  been 
cut  open  and  the  young  removed.    There  were  also  some  black  pups 
among  the  lot,  which  are  the  skins  of  unborn  seals  and  have  no  com- 
mercial value.    •    •    • 

I  also  examined  a  portion  of  the  catch  brought  to  Victoria  in  1891, 
and  the  same  conditions  as  to  females  existed  as  in  the  previous  year, 
except  that  there  was  a  larger  proportion  of  yearling  skins  among 
them. 


414 


RESULTS. 


I  have  also  pxainiiH'd  skiiia  taken  by  hniitors  from  the  Bering  Sea, 
aiu  there  is  oven  a  {iioiifer  proportion  of  H-nnilea  than  anu)ii{;  those 
taken  on  the  coast,  it  is  easier  to  distiiiffuisli  tlie  fennUes  in  the  Bering 
Sea  skins,  tor  the  teats  are  t'lilly  developed  IVoni  the  seals  sneklinfj  their 
young  and  they  are  canffht  while  in  the  sea  searching  lor  food.  The 
fur  on  the  hclly  of  these  female  seals  is  very  poor  and  thin,  owing  to 
the  swelling  and  fever  in  the  teats,  caused  l»y  suckling.  OftentinieH 
female  skins  arc  found  with  big  bare  spots  round  the  teats,  due  to  the 
same  cause. 


At  that  time  [180.")]  he  made  his  purchases  fromthe  IndisMi.s  on  the  west- 
ern coast  of  the  American  eonti'ient.  whooirere<l  to 

Herman  LiebeB,pJ<VJ.  ]iini  only  the  skins  of  fenndr.  seals;  that  the  i)rice 
he  oi'i.iiinally  jtaid  for  tiieiis  was  us  low  as  50  cents 
jicrskin;  that  he  otlered  the  liidiaiis  a  nnicli  higher  price  for  male 
skins,  and  was  told  by  theni  that  the  male  seids  could  not  be  caught, 
and  that  many  Imlians  whom  he  has  jx'rsonally  seen  kill  seals  and  from 
whom  he  has  bought  skins,  have  told  told  him  that  nuile  seals  and  the 
young  cows  were  too  active  to  be  caught  and  that  it  was  only  the  fe- 
male seals  heavy  with  young  whicdi  they  could  catch.  The  males,  for 
instance,  as  deponent  was  tohl  by  the  seal-hunters,  come  up  to  the  sur- 
face of  the  water  after  diving  often  as  much  as  a  nnio  from  the  phice 
they  went  down,  whereas  tlu!  females  can,  when  pregnant,  hardly  dive 
at  all. 

Deponent  says  that  i'vom  his  own  observation  of  live  seals  during 
many  years,  and  iVcun  his  ]>ersoiial  inspection  of  the  skins,  he  knows 
the  difference  between  the  skin  of  a  female  seal  and  a  male  seal  to  be 
very  marked,  and  that  the  two  are  easily  distinguishable.  The  skin 
of  a  female  seal  shows  the  marks  of  the  breasts,  about  whi.-h  there  is 
no  fur.  The  belly  of  the  female  seal  is  biirren  of  fur  also,  whereas  on 
the  ntale  the  fur  is  thick  and  evenly  distributed.  The  female  seal  has 
a  much  narrower  head  than  the  male  seal,  and  this  ditlerence  is  appar- 
ent in  the  skins;  also  that  the  dilVeicnces  between  the  male  an<l  fe- 
male skins  are  so  marked  that  there  is  now  and  always  has  been  a  dif- 
ference in  the  i)rice  of  the,  two  of  from  300  to  -^OO  ])tr  cent.  For  exam- 
ple, at  the  last  sales  in  London,  on  the  2lM  day  of  January,  1802,  there 
were  sold  3(>,0(M)  fennile  skins  at  a  price  of  40  shillings  apiece,  and  13,000 
male  seals  at  a  price  of  130  shillings  apiece  on  an  average. 

Second.  That  from  the  year  1804  down  to  the  present  day  deponent 
or  his  firm  have  been  large*  purchasers  of  seal-skins  on  the  western  coast 
of  America  irom  the  Intlians  and  residents  <m  the  British  coast;  and 
deponent  believes  that  he  has  handled  nearly  three-fourths  of  the  catch 
from  that  time  (b)wn  to  the  ])resent.  That  during  the  whole  of  this 
period  he  has  purchased  from  3.000  to  40,000  seal  skins  a  year,  and  that 
he  has  i)ersoniiIly  inspected  and  physically  handled  the  most  of  the 
skins  so  bought  by  him  or  his  lirm.  . 

That  from  the  year  1880  he  has  been  in  the  habit  of  buying  skins 
from  American  and  I"]nglish  vessels  engnged  in  what  is  now  known  as 
poaching,  and  that  he  has  personsdly  inspected  every  cargo  bought  and 
seen  unloaded  Irom  the  poaching  vessels,  and  subsequently  seen  and 
superintended  the  unpiicking  of  the  same  in  his  own  warehouse;  that 
the  most  of  the  skins  above  mentione<l  as  purchased  by  him  have  been 
bought  from  the  ])oaching  vessels,  and  that  (jf  the  skins  so  bought  from 
the  vessels  known  as  poachers,  dep(»ncnt  says  that  at  least  90  per  cent 
of  the  total  number  of  skins  were  those  of  female  seals,  and  that  the 
bkius  of  male  seals  found  among  those  cargoes  were  the  skins  of  very 


Bering  Sea, 
jMiioii^r  those 
in  the  liwiug 
ucklip.fjtlu'ir 
r  food.  Tlio 
lU,  owing  to 
OftentiincH 
«,  due  to  the 


3  on  tlio  west- 
hoofleredto 
hat  the  i)rice 
vasSO  cents 
rico  for  male 
•t  be  caught, 
a  Is  and  from 
oaKs  and  the 
oidy  the  fe- 
ic  males,  for 
)  to  the  sur- 
m  the  pliice 
hardly  dive 

eals  during 

I,  he  kno\v8 

)  Heal  to  bo 

.    The  skin 

i'li  there  is 

whereas  on 

lie  seal  has 

e  is  appar- 

ale  and  fe- 

been  a  dif- 

For  exam- 

1802,  there 

and  13,000 

deponent 
stern  coast 
Joast;  and 
f  the  catch 

e  of  this 
^  and  that 
ost  of  the 

ing  skins 
known  as 
ought  and 
seen  and 
use;  that 
lave  been 
light  from 
[>er  cent 
I  that  the 
IS  of  very 


TESTIMONY   OF    AMRRK'AN    Kl'KRIFRR. 


415 


small  animals,  not  exceeding  two  years  of  age,  and  further,  that  the 
age  of  the  seal  may  l>e  t<tl(l  accurately  from  the  size  of  its  skin. 

Third.  That  the  skins  bought  at  Victoria  from  the  poa<-liing  vessels 
are  shipped  by  him  hirgcly  to  the  firm  of  ('.  M.  Lampson  &  Co.,  in  Lon- 
don, who  are  the  largest  sellers  of  skins  in  the  world  and  the  agents  of 
dep«>nent's  Arm.  That  he  liiis  been  through  the  establishment  of  C  M. 
T/.unpson  &  Co.,  in  London,  very  lVe(|uently.  Thut  he  has  frequently 
heard  stated  by  the  stiperintcn<b'nt  thereof  that  tiic  great  nmjority  of 
the  skins  receivetl  by  them  from  wlmt  is  called  the  '•  Northwest  catch," 
that  is,  the  Northwest  Coast  of  Vi<'t<uia.  are  the  skins  of  seals  caught 
by  vessels  in  the  open  Pacili(!  or  tlu".  liering  Hca,  and  that  a  huge  pro- 
portion (»f  said  skins,  amounting  to  at  least  JM)  ]n>v  cent,  were  in  his,  the 
said  superintendent's,  JudgnuMit  ol>viously  the  skins  of  tcmale  seals. 

Fourth.  That  deponent  has  frciiucntly  re(|U(^stc(l  the  captains  of  the 
poaching  vessels  sailing  from  tlu'  port  of  Vit'toria  and  otlier  ports  to 
obtain  the  skins  of  nmle  seals,  and  stated  that  he  would  give  twice  as 
much  money,  or  even  more,  for  su«'li  skins  tlian  he  would  pay  for  the 
skins  of  female  seals.  Each  and  all  of  the  captains  so  approu(;hed 
laughed  at  tlu' idea  of  catching  male  seals  in  the  open  sea,  and  said 
that  it  was  impossibh;  for  them  to  do  it,  and  that  they  c(mld  not  <;atch 
male  seals  unless  they  could  get  upon  the  islands,  which,  except  once 
in  a  long  while,  they  were  unable  to  do  in  <'onse(piciice  of  the  restric- 
tions imposed  by  the  Unitetl  Statis  (lovernmcnt;  bc«ause  they  said 
the  males  were  more  a<*tive  and  could  (uitswim  any  boat  which  their 
several  vessels  had,  and  that  it  was  only  the  female  seals  who  were 
heavy  with  young  which  coidd  be  caught.  Among  the  cai)tains  ot 
vessels  with  whom  dejionent  has  talkc«l.  and  who  have  stated  to  him 
that  they  were  unable  to  catch  anything  but  female  seals,  are  the  fol- 
lowing: 

Captain  Cathcart,  an  Amciican  now  about  7.1  years  of  age,  who  com- 
manded the  schooner  »SV(h  />(>«/o,  and  who  subsequently  comnumded 
other  vessels;  Capt.  Harry  Ifarmson,  Capt.  (Jeorge  W.  Littlejohn, Capt. 
A.  Carlson,  Gustav  Sundvall.  and  others,  whose  names  ho  does  not 
now  remember. 

I  find  in  handling  the  skins  taken  in  Hcring  Sea  that  the  teats  of 
those  from  the  cow  seals  are  much   larger  and 
more  developed  than  from  the  ()nes  taken  in  the      haao  Liebe»,  pA5't. 
North  Paciflc  before  they  have  given  birth  to  their 
young;  and  the  fur  on  the  belly  of  the  former  is  thiner  and  poorer  than 
on  the  latter,  as  the  result,  I  suppose,  of  the  heat  and  distention  of  the 
udder  consequent  upon  giving  milk. 

In  my  examination  of  skins  offered  for  sale  by  sealing  schooners,  I 
found  that  over  90  i)er  cent  weiii  skins   taken 
from  fenmles.    The  sides  of  the  female  skin  are      Sidney  Liebea, p.  5lG. 
swollen,  and  are  wider  on  the  belly  than  th(»se  of 
the  males.    The  teats  are  very  discernible  on  the  females,  atul  it  can  be 
plainly  seen  where  the  young  have  been  suckling.    The  head  of  the 
females  is  also  much  narrower. 

I  have  bought  and  examined  the  catch  of  a  great  many  sealing 
schooners  during  the  last  ten  years,  and  have  ob- 
served that  85  to  90  per  cent  of  skins  taken  were     JohnN.  Lo/stad,  p,5li, 
from  fenmle  seals,  which  I  could  distinguish  by  a 


I 


mir 


lii 


416 


RESULTS. 


glance,  from  the  Hhapo  of  tlio  HkiiiB,  toxturc  of  tho  fur,  and  devdopnuMit 

of  tho  teatH. 

I  have  read  the  affidavit  of  .Fohii  J.  Phclan,  voritted  the  IHth  day  oJ 
Juii>3,  1K9L'.  [  was  ])r<>M«>nt  at  tlic  cxaiiiiiiiitioii  of 
seal-skills  tlicreiu  reforrcd  to.  Wliile  IMuUaii  in- 
81)ected  all  of  these  seitl-skins  I  assisted  him  in 
the  inspection  of  about  three  fourtlis  of  tlieni.    I 

know  that  of  those  we  inspected  jointly  none  were  improperly  classed 

as  the  skins  of  female  animals. 


Chan.  E.  MoClennen,p 
617. 


II 


It'   ' 


I  was  visiting  in  San  Francisco  in  thf  winter  of  1894)-'91,  and  I  worked 

in  a  fur  store  durinj;  several  months  of  my  stay 

AtttonMelovedoff,p.Ul.  there,  and  I  was  called  on  to  handle  and  inspect 

tlnmsands  of  the  skins  taken  by  schooners  in 

Bering  Sea,  and  they  were  nearly  all  cow  seal  skins. 

I  assort  the  furs  intodiff'erent  classes  and  qualities  and  usually  divide 
them  into  four  grades — tirst,  second,  third,  and 
Chestoqua  Peterson,  p.   fourth. 

The  first  class  is  composed  mostly  of  the  skins 
of  full-grown  cows.  I  distinguish  the  skins  of  males  from  those  of 
cows  because  the  skins  of  the  cows  have  white  whiskers  and  those  of 
males  black  whiskers. 

The  second  class  1  i)la<'e  tho  skins  of  younger  seals  tinit  iir«'  2  years 
old  and  over.  They  all  have  black  whiskers,  both  mah'  and  fenuile, 
except  perhaps  a  few  seals,  whose  whiskers  are  beginning  to  turn 
white. 

The  third  class  I  place  the  skins  of  all  seals  that  are  less  than  2  years 
old,  excej)ting  the  gray  pups. 

The  fourth  class  I  put  the  gray  pups. 

The  third  and  fourth  classes  are  about  half  male  and  half  female. 
About  one-third  of  all  the  skins  taken  here  are  graded  as  first-class 
skins,  and  are  mostly  female  skins.  In  former  years  the  Indians  would 
take  a  greater  proportion  of  pups  than  th«'y  do  now.  I  know  this  be- 
cause of  the  skins  that  are  offered  for  sale  mtw.  In  the  schooner  James 
O.  Swan  this  year  the  Indians  captured  19.S  skins,  and  among  the  whole 
lot  there  were  only  2  skins  of  pups.  The  seals  taken  far  off  the  shore 
are  larger  than  those  caught  near  the  coast  or  in  the  straits. 

In  buying  the  catch  of  schooners  engaged  in  the  sealing  business, 

I  have  observed  that  fully  75  per  cent  of  them 

B.  H.  SternfeU,p.  522.  were  females  and  had  either  given  birth  to  their 

young  or  were  heavy  in  i)up  w  hen  killed,  which 

was  easily  observed  by  the  width  of  the  skin  of  the  belly  and  the 

small  head  and  development  of  the  teat. 

While  the  Northwest  Coast  catches  have  of  late  years  placed  upon 

the  market  comparatively  cheap  skins,  and  in  that 

Geo.  H.  Treadwell,  p.  ^r^y  perhaps  benefited  my  particular  business, 

yet  I  recognize  the  fact  that  such  benefit  can  only 

be  of  temporary  duration,  for  I  have  always  noticed  that  these  catches 

are  largely  composed  ot  female  skins,  and  I  know  that  to  kill  female 

animals  seriously  impairs  the  herd. 


TKSTIMONY    OK    AMKHICAN    ITHKIKHS. 


417 


evolopniotit 

IHtli  (lay  (){ 
iiiiiititioii  of 
IMiolan  ill- 
stfd  him  in 
>!'  tlieiii.  I 
n\y  ulariHcd 


(1 1  worked 
)t'  my  stay 
iid  inH]><>(!t 
liooners  in 


lally  divide 
tliiid,  and 

if  the  Hkins 
a  tliose  of 
lid  those  of 

iirp  2  years 
lid  fi'iiiale, 
\fi  to  turn 

lan  2  years 


iilf  female. 

flrst-i'las.s 

ans  would 

)w  this  be- 

)iier  J(tmes 

the  whole 

the  shore 


business, 
t  of  them 
h  to  their 
ed,  which 
r  and  the 


aced  upon 
nd  in  that 
business, 
tean  only 
<('  catches 
:ill  female 


The  llrst  consi^iiiiiH'nt  was  jjlarcd  in  <'old  stoiajje  at  the  Central  Htori'S 
in  New  York  City.  A  short  time  since  1  con- 
sented, at  the  rciincst  of  the  I'nitcd  States  (Jov-  Oio.  n.  7 n.n/ii «//,;». 524. 
ernmcnt,  that  this  consi^Miinent  be  exiimiiied,  in 
order  to  determine  how  mnny  t'eiiiiile  skins  it  c<»ntaincd.  To  iierlnrni 
thee.\nminati«)n  1  detailed  tlohn  .1.  I'helan.  'This  man  has  been  in  the 
employ  of  my  lather  or  of  myself  since  Un'  year  18(».S.  I  regard  him  as 
one  of  the  most  coii;i)eteiit  and  trustworthy  men  in  our  siMviee,  1  have 
read  an  aOidavit  verilied  by  him  on  the  IHth  of  .Iiine.  I  a;>ree  entirely 
with  what  he  says  (Hineeinin^'  his  experience  in  the  handlin;;  and 
dressing  of  skins,  and  from  what  I  kn)»w  of  his  ehararter  and  ability  1 
believe  that  everythiii};  stated  by  him  in  this  atlblavit  is  correct. 

That  the  skins  of  the  Northwest  catch  are,  deponent  would  say, 
at  least  nine-tenths  of  them, skins  of  female  seals. 
The  skins  of  the  female  seals  are  as  readily distiii-    Jlmry  Tnadwrli,p,  525. 
guisliable,  before  bein;;' dressed  and  dyed,  from  the 
skins  of  male  seals  as  the  skin  ot  a  liitcli  and  the  skin  of  a  dog,  or  the 
skin  of  any  other  female  animal  from  that  of  the  male  of  the  same  lainily. 
The  females  always  have  narrower  heads  t  lian  the  niah's,  and  the  breasts 
atford  another  n;ady  means  of  identilication  of  female  seals. 

It  is  true  that  the  Northwest  ('oast  catches  have  of  late  years  placed 
upon  the  market  a  certain  number  of  good  skins 
which  could  be  jmrchased  at  prices  far  below  those     'Samud  Ullmann,  p,  527. 
for  which  skins  of  theAlaskacatch  Mere  sold.    Hut 

I  realize  that  this  can  not  continue  to  be  the  ease,  for  it  is  a  matter  of 
common  knowle<lge  amongst  furriers  that  these  Northwest  Coast 
cat<;hes  are  conii)()sed  mainly  of  the  skins  of  female  animals,  and  I  under- 
stand that  the  killing  of  female  seals  is  rapidly  imx>airiiig  the  value  of 
the  herd. 

I  have  for  many  years  personally  examined  numerous  shipments  of 
Northwest  Coast  skins  purchased  at  Vi(!toria.  I 
liave  had  such  experience  in  handling  fur-seal  Samuel  UUmann, p.  533. 
skins  as  enables  me,  readily  in  most  cases,  but 
always  upon  careful  examination,  to  distinguish  a  female  skin  from  a 
male  skin,  and  1  know  it  to  be  a  fact  that  a  ver>'*large  proportion  of 
the  skins  in  such  shipments  arc  those  taken  from  female  animals.  It 
is  also  true  that  a  large  number  of  skins  in  many  of  these  shipments 
are  rendered  almost  valueless  through  the  numerous  bullet  holes  which 
they  contain. 

I  have  observed  that  by  far  the  larger  portion  of  skins  purchased 
by  me  were  taken  from  female  seals.    Not  less 
than  eight  out  of  every  ten  were  from  cows  with    C.  T.  Wagner,  p.  2ii. 
pup  or  in  milk. 

During  the  past  two  years  I  have  handled  large  numbers  of  North- 
west Coast  skins  (i.  e.,  skins  of  animals  taken  in 
the  Pacific  Ocean  or  in  Bering  Sea).    I  have  as-      Wm.  Wiepert,  p.  535. 
sorted  all  of  them,  and  in  doing  so  have  specially 
noticed  the  fact  that  a  very  large  proportion  were  skins  of  female  ani- 
mals.   To  determine  this  fact  in  the  case  of  dressed  skins  I  see  whether 
there  are  any  teat  holes.    I  never  call  a  skin  a  female  skin  unless  I  can 
find  two  such  holes  on  either  side.    These  holes  can  be  easily  distin- 
guished from  bullet  or  buckshot  holes,  of  whicli  there  are  generally  a 
27  b  8 


J 


'  > 


418 


RESULTS. 


jfrcat  iiumbor  In  Nortliwost  Cnjist  skiiiH.  In  the  I'iise  of  a  shot  liolo  it 
is  iilwa.VH  i'videiit  tliat  the  siiri'oiuuUn^  t'ui'  has  been  abruptly  cut  oft', 
uhile  around  the  e(i);e  of  a  teat  \ioUt  the  t'ur  gnulnally  shortens  i\»  it 
reaches  the  ed^e  and  naturally  ceases  to  ^row  at  tli«^  ed};e. 

I  have  Just  looked  over  an  original  case  of  ninety  dressed  and  dyed 
Nortiiwest  ('«>aHt  fur-seal  skins,  which  have  been  lat«'ly  received  from 
]i<»ndon,aiul  were  still  under  seals  ])laced  on  them  in  London.  1  found 
that  of  these  ninety  skins  nine  only  were  those  of  male  aninnds. 

Dei)0Qcnt  further  sayt^  that  the  skins  of  the  Northwest  catch  are 

almost  entirely  the  nkins  of  females.    That  the 

('.  A.  U'Uliamf,p.rt'i7.  skins  of  males  and  the  skins  of  females  may  be 

as  readily  distin};uished  from  each  other  as  the 

skins  of  the  different  sexes  of  any  other  aninnds,  when  seen  before 

bciiij;  dyed  and  dressed,  and  that  the  reason  why  the  skins  of  this 

catch  are  almost  exclusively  females  is  that  the  male  seal  Is  much  nuue 

active  and  much  more  able  to  escape  from  the  boats  eiipiifed  in  this 

manner  of  hunting  than  the  female  seal,  and  that  a  large  nnndter  of 

the  female  seals  included  in  the  Northwest  catch  are  of  aninmls  heavy 

with  young.    A  large  number  (»f  fenmles  are  also  caught  on  their  way 

from  and  to  the  Pribilof  Islands  and  their  feeding  grounds  before  and 

after  the  delivery  of  their  young  on  those  islands. 

A  statement  is  attached  hereto,  prepaicd  by  deponent,  giving  his 
estimate  of  the  nund)er  of  female  seals  killed  by 
c.  J.  }hiltamf,p.  &10.  j,j,ij,gij.  hunting  in  the  past  twenty-one  years. 

That  for  the  last  fifteen  years  he  has  had  consigned  to  him  by  fur 
dealers  from  8,000  to  1(>,000  seal  skins  annualy,  for  the  purjmse  of  dress- 
ing and  dyeing  the  same;  that  about  'jO  per  cent 

Jon.  l>.1>'Uliatn»,p.5\S.  of  the  skiuf  so  received  by  him  canjcfrom  London 
in  casks  m  iked  as  they  are  catalogued  by  C  M. 
Lampson  &  Co.,  and  are  the  skins  belonging  to  what  is  known  as  the 
"N(»rthwest  catch;"  and  deponent  is  informed  and  believes  tiiat  the 
Northwest  catch,  as  the  term  is  used  in  the  trade,  moans  the  skins  of 
seals  caught  in  the  open  sea  and  not  upon  the  islands.  Another  reason 
for  this  belief  is  the  fact  that  all  of  tlie  skins  of  the  Northwest  catch 
contain  marks  showing  that  the  aninnd  has  been  kdled  by  bullets  or 
buckshot,  the  skins  being  pierced  by  the  shot,  whereas  the  skins  killed 
on  the  American  and  Kussian  islands  are  killed  on  land  by  clubs  and 
are  not  pierced. 

That  of  the  skins  of  the  Northwest  catch  coming  into  his  hands  for 
treatment  probably  all  are  the  skins  of  the  female  seal,  and  that  the 
same  can  be  distinguished  from  the  skins  of  the  male  seal  by  reason  of 
the  breasts  and  of  the  thinness  of  the  fur  aroimd  the  same  and  upon 
the  belly,  most  of  the  female  seals  being  killed  while  they  are  bearing 
their  young,  and  the  fur  therefore  being  stretched  and  thinner  over 
that  part  of  the  body;  and  also  for  the  further  reason  that  the  head 
of  the  female  seal  is  much  narrower  than  that  of  the  mtale  seal, 
and  that  this  point  of  diflerence  is  obvious  in  the  skins  of  the  two 
classes.  That  of  the  total  number  of  the  skins  received  by  him  about 
LT)  per  cent  are  the  skins  of  the  "Alaska"  and  "Copper"  catch.  That 
all  the  skins  of  the  "Alsiska"  catch  are  male  seals,  and  an  overwhelming 
l)roportion  of  the  "Copi)er"  catch  are  likewise  male  skins.  That  the 
remainder  of  the  skins  sent  to  deponent  for  dressing  and  dyeing,  as 
aforesaid,  are  received  by  hiui  through  the  house  of  Ilerman  Liebes  & 


TESTIMONY   OF   AMERICAN    FUi'.RIEKS. 


419 


i  shot  IioTo  it 
iptly  cut  oft", 
liorteiiH  118  it 

u(l  mid  dyed 
jcoivt'd  from 
on.  1  fuuud 
liuials. 

?8t  catclj  are 
*.  That  the 
lalcM  may  be 
i)Mier  aH  the 
8cen  before 
kiim  of  thiH 
s  much  more 
lifed  ill  til  is 
[o,  iinmber  of 
iiiial.s  heavy 
>ii  their  way 
8  before  and 


,  giving  hi8 
ills  killed  by 
le  years. 

>  him  by  fur 
ose  of  dress- 
i>0  per  cent 
I'om  London 
ed  by  C.  M. 
iiowii  as  the 
es  that  the 
the  skins  of 
)ther  reason 
liwest  catch 
y  bullets  or 
skins  killed 
y  clubs  and 

is  hands  for 
lid  that  the 
)y  reason  of 
le  and  u|)on 
are  bearing 
liuner  over 
it  the  head 

male  seal, 
of  the  two 
'  him  about 
itch.  That 
jrwhelming 
That  the 

dyeing,  as 
n  Liebes  & 


Co.,  of  San  Francisco,  and  others;  the  majority,  however,  from  TTerman 
Liebes  &  Co.  The  Hkins  received  from  the  latter  Hoiirces  are  from  each 
of  the  tlireo  catches  known  to  the  trade  as  the  "Copper,"  "Alaska,"  and 
"Northwest"  catch,  although  the  major  part  thereof  belong  to  what  is 
known  as  the  "Northwest"  catch,  and  are,  as  in  the  case  of  (he  skius 
received  from  Loudon  of  that  catch,  all  skins  of  the  female  seal. 

T  dress  and  dye  fur-seal  skins  of  the  Alaska,  Copper,  and  Northwest 
Coast  catches.   lean  readily  distinguish  the  skins 

belonging  to  each  of  them.  I  can  also  readily  t«'ll  ,^''''*'  ^'  "<"'<"»•»  J** 
a  female  skin  from  a  male  skin.  The  predomi- 
nance of  the  former  over  the  latter  in  the  Northwest  Coast  catch  is  one 
of  its  most  distinguishing  features.  I  can  not  ^tate  exactly  what  the 
l)en'entage  is  of  each  sex,  but  I  am  sure  that  as  a  rule  there  are  found 
in  the  Northwest  Coast  catches  at  least  ten  times  as  many  female  skins 
as  male  skins.  There  are  variims  ways  of  determining  the  sex  of  the 
animal  from  which  seal  skins  are  taken.  Sonxi  of  them  are  the  follow- 
ing: (1)  Female  skins  have  teats,  which  are  e..-  ly  found  even  in  the 
salted  skin,  especially  when  the  animal  isover  two  years  of  age.  (li)  The 
shape  of  a  female  skin  is  narrower  at  the  hea  1  and  on  the  shoulders. 
(3)  There  is  a  perceptible  dillerence  in  the  »  laract-r  of  the  hair  of  the 
skins  of  the  two  sexes. 

la  c.amining  and  purchasing  sealskins  from  tlie  schooners  in  their 
raw  state  I  have  observed  that  \H}  per  cent  of  i  iieir 
catch  are  females.    I  know  that  U)  be  a  fact,  bo-  f^j^''""'*'^*'  "'»<'»•«"«■  P- 
cause  the  heads  of  the  females  are  smaller,  the 
bellies  larger,  and  the  teats  can  be  plainly  seen.    The  teats  show  more 
plainly  when  the  skin  is  dressed  and  dyed. 

In  examining  the  skins  taken  by  sealing  schooners  I  have  found  most 
of  them  perforated  with  shot,  making  them  much  less  valuable  thereby. 
Formerly  more  of  them  used  to  be  killed  with  a  rille,  which  did  not  iu* 
jure  the  skiu  as  much. 

The  destruction  of  seals  in  the  North  Pacific  Ocean,  as  well  as  in  the 
Bering  Sea  is  largely  confined  to  females.    This 
fact  can  not  be  disputed  successfully.    I  made  an  .q^^'^'  ^*  "•"'<""*»  P- 
examination  of  the  reports  of  the  gentlemen  who     **■ 
handled  the  North  Pacific  collection,  up  to   and  including  the  year 
1S89,  and  all  agreed  that  the  skins  were  nearly  all  from  females. 

It  may  not  be  out  of  jdace  to  explain  that  the  smaller  value  of  the 
female  seal,  especially  after  the  birth  of  her  pup,  is  in  a  measure  due 
to  the  wearing  of  the  fur  around  the  teats.  The  amount  of  merchant- 
able fur  being  reduced  to  that  extent,  makes  it  necessary  for  the  han- 
dlers of  skins  to  observe  carefully  whether  pelts  are  male  or  female,  as 
well  as  their  general  condition.  They  make  a  complete  classification, 
and  being  experts  in  their  business,  are  uot  likely  to  make  mistakes. 

DESTRUCTION  OF  FEMALE  SEALS. 

EXAMINATION  OF  PELAGIC  CATCH  OF  1892. 

Page  203  of  The  Case. 

On  May  7  of  this  year  I  examined  355  salted  ftir-seal  skins,  ex-stfjamer 
Umatilla  from  Victoria,  and  found  the  same  to 
be  fresh  skins  taken  oft'  the  animal  within  three      chas.  J.  Behlow, p.  AOl. 
months.    They  were  killed  in  the  North  Pacific. 
Ou  exaoiination  I  found  they  wore  the  skins  known  as  the  Northwest 


U 


X 


11 


420 


RESULTS. 


f  : 


1^ 


Coast  seals,  and  belonj?  to  the  liercl  which  have  their  rookery  on  the 
Pribilof  Islar.ds.  The  lot  contained  310  skins  of  the  fur-seal  cow  (ma- 
tured). From  the  shape  of  the  skin  most  all  of  these  cows  must  have 
been  heavy  with  pup,  and  same  cut  out  of  them  when  captured. 
Eighteen  skins  of  the  fur-seal  male  (matured).  Twenty-seven  skins  of 
the  fur  seal  gray  pup,  from  6  to  9  months  old;  sex  doubtful. 

On  June  2, 1  examined  78  salted  fur-seal  skins,  ex-steamer  Walla 
Walla  from  Victoria,  and  found  the  same  to  be  fresh  skins  taken  off 
the  aniuial  within  three  months.    They  were  killed  in  the  North  Pacific. 

On  examination  I  found  they  were  the  skins  known  as  the  Northwest 
Coast  seals,  and  belong  to  the  herd  which  have  their  rookery  on  the 
Pribilof  Islands.  The  lot  contained  66  skins  of  the  fur-seal  cow  (ma- 
tured). From  the  shape  of  the  skin  most  all  of  these  cows  must  have 
been  heavy  with  pup,  and  same  cut  out  of  them  when  captured.  Five 
skins  of  the  fur-seal  male  (matured).  Seven  skins  of  the  fur-seal  gray 
pup,  from  6  to  9  months  old;  sex  doubtful. 

On  June  7,  I  examined  U68  salted  fur-seal  skins  ex-steamer  Umatilla 
from  Victoria,  and  found  the  same  to  be  fresh  skins  taken  off  the  ani- 
mal within  three  months.  They  were  killed  iu  the  North  Pacific.  On 
examination  I  found  they  were  the  skins  known  as  the  Northwest  Coast 
seals,  and  belong  to  the  herd  which  have  their  rookery  on  the  Pribilof 
Islands.  The  lot  contained  212  skins  of  the  fur-seal  cow  (matured). 
From  the  shape  of  the  skin  most  all  of  these  cows  must  have  been  heavy 
with  pup,  and  same  cut  out  of  them  when  captured.  Eleven  skins  of 
the  fur-seal  male  (matured).  Forty-five  skins  of  the  fur-seal  gray  pup, 
from  6  to  9  mouths  old ;  sex  doubtful. 

On  the  same  date  I  also  examined  124  salted  fur-seal  skins  ex-Uma- 
tilla  from  Victoria,  and  found  tlie  same  to  be  fresh  skins  taken  off  the 
animal  within  three  months.  They  were  killed  in  the  North  Pacific. 
On  examination  I  found  they  were  the  skins  known  as  the  Northwest 
Coast  seals,  and  belong  to  the  herd  which  fiave  rookery  on  the  Pribilof 
Islands.  The  lot  contained  93  skins  of  the  fur-seal  cow  (matured). 
From  the  shape  of  the  skin  most  all  of  these  cowe  must  have  been 
heavy  with  pup  and  the  same  cut  out  of  them  when  captured.  Fifteen 
skins  of  the  fur-seal  male  (matured).  Sixteen  skins  of  the  fur-seal 
gray  i)up,  from  6  to  9  months  old.     Sex  doubtful. 

I  notice  on  examining  seals  caught  this  sjjring  that  there  is  alack  of 
the  larger  size  of  productive  animals,  and  the  lots  mostly  contain  the 
skins  of  the  medium-sized  seals,  running  from  2  to  3  years  of  age. 

On  July  13, 1892, 1  examined  1,342  salted  fur-seal  skins,  ex-schooner 
Emma  and  Louise  from  the  North  Pacific  Ocean, 
Chaa.J.  BekloWfp.  i02.  and  found  same  to  be  fresh  skins  taken  oft"  the 
animal  within  four  months.    They  were  killed  in 
the  North  Pacific.    On  examination  I  find  they  were  the  skins  known 
as  the  Northwest  Coast  seals,  and  belong  to  the  herd  which  have  their 
rookery  on  the  Pribilof  Islands.    The  lot  contained  4  skins  of  the  fur- 
seal,  large  bulls  (breeding  bulls) ;  123  skins  of  the  fur-seal,  male  (mostly 
matured);  98  skins  of  the  fur-seal,  gray  pup,  less  than  1  year  old,  sex 
doubtful ;  1,112  skins  of  the  fur-seal,  cow  (mostly  matured).    From  the 
shape  of  the  skin  most  all  these  cows  must  have  been  heavy  with  pup, 
and  same  cut  out  of  them  when  captured. 

On  the  29th  instant  I  examined  2,170  salted  fur-seal  skins  ex-schooner 
Ed.  E.  Webster,  that  were  taken  by  said  schooner 

Chat.  J.  liehlow, p.  i03.  oft'  the  coast  of  Japan  in  the  Pacific  Ocean.  I 
found  them  to  be  fresh  skins  skinned  oft'  the 


EXAMINATION   OF   PELAGIC   CATCH   OP    1892. 


421 


>kery  on  the 
lal  cow  (ma- 
3  must  have 
n  captured, 
ven  skins  of 
al. 

aiuer  Walla 
IS  taken  off 
)rth  Pacific. 
}  Northwest 
iery  on  the 
al  cow  (ma- 
}  must  li.ave 
ired.  Five 
ir-seal  gray 

er  Umatilla 
off  the  ani- 
•aciflc.  On 
iwest  Coast 
the  Pribilof 
(uiatured). 
been  heavy 
en  skins  of 
1  gray  pup, 

IS  ex-Uma- 

ken  off  the 

rth  Pacific. 

Northwest 

he  Pribilof 

(matured). 

have  been 

I.    Fifteen 

|he  fur-seal 

is  a  lack  of 
oil  tain  the 
»f  age. 

schooner 
ific  Ocean, 
ten  ott'  the 
e  killed  in 
ins  known 
have  their 
of  the  fur- 
ile  (mostly 
ir  old,  sex 
From  the 
with  pup. 


-schooner 

schooner 

Ocean.    I 

id  off  the 


animal  within  four  months  last  j)a«t,  and  that  they  are  of  the  class  of 
skins  known  as  Russian  seals,  and  tlicy  bcloiijj  to  the  herd  having  its 
rookery  on  the  Commander  Islands  aiul  the  Robbins  Bank. 

The  lot  citutains  320  skins  of  the  fur  seal  male  (mostly  matured) ;  105 
skins  of  the  fur-seal  gray  pup  under  one  year  of  age  (sex  doubtful) ; 
1,745  skins  of  the  fur-seal  cow  (mostly  matured).  From  the  shape  of 
the  latter  most  all  of  these  cows  must  have  been  heavy  with  pup,  and 
the  same  cut  out  of  them  when  captured. 

Oiithe  2iJth  iiistantlexamined  fifteen  salted  fur-seal  skins  ex-schooner 
Rose  Sparks  from  the  North  Pacifit;  Ocean,  and  found  the  same  to  be 
fresh  skins  taken  off  the  animal  within  two  months.  They  were  killed 
in  the  North  Pacific,  and  that  they  are  of  the  skins  known  as  the  North- 
west Coast  seals,  and  belonged  to  the  herd  which  have  their  rookery  on 
the  Pribilov  Islands. 

The  lot  contained  2  skins  of  the  fur-seal  (matured) ;  2  skins  of  the 
fur-seal  gray  pup  under  one  year  of  age  (sex  doubtful) ;  11  skins  of  the 
fur-seal  cow  (matured).  And  from  the  shape  of  the  latter  most  all  of 
these  cows  must  have  been  heavy  with  pup,  and  some  cut  out  of  tliem 
when  captured. 

As  a  result  of  the  work  I  have  performed  for  so  many  years  I  am 
able  to  distinguish,  without  difficulty,  the  skin  of 
a  female  seal  from  that  of  a  male  seal.  There  are  John ./.  rhela..,  p.  519. 
generally  several  ways  in  which  I  can  tell  them 
apart.  One  of  the  surest  ways  consists  in  seeing  whether  any  teats 
can  be  found.  On  a  female  skin  above  the  age  of  2  years  teats  can 
practically  always  be  discovered:  when  the  animal  is  over  3  years  old, 
even  a  person  who  is  not  an  expert  at  handling  skins  can  discover  two 
prominent  ones  on  eacli  side  of  almost  every  skin.  This  is  because  af- 
ter the  age  of  3,  and  often  even  after  2,  almost  all  females  have  been  in 
pup.  There  are  also  teats  on  a  male  skin,  but  they  are  only  very 
slightly  developed.  When  the  fur  is  matted,  as  it  is  in  salted  fur-seal 
skins,  the  male  teats  can  not  be  found,  but  the  female  teats  of  skins 
more  than  2  years  old  can  be  found  under  all  circumstances. 

1  have  been  able  to  test  all  my  observations  as  to  the  teats  on  salted 
fur-seal  skins  by  following  these  skins  through  the  various  processes 
which  1  have  described.  During  these  processes  the  skins  become 
thinner  and  thinner,  and  the  teats  more  and  more  noticeable,  and  at  an 
early  stage  in  the  dressing  they  must  be  wholly  removed.  There  are 
other  ways  of  distinguishing  the  skins  of  the  two  sexes.  I  will  state  a 
few  of  them. 

A  femalo  seal  has  a  narrower  head  than  a  male  seal.  By  the  word 
"head"  I  mean  here  to  include  the  part  of  the  body  from  the  head 
down  to  th<'  middle  of  the  back.  1  believe  all  men  who  have  handled 
the  skins  of  both  sexes  have  noticed  this  point. 

Then,  again,  when  the  whiskers  have  not  been  cut  off  they  generally 
afford  a  safe  means  of  {listinguishing  the  sexes.  Male  whiskers  are 
much  more  briti.le  and  of  a  darker  color  than  those  of  the  female  ani- 
mal. When  the  male  seal  is  over  (J  years  old  it  begins  to  have  a  mane, 
and  for  this  reason  it  is  after  that  age  called  a  wig. 

Finally,  it  is  gener.ally  possible  for  me  to  tell  the  skins  of  the  two 
sexes  apart  by  just  taking  a  look  at  them  or  feeling  them.  I  suppose 
I  can  do  this  because  I  have  been  at  the  business  so  long  that  I  am  an 
expert  in  it. 

The  chief  classes  of  sealskins  that  I  have  handled  arc  the  Alaska, 


^ 

■ 

'■ 
1 

4 

f 

;l 

■ 

i 

•IS' 


422 


RESULTS. 


Ill 


the  Northwest  coast,  and  the  Copper  Island  skins.  I  can  always  dis- 
tinguish the  skins  of  these  classes.  The  Xorthwest  coast  skins  are 
most  easily  told  by  the  very  great  proportion  of  females  contained  in 
any  given  lot.  Among  the  Alaska  and  Copper  skins  I  have  hardly 
ever  seen  a  female  skin. 

I  was  sent  to  New  York  from  Albany  a  few  days  ago  by  Mr.  George 
H.  Treadwell,  with  instructions  to  go  through  a 

John  J.  Phelan,  p.  520.  certain  lot  of  seal-skins,  which  I  understand  he 
had  recently  bouglit  in  Victoria,  and  to  find  out 
how  many  of  these  skins  were  taken  from  female  animals.    1  have  spent 
four  days  in  doing  this,  working  about  seven  hours  a  day. 

There  were  several  men  who  unpacked  the  skins  and  laid  them  before 
me,  so  that  all  of  my  time  was  spent  in  examining  the  individual  skins. 
The  lot  contained  3,550  skins.  1  found  that,  with  the  possible  excep- 
tion of  two  dried  ones,  they  were  taken  from  animals  this  year;  they 
were  a  part  of  what  is  known  as  the  spring  catch.  I  know  this  to  be 
the  case  by  the  fresh  appearance  of  the  blubber  and  of  the  skin  as  a 
whole.  This  affords  a  sure  way  of  telling  whether  the  skin  has  lain  in 
salt  all  winter  or  whether  it  has  been  recently  salted.  I  personally  in- 
spected each  one  of  these  skins  by  itself  and  kept  an  accurate  record 
of  the  result.  I  divided  the  skins  according  to  the  three  following 
classes:  Males,  females,  and  pups.  In  the  class  of  pups  I  placed  only 
the  skins  of  animals  less  than  2  years  of  age,  but  without  reference 
to  sex. 

I  found  in  the  lot  395  males,  2,167  feinales,  and  988  pups.  Leaving  out 
of  account  the  pups,  the  percentage  of  females  was  therefore  about  82. 

The  great  majority  of  what  I  classed  as  male  skins  were  taken  from 
animals  less  than  3  years  of  age.  There  was  not  a  single  wig  in  the 
lot.  On  the  other  hand,  nearly  all  of  the  female  skins  were. those  of 
full-grown  animals.  On  every  skin  which  I  classed  among  the  females 
I  found  teats,  with  bare  spots  about  them  on  the  fur  side.  Such  bare 
spots  make  it  absolutely  certain  that  these  teats  were  those  of  female 
skins. 

With  regard  to  the  pup  skins,  I  will  say  that  I  did  not  undertfike  to 
determine  whether  they  were  males  or  fem.ales,  because  they  had  a  thick 
coat  of  blubber,  which,  in  the  case  of  an  animal  less  than  2  years  old, 
makes  it  very  hard  to  tell  the  sex. 

All  of  the  skins  that  I  examined  were  either  shot  or  speared.  I  did 
not  keep  a  close  count,  but  I  am  of  the  opinion  that  about  75  per  cent 
of  them  were  shot. 

The  result  of  the  examination  is  about  what  I  had  expected  it  would 
be.  The  figures  only  confirm  what  I  have  always  noticed  in  a  general 
way,  that  nearly  nine-tenths  of  the  skins  in  any  shipment  of  Northwest 
coast  skins  are  those  of  fcm.ale  animals. 

DESTRUCTION   OF   FEMALE   SEALS. 

TESTIMONY  OF  PELAGIC  SEALERS. 

Page  205  of  The  Case, 

(See  also  Destnietion  of  prtgnantfemaUi  anil  Dettruetion  of  nuriing  femaht.} 

We  cruised  around  in  the  sea  till  the  latter  part  of  October,  when  we 
started  for  home.    Our  entire  catch  for  that  sea- 

Chaa.  Adair,  p.  iOl.  son  was  1,270  skins.  I  think  we  got  on  an  aver- 
age about  two  males  to  ten  females. 


TESTIMONY    OF   PELAGIC   SEALERS. 


423 


always  dis- 
st  skins  are 
contained  in 
have  hardly 

Mr.  George 

0  through  a 
derstand  he 

1  to  find  out 
[ have  spent 

til  em  before 
idual  skins, 
isible  excep- 
year;  they 
V  this  to  be 
e  skin  as  a 
L  has  lain  in 
rsonally  in- 
rate  record 
e  following 
placed  only 
it  reference 

leaving  out 
re  about  82. 
taken  from 
i  wig  in  the 
re. those  of 
the  females 
Such  bare 
e  of  female 

iidertake  to 
had  a  thick 

2  years  old, 

red.  I  did 
75  per  cent 

;d  it  would 
a  a  general 
Northwest 


if 


My  experience  in  seal  hunting  is  that  a  much  greater  number  of 
females  are  taken  at  sea  than  males  of  the  fur- 
seal  species;  and  of  the  females,  the  majority  are  ^^^^ndrew  Anderson,   p. 
pregnant  or  milking  cows. 


218. 


Q.  Do  you  know  of  what  sex  the  seals  were  that  you  have  taken  in 
the  Pacific  and  Bering  Sea? — A.  Yes;    I  have 
taken  both  male  and  female  seals,  but  I  suppose      Geo.  Ball,  p.  482. 
the  greater  per  cent  that  I  have  taken  would  be 
about  90  per  cent  females,  or  even  more. 

Q.  What  percentage  of  the  skins  you  have  taken  were  cows? — A. 
About  90  per  cent,  for  the  simple  reason  that  the  bulls  are  not  migra- 
tive. 

Most  all  the  seals  taken  by  me  have  been  cows.    I  think  cows  sleep 
more  and  are  more  easily  approached.    Never 
killed  but  seven  old  bulls  on  the  coast  of  Wash-    _  Hilton  C.  Bennett,  p. 
ington  in  my  life,  but  have  taken  a  few  pups  ^^* 
every  year. 

Think  the  majority  of  the  seals  taken  are  cows.    Never  killed  but  two 
old  bulls  in  my  life.    Have  killed  quite  a  number 
of  yearling  seals  and  some  young  males  2  or  3     Edward  Benson,  p.  277. 
years  old. 

We  were  sealing  about  three  mouths  and  got  Thos.  Brown  (No.  i), 
about  400  seals,  most  all  females.    *    *    *  p.  319. 

We  did  not  enter  Bering  Sea,  and  returned  to  Victoria  in  April. 
Our  catch  was  fully  80  per  cent  females. 

Q.  Do  you  know  of  what  sex  the  souls  were  that  you  have  taken  in 
the  Pacific  and  Bering  Sea? — A.  Mostly  females. 

Q.  What  percentage  of  the  skins  you  have  Danieiciausscn,p.\n. 
taken  were  cows? — A.  About  80  per  cent. 

From  my  experience,  observation,  and  conver- 
sation with  seal  hunters,  I  am  of  the  opinion  that      Leander  Cox,  p.  417. 
fully  76  per  cent  of  their  catch  are  females. 

That  to  the  best  of  his  knowledge  and  belief 
about  eight  of  every  ten  seals  killed  in  pelagic     John  Dohrn,p,  259. 
sealing  are  females. 

I  saw  one  schooner's  catch  examined  at  Una- 
laska  in  1889,  and  there  were  found  a  large  per-      M.c.Erskine,  p.  i22. 
centage  of  female  seals  among  them. 


Of  those  taken  probably  four  out  of  five  are  fe- 
males. 


F.  F.  Fceny,  p.  220. 


r,  when  we 
r  that  sea- 
'n  an  aver- 


The  seals  taken  by  them  [the  C.  H.  White  and      Geonje  Fogei,  p.  421. 
the  Kate  Manning]  were  nearly  all  females. 

Have  never  killed  an  old  bull  in  my  life,  nor     ^uke  Frank, p.  204. 
have  I  seen  one  the  last  few  years. 


rfMii 


424 


RESULTS. 


Luiher 
p.  425. 


T. 


Q.  J)o  you  know  of  what  sex  the  seals  were  that  you  have  taken 

in  the  Pacific  and  IJediig  Sea? — A.  The  majority 

inankuu,  ^^  ^j^^^^^^  .^^.^  females.    Last  year  I  killed  72,  aud 

out  of  the  72  there  was  only  3  males, 
Q.  What  percentage  of  the  skins  you  have  taken  were  cows? — ^A. 
About  90  to  95  per  cent. 

Off  Cape  Flattery  there  is  hardly  a  dozen  large  males  taken  out  of 
every   thousand    large    seals  whose    skins   are 

Thoa.  Frazcr,  p.  3Go.  called  first  classj  all  the  males  taken  here  are 
small  ones. 

The  next  vessel  I  went  on  was  the  VandcrhUf.    We  did  not  enter  the 
Bering  Sea  on  that  trip  either.     We  got  about  350 
}\m.  Frazer,  p.  427.         g^,,!^^  ^^^^^.  j^jj  females. 

Q.  Do  you  know  of  what  sex  the  seals  were  that  you  have  taken  in 

,  „,  „     ,         the  Pacitic  and  Bering  Sea? — About  90  per  cent 
Edward  W.  Fancke,  p.  ^^  ^j^^^^^  ^^^^^  females. 

Q.  What  percentage  of  the  skins  you  have  taken 
were  cows? — A.  About  90  per  cent. 


428 


Jihn  Fyfe,p.  (29. 


We  caught  about  IGO  seals  before  entering  the 
sea.    Over  100  of  them  were  cows. 


■I 


And  caught  1,400  seals  on  that  voyage.    We  caught  some  a  little 
ways  from  Victf)ria,  and  on  the  way  up  to  the  Ber- 
dco.  ih-adiifp.iZZ.        ing  Sea,  but  the  most  of  them,  about  1,200,  we 
caught  in  the  Bering  Sea.    I  was  told  by  the  men 
that  they  were  nearly  all  females,  and  I  thought  so  too,  from  the  milk 
that  1  saw  in  their  breasts  when  they  were  on  the  deck.    I  saw  over  a 
hundred  little  pup  seals  taken  out  of  the  seals,  which  they  threw  over- 
board. 

W.  P.  Griffith,  p.  2G0.       To  the  best  of  his  knowledge  and  belief  about 


are  females. 


seven  of  every  ten  seals  killed  iu  pelagic  sealing 


Females  are  most  plentiful  about  the  Vancouver  coast  from  the  mid- 
dle of  May  to  the  end  of  June,  very  few  others  be- 

A,  J.  Guild,  p.  231.  ing  secured  during  that  period,  the  males  having 
mostly  gone  north  previously. 

Q.  What  sex  are  the  seals  taken  by  you  or  usually  killed  by  hunting 
vessels  in  the  IS'orth  Pacific  or  Bering  Sea? — A. 

pns.  H.  Hagman,  p.  Mostly  females.    Thebiggestpercentage,Ithink, 

^"  are  females. 

Q.  What  percentage  of  them  are  cows? — A.  I  couldn't  tell  you. 

Q.  Out  of  a  hundred  seals  that  you  would  catch  ordinarily,  what  part 
of  them  would  be  cows? — A.  I  am  under  oath,  and  I  could  not  tell  you 
exactly.    All  I  can  say  is,  the  greater  portion  of  them. 

Think  the  seals  taken  by  me  have  been  about  equally  divided  between 
females  and  males.    Have  taken  a  numl^er  of 

Henry  Haldane,  p.  281.  yearhng  seals  and  some  two  and  three  year  old 
males.    Have  never  killed  an  old  bull. 


TESTIMONY   OP   PELAGIC    SEALERS. 


425 


have  taken 
.'he  majority 
lied  72,  aud 

5  cows? — ^A. 


aken  out  of 

skins   are 

3n  here  are 


ot  enter  the 
)t  about  350 


ve  taken  in 
90  per  cent 

have taken 


ntering  the 


oine  a  little 
to  the  Ber- 
t  1,200,  we 
by  the  men 
1  the  milk 
saw  over  a 
hrew  over- 


lief  about 
fie  sealing 


n  the  mid- 
others  be- 
es having 


y  hunting 
Sea?— A. 
B,  I  think, 

you. 

rthatpart 
t  tell  you 

between 
iiniber  of 
year  old 


Q.  Of  what  sex  are  the  seals  taken  by  you  or  usually  killed  by  hunt- 
ing vessels  in  the  North  Pacific  and  Bering  Sea? — 
A.  Cows  altogether;  nothing  but  cows.     1  never      /r.  Uarmsen,  p.  442. 
caught  a  bull  in  my  life  aud  I  have  got  about 
10,000  of  them. 

Q.  Do  you  know  of  what  sex  the  seals  were  that  you  have  taken  in 
the  Pacific  and  Bering  Sea? — A.  Two-thirds  of 
them  are  females.  Wm.  Benson,  p.  483. 

Q.  What   percentage   of  the  skins  you  have 
taken  were  cows? — A.  Two-thirds,  I  should  say. 

Q.  Do  you  know  of  what  sex  the  seals  were  that  you  have  taken  in 
the  Pacific  and  Bering  Sea? — A.  The  seals  that 
I  have  taken  were  principally  females.  n^^'"^''""  '^'  ^^"•^"'«"'  ^• 

Q.  What  percentage  of  the  skins  you  have 
taken  were  cows? — A.  About  05  per  cent  of  them  were  cows. 

Q.  Of  what  sex  are  the  seals  taken  by  you  or  usually  killed  by  the 
hunting  vessels  in  the  North  Pacific  or  Bering 
Sea?— A.  Females.  Gmlave Isaacson, pAiO. 

Q.  What  percentage  of  them  are  females? — A. 
It  is  very  seldom  that  you  ever  get  hold  of  a  male. 

Q.  Of  what  sex  are  the  seals  taken  by  you  or  usually  killed  by  hunt- 
ing vessels  in  the  North  Pacific  and  Bering  Sea? — 
A.  Females,  principally.  Frank  Johnson,  p.  441. 

Q.  What  percentage  of  them?  For  instance,  if 
j'ou  kill  100  seals,  how  many  males  Avould  you  get  ? — A.  Perhaps  two. 
You  strike  a  few  bulls  when  you  get  further,  say,  towards  the  Aleu- 
tian Islands. 

My  experience  has  been  that  the  sex  of  the  seals  usually  killed  by 
hunters  employed  on  vessels  under  my  command, 
both  in  the  ocean  and  Bering  Sea,  were  cows.    I      J'as.  Kiernan,  p.  450, 
should  say  that  not  less  than  80  per  cent  of  those 
caught  each  year  were  of  that  sex. 

Q.  Do  you  know  of  what  .sex  the  seals  were  that  you  have  taken 
in  the  Pacific  and  bering  Sea?— A.  Principally      ^has.  Lutjens,p.  458. 
i^.iiales. 

Q.  What  percentage  of  the  skins  you  have  taken  were  cows? — A. 
About  00  per  cent. 

We  caught  about  400  or  500  seals  before  we  got  to  the  Bering  Sea.    I 
don't  know  the  precise  number.    They  were  bulls 
aud  females  mixed  in,  but  the  general  run  of  them      ^m.  Mdsaac,  p.  461. 
were  females. 

Q.  Of  what  sex  are  the  seals  taken  by  you  or  usually  killed  by 
hunting  vessels  in  the  North  Pacific  or  Bering 
Sea?— A.  Principally  females.  ^^Akxander  McLean,  p.. 

Q.  What  would  be  your  judgment  as  to  the  per- 
centage?   Out  of  a  hundred  that  you  kill,  how  many  of  them  would 
be  females? — A.  Say  I  would  bring  2,000  seals  in  here.    I  may  have 
probably  about  100  males;  that  is  a  large  average. 


Jlf 


VM 


fT 


II. 


ml 


W 


426 


RESULTS. 


Q.  Lots  of  times  there  are  not  nearly  as  many? — A.  No,  sir;  not  near 
as  many. 

Q.  Of  what  sex  are  the  seals  taken  by  you,  or  usually  killed  by  hunt- 
Daniel  McLean,  v.  443.  ^['S  v^ssels  ill  the  North  Pacltic  and  Bering  Seat— 

A.  Females. 
Q.  What  percentage  of  them  are  cows?  Suppose  you  catch  100  seals, 
how  many  males  would  you  have  among  them? — A.  About  10. 
The  seals  killed  by  me  were  al)out  half  males  and  half  fem.ales. 

Have  killed  but  one  old  bull  in  my  life.    I  have 
Fredk.  Mason,  p.  284.      killed  quite  a  number  of  yearling  seals,  but  never 

examined  them  as  to  sex. 

Q.  Do  you  know  of  what  sex  the  seals  were  that  you  have  taken  in 

the  Pacific  and  Bering  Sea? — A.  Mostly  females. 

Frank  Moreau,  pAG8.        Q.  What  percentage  of  the  skins  you   have 

taken  were  cows? — A.  I  should  judge  about  90 

per  cent. 


Niles  Nelson,  p.  469. 


I  can  not  giv^e  the  exact  estimate  of  the  sex,  but 
I  know  that  a  large  portion  of  them  are  females. 


We  find  pups  in  the  cow  seals  up  to  the  time  tliey  get  to  the  Pribi- 
lof  Islands  in  June,  but  when  they  come  oif  the 

miea  Nelson,  p.  470.  Pribilof  Islands  they  have  bred,  and  are  in  milk 
for  the  remainder  of  the  killing  season. 

In  going  up  the  coast  to  Unamak  Pass  we  caught  about  400  seals, 
mostly  females  with  young,  and  put  their  skins  on 
John  Olsen,  p.  471.        board  the  Danube,  an  English  steamboat,  at  Ala- 
tack  Bay,  and  after  we  got  into  the  Bering  Sea 
we  caught  220.    We  had  200  at  the  time  the  lieutenant  ordered  us  out 
of  the  sea,  the  remainder  we  caught  after. 

We  began  sealing  off  Cape  Flattery  and  captured  about  300  seals 

along  the  coast,  most  all  of  which  were  females 

Charles  Peterson,  p.  3^5.  and  yearlings.    We  did  not  capture  over  50  males, 

all  told,  on  this  voyage.    •    ♦    * 
About  90  per  cent  of  all  the  seals  we  captured  in  the  water  were 
female  seals.    We  caught  350  seals  along  the  coast,  all  of  which  were 
females  excepting  20. 

I  can  not  tell  you  from  the  appearance  of  a  seal  in  the  water  whether 

it  is  a  male  or  female,  but  most  all  of  the  seals  we 
AdolphusSayer8,p.m.    jji^p^  j^  ^jj^  ^^^g^.  ^^^.^  females. 


Showoosch,  p.  243. 


The  majority  of  seal  killed  by  me  have  been 
cows  ;  have  killed  a  few  small  males. 


Q.  Do  you  know  of  what  sex  the  seals  were  that  you  have  taken  in 

the  Bering  Sea? — A.  Females. 
GustaveSundvall,p.i80.     Q.  What  percentage  of  the  skins  you  have 

taken  were  cows? — A.  About  90 per  center  more. 

Jno.  C.  Tolman,  p.  222.      From  what  I  have  been  able  to  learn  the  ma- 
jority of  seals  taken  around  Kodiak  are  females. 


EXAMINATION  OP   CATCH   OF  VESSELS    SEIZED. 


427 


ir;  not  near 


ed  by  hunt- 
jiingiSea? — 

3h  100  seals, 

;10. 

alt"  females. 

ife.    I  have 

i,  but  never 


re  taken  in 

tly  females. 

you    have 

ere  about  90 


he  sex,  but 
e  females. 

I  tlie  Pribi- 
ome  off  the 
ire  in  milk 


t  400  seals, 
eir  skins  on 
3at,  at  Ala- 
Sering  Sea 
Bred  us  out 


it  300  seals 
ire  females 
JF  50  males, 

water  were 
vhich  were 


er  whether 
tie  seals  we 


have  been 


)  taken  in 

you  have 
I  tor  more. 

n  the  ma- 
e  females. 


In  my  conversation  with  men  eiipfagod  in  seal-hunting  in  the  open 
water  of  the  North  Pacific  and  Bering  Sen,  I  have 
not  been  able  to  get  sufficient  information  to  form      Francia  Tuttle.  p.  488. 
a  reliable  estimate  of  the  average  number  saved 
out  of  the  total  number  shot,  nor  of  the  percentage  of  females  killed. 

As  a  rule,  hunters  are  extremely  reticent  about  giving  information 
on  the  subject  to  officers  of  the  Government,  but  from  the  well  known 
fact  that  the  female  seal  is  much  more  easily  approache<l  than  the 
mtOe  and  sleeps  more  frequently  on  the  water  and  is  less  sictive  when 
carrying  her  young,  I  have  no  doubt  that  the  female  is  the  one  that 
is  being  killed  by  the  hunter. 


I  believe  the  number  they  secure  is  small  as  compared  with  the  num- 
ber they  destroy.    Were  it  males  only  that  they 
killed  tlie  damage  would  be  temporary,  but  it  is 
mostly  females  that  they  kill  in  the  open  waters. 


Daniel  Wvbsler,  p.  184. 


It  was  freely  admitted  by  the  pelagic  hunters  with  whom  I  conversed 
that  but  a  very  small  per  cent  of  their  catch  was 
males,  and  I  found  their  statements  in  this  re-  **•"■  '»^""«»"'.  !>•  su- 
spect verified  by  the  dealers  who  bought  or  handled  the  skins  and 
I)laced  them  on  the  niiuket.  They  are  known  to  the  trade  as  the 
"Northwest  Coast  catch,"  and  I  am  credibly  informed  that  a  portion  of 
the  skin  on  the  belly  of  the  female  heavy  with  pup  or  giving  suck  to 
her  young  is  worthless,  and  that  this  is  one  of  the  chief  causes  why 
they  are  sold  so  much  less  than  prime  skins  in  the  London  market.  They 
also  further  stated  that  the  two  most  profitable  periods  for  tliem  to  catch 
seal  was  in  the  spring  of  the  year,  when  the  females  were  heavy  with 
pup  and  frequently  f()un(lavsleep  on  the  water,  iind  in  the  summer,  after 
the  mother  seal  had  given  birth  to  her  young  and  gone  out  into  the 
sea  to  feed,  at  which  time  she  was  easily  approached. 


We  shot  mostly  females. 


Geo.  Zammitt,  p.  507. 


I  never  paid  any  particular  attention  as  to  the  exact  number  of  or 
proportion  of  each  sex  killed  in  the  Bering  Sea, 
but  I  do  know  that  the  larger  portion  of  them 
were  females,  and  were  mothers  giving  milk. 


Michael  White,  p.  490. 


DESTRUCTION  OF  FEMALE  SEALS. 

EXAMINATION  OF  CATCH  OF  VESSELS  SEIZED. 

Page  206  of  The  Case. 

About  seven  years  since  I  was  on  the  revenue  cutter  Cortcin  when 
she  seized  the  sealing  schooner  San  Diego  in  Ber- 
ing Sea.  On  the  schooner's  deck  were  found  the  •'"*•  ^-  Oo,ujla»s,p.  420. 
bodies  of  some  twenty  seals  that  had  recently  been  killed.  An  exami- 
nation of  the  bodies  disclosed  that  all  of  them,  with  but  a  single  ex- 
ception, were  females,  and  had  their  young  inside  or  were  giving  suck 
to  their  young. 

Out  of  some  500  or  600  skins  on  board  I  only  found  some  5  of  the 
number  that  were  taken  from  males.  I  have  also  been  present  at  nu- 
merous other  seizures  of  sealing  vessels,  some  eighteen  in  number,  and 
among  the  several  thousand  skins  seized  I  found  on  examination  that 


'if 


M 


'■ 


428 


RESULTS. 


they  were  almost  invariably  those  of  femalos.  There  certainly  was 
not  a  larger  i)roportiou  of  males  than  live  to  the  hundred  skins.  This 
great  slaughter  of  mother  seals  certainly  means  a  speedy  destruction 
to  seal  life. 

While  in  Unalaska  in  September,  1891,  awaiting  transportation 
to  San  Francisco,  I  had  an  opportunity  to  ex- 

j.W.  Lavender,  p.  265.  mniue  personally  the  catch  of  the  steam  sloop 
Challenge,  which  had  been  warned  out  of  the  sea,  and  was  undergoing 
rei)airs  at  the  harbor  named.  The  catch  amounted  to  172  skins,  which 
were  all  taken  in  Bering  Sea  at  various  distances  from  the  seal  islands, 
and  of  this  number  only  three  were  those  of  male  seals,  one  of  these 
being  an  old  bull,  and  the  other  two  being  younger  males. 

In  July,  1887, 1  captured  the  poaching  schooner  Angel  Dolly  while 
she  was  hovering  about  the  islands.    I  exawiined 
A.  P.  Loud,  p.  39.         the  seal  skins  she  had  on  board,  and  about  80  i)er 
cent  were  skins  of  females.    In  1888  or  1889  I  ex- 
amined something  like  5,000  skins  at  Unalaska  which  had  been  taken 
from  schooners  engaged  in  pelagic  sealing  in  Bering  Sea,  and  at  least 
80  to  85  per  cent  were  skins  of  females. 

In  1891  the  schooner  J.  H.  Lewis  was  caught  near  the  islands  by  the 
Russian  gunboat  Aleut  and  found  to  have  410 

i97"{^Comm^anX"/«?awd8)  ^^""^  ^^  board.    I  made  a  personal  examination 
^  "  of  these  skins,  and  found  that  from  90  to  95  per 

cent  were  those  of  female  seals.  I  called  the  attention  of  the  English 
commissioners.  Sir  George  Baden-Powell  and  Dr.  G.  M.  Dawson,  to 
this  fact  when  they  visited  the  islands  in  1891,  showing  them  the  skins. 
I  opened  a  few  bundles  of  the  skins  for  their  inspection  and  offered  to 
show  all  of  them,  but  they  said  they  were  satisfied  without  looking  at 
any  more  than  those  already  opened.  I  remember  that  a  schooner 
from  Victoria  was  also  seized  at  the  islands  about  three  years  ago  by 
the  Russian  authorities  with  33  skins  on  board,  which  were  nearly  all 
taken  from  female  seals. 

And  (2)  because  I  have  personally  inspected  skins  taken  upon  the 
three  schooners  Onicard,  Caroline,  and  Thornton, 
T.  F.  Morgan,  p.  64.  which  skins  taken  in  Bering  Sea  were  landed  in 
Unalaska  and  were  then  personally  inspected  by 
me  in  the  month  of  May,  1887.  The  total  number  of  skins  so  examined 
by  me  was  about  2,000,  and  of  that  number  at  least  80  per  cent  were 
the  skins  of  females.  I  have  also  examined  the  skins  taken  by  the 
United  States  revenue  cutter  Rush  from  one  of  the  North  Pacific  Is- 
lands, where  they  had  been  deposited  by  what  is  known  as  a  poaching 
schooner  and  taken  to  Unalaska,  which  numbered  about  400  skins,  and 
of  that  400  skins  at  least  80  per  cent  were  the  skins  of  female  seals.  I 
have  also  examined  the  skins  seized  from  the  James  Hamilton  Lewis  in 
the  year  1891,  by  the  Russian  gunboat  Aleut,  numbering  416,  of  which 
at  least  90  per  cent  were  the  skins  of  female  seals,  and  from  my  long 
observation  of  seals  and  seal  skins,  I  am  able  to  tell  the  difference  be- 
tween the  skin  of  a  male  and  the  skin  of  a  female  seal. 


I  examined  the  skins  taken  from  sealing  vessels  seized  in  1887  and 
1889,  over  12,000  skins,  and  of  those  at  least  two- 
thirds  or  three-fourths  were  the  skins  of  females. 


X.  &.  Shepard,  p.  189. 


ertainly  was 

Hkins.    This 

destruction 


msportation 
unity  to  ex- 
}team  sloop 
undergoing 
skins,  which 
seal  islands, 
me  of  these 


Dolly  while 
I  exai.iined 
,bout  80  per 
ir  1889  I  ex- 
been  taken 
and  at  least 


ands  by  the 
0  have  41G 
ixaniination 
)0  to  m  per 
the  English 
Dawson,  to 
n  the  skins, 
d  offered  to 
i  looking  at 
a  schooner 
Jars  ago  by 
)  nearly  all 


1  upon  the 
I  Thornton, 
3  landed  in 
spected  by 
)  examined 
'  cent  were 
ken  by  the 
Pacific  Is- 
1  poaching 
skins,  and 
le  seals.  I 
m  Lewis  in 
i,  of  which 
n  my  long 
ference  be- 


L  1887  and 

least  two- 

)f  females. 


DESTRUCTION   OP   PREGNANT   FEMALES.  429 

DESTRUCTION  OF  PREGNANT  FEMALES. 

Pajjo  207  of  The  Case. 

We  caught  about  185  seals,  mostly  fernales  in     Chas.  midair,  p.  400. 
young,  and  we  killed  them  while  they  were  aslcejj 
on  the  water. 

Most   of  the  seal  killed  by  me  have  been  fe-     Akatoo,  p.  237. 
males  with  pup. 

A  large  majority  of  seal  taken  on  the  roast  and  in  Boring  Sea  are 
cows,  with  pup  in  the  Pacific  Ocean  and  with  milk 
in  Bering  Sea.    A  few  young  male  seal  are  taken      ^V^er  Andimott,  p.  313. 
in  the  North  Pacific  Ocean  from  2  to  3  years  old. 
Have  never  taken  an  old  bull  in  the  North  Piuifli;  Ocean  in  my  life. 
A  few  yearlings  have  been  taken  by  me,  but  not  many. 

We  sealed  along  the  coast  and  captured  154;     il.  JndriduH,  p.  3U. 
most  all  of  them  were  pregnant  females. 

About  90  per  cent  of  those  saved  are  females,     Chaa.  Avay,  p.  218. 
and  the  greater  number  with  young. 

Most  all  seal  that  I  have  killed  have  been  pregnant  cows.    Have 
taken  a  few  male  seals  from  1  to  4  years  old,  I      j^„,„  a,„.„i„.  ,.  9-.r 
think.    Have  never  killed  an  old  bull. 

Q.  What  percentage  of  the  cows  you  have  taken  were  with  pup? — 
A.  About  99  per  cent  of  the  cows  taken  were  with 
pup ;  there  may  be  one  in  a  hundred  that  is  either     Oeo.  Ball,  p.  482. 
without  pup  or  has  had  one. 

Most  all  the  seals  taken  are  females  with  pup.     Johnny  BaionovUch,p. 

276. 

Most  of  the  sctls  taken  by  me  have  been  female  with  pup.    Never 
killed  but  one  old  bull  in  my  life.    1  have  killed  a 
good  mauy  small  bulls  and  a  great  many  yearling     Maurice  Bates,  p.  277. 
seals,  but  never  examined  the  latter  as  to  sex. 

Seventy-five  per  cent  of  the  seal  taken  on  the     Martin  Benson,  p.  405. 
coast  are  cows  with  pup. 

We  left  Port  Townseud  in  May  and  sealed  south  to  Cape  Flattery  and 
then  went  north  along  the  coast  until  we  came  to 
Uuimak  Pass,  and  captured  from  three  to  four     Bernhardt  Bleidner,  p. 
hundred  seals.    Most  all  were  females  and  had  315. 
pups  in  them.    I  think  fully  two-thirds  of  all  we 
caught  were  females,  and  a  few  were  bulls.  *  *  * 

We  secured  500  skins  along  the  coast,  most  all  of  which  were  preg- 
nant females. 

I  have  never  killed  any  full  grown  cows  on  the  coast  that  did  not 
have  pups  in  them,  and  I  have  hunted  all  the  way     £^„„.,a         376. 
from  the  Columbia  liiver  to  Barclay  Sound. 


m 


ITT 


430 


RESULTS. 


Wo  left  Victoria  about  May,  going  nortli,  arid  sealed  all  the  way  to 
the  Bering  Sea.     We  had  about  Hixty  before  en- 
Tho8.  Bradley,  p.  406.  lering  the  Heriiig  Sea,  nearly  all  of  which  were 
females  with  young  pups  in  tiieni. 

The  seal  captured  by  us  along  the  coast  in  1800  were  all  gravid  fe- 

Ueiiru  Jirown  p  317    "'"'♦^'^-    ^  •'<'  ""^^  kuow  tlic  sex  of  those  taken  by 
'  ^  ■      *  our  Indians  on  the  coast  in  that  year. 

Henry  lirown,  p.  318.      Our  last  catch  of  seals  on  the  coast  were  almost 
exclusively  gravid  females. 

I  think  more  than  one  half  the  seals  caught  on  the  coast  are  cows 
that  have  ])ui)s  in  them.     Cows  cau/vlit  in  the  lat- 
Peler  Jirown,  p.  377.    ter  part  of  May  and  June  have,  bh.ck  jmps  iu 
them,  which  we  sometimes  cut  out  and  skin. 

• 

Most  all  the  seals  that  we  shot  and  secured  were  females  and  had 
Thoa.  Brown  {No.  1)  p.  y^^'^S  Pups  in  them,  and  we  would  sometimes 

319.         '  •         >      •      gj^jjj   (;lje,j^  «        *         • 

Commenced  sealing   off  Cape  Flattery  and  all 
the  seals  which  we  caught  were  pregnant  females. 

We  had  250  seals  before  entering  the  sea,  the  largest  percentage  ot 

/■  V      \    ^^'^^'c'*  were  females,  most  of  them  having  young 

p  406*'        '^"  P"'^^  "^  them.    I  saw  some  of  the  young  pups 

taken  out  of  them. 


I 


On  my  last  sealing  cruise  this  spring  we  caught  five  seals;  two  of 
them  were  females  and  had  pups  in  them;  three 
Landia  Callapa,  p.  379.  of  them  were  young  and  smaller  seals  and  had 
black  whiskers.    None  but  full  ^rown  cows  have 
white  whiskers,  but  young  cows  and  young  bulls  have  black  whiskers. 
About  half  of  all  the  seals  captured  along  the  coast  have  white  whis- 
kers, and  Jire  cows  with  pups  in  them.    Most  all  full  grown  cows  that 
are  caught  have  pups  in  them.    Once,  late  in  the  season,  I  caught  a 
full-grown  barren  cow  with  white  whiskers. 


Majority  of  seals  taken  are  females  witii  young.  We  caught  a  large 
^.  ^  .  „  „.-  number  of  pups  in  the  early  part  of  the  season. 
chaa.  Campbell,  p.  2o6.  j^j^j  j,^j^  ^^^^^  particular  notice  of  the  sex. 

Jno.  C.  Cantwen,p.i(n.      And  that  75  per  cent  of  seals  shot  in  the  North 
Pacific  Ocean  are  females  heavy  with  young. 

About  85  per  cent  of  my  catch  of  seals  along  the  coast  of  the  North 
Pacific  were  females,  and  most  all  of  them  were 

Jaa.  L.  Cartheut,  p.  409.  COWS  in  pup,  and  I  used  to  kill  most  of  them  while 
asleep  on  the  water. 

Chas.  Challall,  p.  411.      Most  of  the  seals  we  killed  going  up  the  coast 
were  females  heavy  with  pup.    I  think  9  out  of 
every  10  were  females. 


11  the  way  to 
;ty  before  eii- 
f  which  wore 


all  gravid  fe- 
lose  taken  by 
r. 

t  were  almost 


r>ast  are  cows 
lit  in  the  lat- 
li.ck  jmpH  iu 
lid  skill. 

ales  and  had 
id  sometimes 

ittery  and  all 


percentage  ot 

aving  young 

young  pups 


seals;  two  of 
them;  three 
eals  and  had 
^n  cows  have 
ick  whiskers. 
3  white  whis- 
vn  cows  that 
u,  I  caught  a 


lught  a  large 
f  the  season. 
» sex. 

in  the  North 


of  the  North 
)f  them  were 
)f  them  while 


up  the  coast 
link  9  out  of 


DK.STRUCTION   OF   PItKGNANT   TliMALES. 


431 


Not  quite  half  of  all  seals  caught  along  the  coast  are  cows  with  pups 
ill  them.    About  half  are  young  seals,  both  male 
and  female,  and  the  rest  (a  Hiiiall  number)  are      Charlie,  p.  305. 
medium-si/ed  males.     We  never  get  any  old  bulls 
worth  speaking  of,  and  we  do  not  catch  as  many  gray  ]»ups  now  as 
lornierly.    Ilavo  not  caught  any  gray  i>ups  this  year.     Do  not  know 
what  has  become  of  them.     lEave  never  caught  any  full  grown  <'ows 
without  pups  in  them^  and  have  never  caught  any  cows  iu  milk  along 
the  coast. 


fe- 


Simeon  Ckin-koo-ton,  p. 
250. 


Most  of  the  seals  killed  by  mo  have  been 
males  with  young.    •    •    • 

The  few  male  seals  taken  by  me  I  do  not  know  their  ages.  (Juite 
a  number  of  yearlings  are  taken,  the  majority  of  which  are  females; 
have  taken  a  few  bulls  in  my  life. 


Of  those  secured,  the  larger  part  by  far  were  fe- 
males, and  the  majority  of  these  were  pregnant 
cows. 


'Tulim  Chriutiamen,  p. 
21U. 


Most  of  the  seals  taken  by  me  have  been  females  with  young.    A 
few  male  seals  have  been  taken  by  me,  their  ages 
ranging  from  one  to  ttve  years  old.    Killed  three     l'*:ter  Church,  ju  257. 
large  bulls  during  my  life. 

A  great  many  years  ago  we  used  to  catch  about  one-half  cows  and 
one-half  young  seals.    I  never  caught  any  seals 
along  the  coast  that  had  given  birth  to  their     Circus  Jim,  p.  380. 
young  and  that  had  milk   in    their  breasts.    I 
never  captured  any  barren  cows.    *    *    •    And  we  secured  ten  seals 
iu  all,  five  of  which  had  pups  iu  them.    I  know  this  because  I  saw  tlie 
pups  when  we  cut  the  carcasses  open.    »    •    •    The  other  five  seals 
Avere  smaller  and  probably  male  and  female. 

When  sealing  along  the  coast  it  is  seldom  that  I  have  seen  or  cap- 
tured an  old  bull.  I  have  caught  quite  a  large  ,  .„  ,  , 
number  of  gray  pups  or  yearlings,  and  they  are  .^^^  ^'''^''""''"'''  P' 
about  equally  male  and  female.  About  one-half 
of  all  seals  that  I  have  caught  in  the  strait  or  on  the  coast  were  full- 
grown  cows  with  pups  in  them,  and  I  have  never  caught  a  full-grown 
barren  cow,  nor  one  that  had  given  birth  to  her  young,  and  was  iu  milk. 

About  half  the  seals  killed  by  me  have  been  cows  with  pup.    I  never 
shot  but  two  old  bulls  in  my  life.    Have  shot  a 
few  yearling  seals.    The  young  male  seals  1  have      William  Clark, p.293. 
killed  were  between  two  and  three  years  old,  I 
think. 

The  seals  we  catch  along  the  coast  are  nearly  all  pregnant  females. 
It  is  seldom  we  capture  an  old  bull,  and  what 
males  we  get  are  usually  young  ones.    I  have  fre-      Christ  Clausen,  p.  320. 
quently  seen  cow  seals  cut  open  and  the  unborn 
pups  cut  out  of  them  and  they  would  live  for  several  days.    This  is  a 
frequent  occuireuce. 


ill 


f  i 


n 


ft  'ri  'tr* 


^4'M 


432 


UKSULTS. 


Daniel  Cla„..en, p.  iU.    ,  ^'  ^^Imt    IKMWntajJO    of    tll«    roW8    .V<)U    ll.lVO 

taken  were  with  pup? — A.  About  <0  jwr  e»Mit. 


i'«(«r  Collin*,  p.  413. 


Fully  tlirocfourtliH  of  tlio  Realw  shot,  m   tho 
North  Pacilic  were  females  with  youiijj. 


Wo  sailed  up  along  the  coast  toward  Hering  Sea  and  captured  five 

seals,  all  beinp;  };ravi<l  fenuiles.    I  noticed  these 

LoitiH  Culler, p. 321.       seals  paiti(!ularly,  In-canse  there  were  but  few  of 

them.     1  kept  a  memorandum  of  the  transactions 

of  the  voyage,  and  noted  in  my  book  the  number  of  seals  taken  and 

their  sex. 

Majority  of  seals  taken  are  cows  with  pup.    Once  in  a  while  wo 
Charlie  Dahtlin.v.'m.  K''^«  ""  ^^'^  ^""-    '^  ^"^'^^  yearlings  are  taken 


also. 


From  75  per  cent  t<i  80  per  cent  of  all  the  seals  taken  were  mothers 
in  young,  and  when  cut  open  on  deck  we  found 
Jai.  Dalgavduo,  j>.364.  the  young  within  them. 


John  Dalton,  p.  417. 


We  had  between  KHhmd  300  seals  before  enter- 
ing  the  sesi.    Most  all  them  were  females  with 
pups  in  them. 


Of  the  seals  that  were  caught  oft"  the  coast  fully  90  out  .['every  100 
had  young  pups  in  theuj.    The  boats  would  bring 
Alfcrd  Dardcan,p.  322.the  seals  killed  ou  board  the  vessel  and  we  would 
take  the  yonng  pups  out  and  skin  them.    If  the 
pup  is  a  good,  nice  one,  we  would  skii:  it  and  keep  it  for  ourselves.    I 
had  eight  such  skins  myself.    Four  out  of  five,  if  caught  in  May  or  June, 
would  be  alive  when  we  cut  them  out  of  the  mothers.    One  of  them  we 
kept  forpietty  near  three  weeks  alive  on  deck  by  feeding  it  on  con- 
densed milk.  One  of  the  men  Anally  killed  it  because  it  cried  so  pitifully. 

In  all  of  my  experience  in  sealing  on  this  coast  I  have  killed  but  one 
cow  seal  that  had  milk  in  her  breast,  and  that  had 
Frank  Davis,  p.  383.      given  birth  to  her  pup.    I  do  not  know  what  be- 
came of  the  pup.    I  i.ave  killed  a  very  few  barren 
cows  .along  the  coast.    Nearly  all  of  the  full  grown  cows  along  the  coast 
have  pups  in  thf  m. 

Most  of  the     mis   caught  on  the  coast  are  females  with  pups  in 
Jeff  Davis,  p.  38".  them,  the  balance  are  mostly  young  seals,  both 

male  and  female. 

We  sealed  fro  San  Francisco  to  Queen  Charlotte  Island,  and  caught 
between  500  and  000  seals,  nearly  all  females 

Joseph  Dennis,  j  418.  heavy  with  young.  I  have  seen  a  live  young  pup 
taken  out  of  its  mother  and  kept  alive  for  three 
or  four  days.    We  sealed  from  10  to  120  miles  oft'  the  coast. 

A  large  proportion  of  all  seals  taken  are  females  with  pup.    A  very 

few  yearlings  are  taken.    Never  examine  them  as 

George  Dishow,p.  323.    to  sex.    But  very  few  old  bulls  are  taken,  but  five 

being  taken  out  of  a  total  of  900  seals  taken  by  my 

schooner. 


DESTKICTION    OF    rUKOXANT    FKMAI-KS. 


433 


II  I  '   rt 


8  yoti  liiivo 
juir  t«iit. 

Hhot.  Ill   tho 

ipturftd  five 
)tice«l  tlies« 
i  but  few  of 
transiictioiis 
Im  tukeii  aud 


1  a  while  wo 
I  are  taken 


ere  motliers 
k  we  fuuud 


)efore  enter- 
'males  with 


'f  every  100 

would  brinff 

d  we  would 

em.    If  the 

Lirselves.     I 

ay  or  June, 

of  them  we 

it  on  coii- 

80  pitifully. 

led  but  one 
id  that  had 

►w  what  be- 
few  barren 

ig  the  coast 


fch  pups  in 
seals,  both 


and caught 
ill  females 
young  pup 
B  for  thi'ee 


3.  A  very 
ne  them  as 
5u,  but  Ave 
iken  by  my 


We  left  Victoria  the  laiter  end  of  .Tiinuary,  and  went  south  to  Cajio 
Jilanco,  sealing  ai-ound  there  two  or  three  months, 

when  we  started  mtrth  to  the  Ueriiig  Sea,  sealing      Hichnnl  holnn.  p.  418. 
all  the  way  up.     We  had  between  L'OO  and  .'{00 
seals  before  entei  iiig  the  sea,  a  great  many  of  tliem  being  females  with 
pups  in  them. 

My  information  and  observation  is  that  a  v((iy  larg<!  proportion  of 
those  killed  along  the  «'oast  and  at  scsi  from  Ore- 
gon to  the  Alv'Utiaii  islands  are  female  seals  with  ,.,;/"*•   "'  ■^<'«I''<'«»,  P- 
pups;  1  think  not  les.s  tiian  1>."»  i)er  cent. 

The  Indians  left  their  homes  in  Man^h  and  nMuained  away  until  May. 
Their  hunting  lodges  were  on  sonn'  small  island.s 
outside  of  Dundas  Island.     From  what  they  tell       ll'm.  Duncan, p. '^'J. 
me  the  majority  of  seals  taken  by  them  have  been 
females  with  young. 

I  have  caught  0  seals  this  year  .5  of  which  had 
pupa  in  them;  tho  small  ones  did  not  have  jMips      F.Unhmh^p.  say 
HI  them.    *     •    • 

In  the  months  of  January  and  February  tlie  pui)s  in  the  cows  are  so 
small  that  you  wil'  not  notice  them  unless  you  cut  the  belly  open.  All 
full-grown  cows  luat  I  have  kilh'd  along  the  coast  had  pups  in  them, 
and  have  never  killed  but  one  that  had  giv«m  birtli  to  tlieir  young  ami 
were  in  milk,  and  have  no  recollection  of  having  killed  a  barn-n  cow. 
The  younger  ones  do  not  have  pups  in  thcni,  and  are  about  one-half 
mah  and  one-half  female. 

We  went  north  to  tho  Bering  Sea,  scaling  sill  the  Avay  up,  and  got 
110  seals  jefore  entering  the  sea.     Most  of  tliem 
were  cows,  nearly  all  of  which  had  i)ups  in  them.      Ovo.  I'airdiUd,  j),  i'2Z. 
We  took  some  of  the  pups  alive  out  ot  tho  bodies 
of  the  females. 

Most  all  of  the  females  takeu  are  with  young,  or     F.  F.  Fvcny,  p.  220. 
mothers. 

There  were  cow  seals  with  pup  among  the  seals  that  I  have  taken, 
but  I  don't  know  how  many.    1  have  never  taken      ri,:..f  h\.^.,i-  ,.  oan 
au  old  bull  m  my  lite. 

I  think  the  seals  taken  by  me  are  about  half  females  with  pup,  and 
the  rest  are  one  and  two  year  old  males  and  year-      ^^^^.^  Frank  d  '"Ji 
lings;  never  examined  the  yearlings  as  to  sex.  >     -    • 

Q.  What  percentage  of  the  cows  you  nave  taken  were  with  pup? — 
A.  All  that  are  killed  in  the  Pacific  are    with 
pup,  and  those  that  are  killed  in  the  Bering  Sea  ^J'"^''^''  ^'-  Franklin,  j>. 
have  been  delivered  of  pups  on  the  islands  aud  are 
with  milk. 


Q.  In  your  experience,  while  you  were  hunting  seals,  nearly  all  the 
seals  that  you  killed  were  cows  and  nearly  all 
had  pups?— A.  Nearly  all  the  cows  that  were  ^ge.     ^"^  ^- ^''■""^'•"'^• 
killed  in  the  racific  were  with  i)ui),  aud  couse- 
28  BS 


iM 


434 


RESULTS. 


^ 


queiitly  tlic  pups  were  all  killed.    As  I  said  bef(»re,  out  of  72  seals  tliat 
1  killed,  there  were  only  13  males. 

Q.  What  percentage  of   the  cows  you  have 
Edward  W.  Funcke,  p.  ^r^]^^,^^  ^^^^.^  ^j^-j^  pup?— A.  About  CO  per  cent 

were  Avith  pup. 

Most  all  the  seals  taken  by  me  were  females  with  pup.    Most  of  the 

seals  killed  in  Bering  Sea  have  been  cows  with 

Chad  George,  p.  3G5.      milk,    llave  never  taken  a  bull  seal  off  the  coast 

of  Washington,  but  have  taken  a  few  further 

north.    A  few  young  males  are  taken  off  the  coast  of  Washington. 

I  did  not  i)ay  much*  attention  to  the  sex  of  seals  we  killed  in  the 

North  Pacific,  but  know  that  a  great  many  of 

Tlios.  Gibson,  pA32.      them  were  cows  that  had  i)ups  in  them,  and  we 

killed  most  of  them  while  they  were  asleep  ou  the 

water. 

Most  of  the  seals  killed  are  cows  with  pup.  A  few  males  are  killed 
averaging  from  1  to  4  years  old.     Have  killed  but 

Jas.  GoHdowen,p.  259.  one  old  bull  in  my  life.  A  few  yearlings  are  taken, 
the  majority  of  which  are  females. 

Nicoli  Gregoroffet  al.,      Very  few  females  taken  in  this  region  but  are 
P'  234.  pregnant. 

We  captured  03  seals,  all  of  which  were  females,  and  all  were  preg- 
nant.     With  regard  to  pregnancy,  I  may  note 
E.M.Greeiileaf,p.32i.  that  the  seals  taken  oft"  the  coast  of  Vancouver 
Island  were  not  so  far  advanced  as  those  taken 
farther  north.    *    •    • 

I  am  acquainted  with  the  hunters  and  masters  who  sail  from  this 
port,  and  board  all  incoming  and  outgoing  vessels  of  that  class.  These 
jnen  all  acknowledge  that  nearly  all  the  seals  taken  off'  the  Pacific 
coast  are  females,  and  that  they  are  nearly  all  with  young. 

We  began  sealing  off  the  northern  coast  of  California  and  followed 

the  sealing  herd  northward,  capturing  about  700 

Arthur  Griffin,  p.  325.  seals  in  the  North  Pacific  Ocean,  two-thirds  of 

whicii  were  i'cmales  with  i)up;  the  balance  were 

young  seals,  both  male  and  female.     We  captured  between  900  and 

1,000  on  the  coast,  most  all  of  which  were  females  with  pups. 


About  nine  out  of  ten  seal  killed  in  a  season  are  females  with  pup. 
But  a  very  few  males  were  taken,  their  ages  rang- 
ing from  1  to  4  years.  But  one  old  bull  was  taken 
in  the  season. 


Jae.  Griffin,  p.  433. 


Jo$  Grymea,  p.  434. 


The  catch  was  mostly  females.  Those  wo  got 
in  the  North  Pacific  were  females  in  imp,  and  those 
taken  in  the  Bering  Sea  were  cows  giving  milk. 


i\m.\ 


Of  the  skins  taken  in  this  region  fully  nine-tenths  are  pregnant  and 
milking  females,  but  I  never  saw  a  young  pup  in 

A.  J.  Ouild,  p.  231. .  the  water.  Large  bulls  were  never  takeu,  their 
skins  being  practically  valueless. 


72  seals  that 


's  you  have 
(iO  per  cent 


Most  of  the 
m  cows  with 
off  the  coast 
lew  further 
Iniigtou. 

dlled  in  the 
eat  many  of 
lieni,  and  we 
I  sleep  on  the 


is  arc  killed 
ro.  Ivilled  but 
^s  are  taken, 

ion  but  are 


1  were  preg- 

I  njfiy  note 

VancouvxT 

those  taken 

il  from  this 
ass.  These 
the  Pacific 


id  followed 
g  about  700 
^o-thirds  of 
ilance  were 
m  900  and 

[)S. 

s  with  pup. 

ages  rang- 

l  was  taken 


ose  we  got 

»,  and  those 
iving  milk. 

)gnant  and 
ing  pup  in 
ikeu,  their 


DESTRUCTION  OF  PREGNANT  FEMALES. 


435 


Q.  What  percentage  of  the  cows  are  taken  with  pup? — A.  All  the 
large  rues  have-all  the  grown  females  have.  cha».n.Hagman,p.m. 
Very  seldom  you  find  a  barren  one. 

A  large  majority  of  seals  taken  .are  females  with  young.    Only  two 
old  bulls  were  taken  by  mo  last  year  out  of  the 
100  seals  taken.     Bnt  very  few  yearlings  are     Martin  HaHnon,^.  ii5. 
taken.    Paid  no  attention  to  sex.    A  few  male 
seals  are  taken  between  two  and  four  years  old,  I  think. 


Q.  What  percentage  of  the  cows  taken  are  with  pups? 
safely  say  about  four-fifths  of  them.    You  get 
about  800  out  of  1,000  seals. 


A.  You  can 

H.  lIaimsen,pAi'2, 


We  commenced  sealing  right  off  the  coast;  went  as  far  south  as  the 
California  coast  and  then  hunted  north  to  the  west 
coast  of  Vancouver  Islands;  caught  r>00  skins  dur-      Jan-  Ifcniaon,  p.  326. 
ing  the  season;  almost  all  of  them  were  pregnant 
females;  out  of  a  hundred  seals  taken  about  90  per  cent  would  be  fe- 
males with  young  pups  in  them. 


I  am  told  the  white  hunter  kills  mostly  cow  seal 
with  pup. 


Sam  TIayU;aUna,p.  240. 


I  have  often  conversed  with  masters,  seamen,  and  hunters  engaged 
in  huntingthe  fur  seals,  and  their  stateinents  to  me 
have  always  been  that  the  cai)ture  of  a  male  seal     J-  M.  Hays,  p.  27. 
was  a  rarity;  that  nearly  all  of  their  cati^h  were  cow 
seals  heavy  with  young,  or  those  who  had  given  birth  to  their  young 
on  the  islands,  and  gone  out  to  the  tishine:  bank  to  feed,  and  that  they 
lose  a  large  proportion  of  those  killed  and  wounded. 


Q.  What  percentage  of  thecows  you  have  taken 
were  with  pup? — A.  At  least  CO  per  cent  were 
with  pup. 


Wm.  IIenson,2>.  483. 


Of  the  seals  secured  in  a  season  fully  70  per  cent  are  females,  and  of 
these  more  than  00  per  cent  are  pregnant  and 
milking  cows     The  males  taken  are  about  equally    Xormau  ilod(json,p.  3G7. 
divided  in  numbers  between  yearlings  and  bache- 
lors from  the  ages  of  2  to  5  years;  bulls  are  seldom  shot. 


Q.  What  percentage  of  the  cows  you  have  taken  were  with  pup?— 
A.  About  the  same  amount  [about  95  per  cent] 
were  with  pup. 


And.  J,  Uoffman,  p.  44G. 


Most  all   seals   taken  are   females   with   young.    •    •    •    A  few 
male  seal  are  taken.    I  would  say  they  jire  gen- 
erally 3  or  4  years  old.    A  few  yearlings  are      E.Uofatad, p.  2G0. 
killed,  mostly  females.    About  five  bull  seal  are 
killed  out  of  every  hundred  taken. 

About  one-half  of  those  caught  along  the  coast  were  full  grown  cows 
with  pups  in  them ;  a  few  were  medium-sized  males, 
and  the  rest  were  younger  seals  of  both  sexes.    I     Alfred  Irving, p.  380, 
have  never  caught  a  full-grown  cow  n\  the  straits 
or  along  the  coast  that  did  not  have  apuj)  in  her. 


i  'J  1 


436 


RESULTS. 


Q.  What  percentage  of  the  cows  taken  are  with  pup? — A.  In  the 
early  part  of  the  season,  up  to  June,  all  the  fuU- 

Gustave  Isaicaon,  p.    grown  COWS  are  with  pup. 
^^^'  Q.  Did  you  ever  kill  any  cows  whose  young  were 

born,  and  were  giving  milk? — A.  That  1  don't  remember  taking  notice 
of.    1  can  not  answer  that  question. 

I  have  hunted  seals  in  the  Straits  of  San  Juan  de  Fuca,  forty  or  fifty 
miles  off  Cape  Flattery,  until  about  seven  years 


Ishka,p.387. 


ago;   since  then  I  have  frequently  gone  as  far 


south  as  the  Columbia  Eiver  and  to  the  north- 
ward to  the  far  end  of  Vancouver  Island,  and  fully  one-half  of  the  seals 
we  catch  are  cows  with  young  in  them.  I  have  been  out  sealing  once 
this  year  and  we  captured  three  seals,  one  of  which,  in  dividing  them 
up,  became  mine.  The  one  I  got  was  a  full-grown  cow  with  a  pup  in 
it.  In  the  months  of  January  and  February  the  pups  in  the  cows  are 
so  small  that  one  will  not  notice  whether  the  cow  is  pregnant  or  not 
unless  he  cuts  her  open,  but  later  on  in  the  season  it  may  be  observed 
without  cutting  them  open. 


The  female  seals  go  through  the  passes  from  the  Pacific  Ocean  into 
Bering  Sea  between  June  2oth  and  July  15th. 

Victor  JacoJ)8on, p.  32S.  Females  killed  previous  to  this  time  I  found  with 
pups,  but  none  with  pups  after  that  latter  date. 


I' 


V: 


M\l:^: 


We  began  to  seal  when  about  20  miles  off  Cape  Flattery.    We  worked 

toward  the  northwest  and  captured  between  GO 

James  Jamieson, p.  329.  and  100  seals  on  the  coast,  about  two-thirds  of 

which  were  females,  with  pnp;  the  balance  were 

yearlings  consisting  of  male  and  female;  after  Avhich  we  ran  into  Bar- 

<;lay  Sound  for  supplies,  from  which  place  we  worked  to  the  northward 

toward  the  Bering  Sea.    AVe  captilred  about  80  seals  while  en  route  to 

the  sea;  about  two-thirds  of  these  were  females,  with  pup,  the  balrjice 

being  yearlings  about  one-half  male  and  one-half  female. 

We  began  sealing  off  Barclay  Sound  and  caught  three  skins  only,  all 

of  which  wer3  females  with  i)up.    *    *    » 

In  hunting  along  the  coast,  I  think  about  80  per  cent  of  those  we 

caught  were  leuniles,  and  most  of  tliem  were  carry- 

James  Jamieson,  p.  330.  ing  their  young.    We  seldom  caught  any  old  bulls 

but  caught  a  tew  of  the  younger  males.    I  have 

seen  the  unborn  young  cut  out  of  the  mother  seal  and  live  for  a  week 

without  food.    We  used  to  skin  some,  but  threw  most  of  them  overboard. 

Q.  What  percentage  of  the  cows  that  you  kill  «ire  with  pnp? — A. 
That  is  pretty  hard  for  me  to  estimate.    Many 
rranl-  Johisoti,  p.  441.    ^jj^gg  y^n  strike  young  seals  without  pup. 

Q.  Tiie  adult  females  are  all  witli  pup? — A.  Yes,  sir;  I  have  found  a 
good  many  old  ones  that  are  too  old  to  have  pups,  extra  big  size  seals. 

A  large  majority  of  the  seal  taken  on  the  coast  are  cows  with  pup. 

A  few  young  males  tare  tsiken,  the  ages  ranging 
J.  Johnson, p.  331.         from  1  to  5  years.    Once  in  a  while  an  old  bull 

is  taken  in  the  If  orth  Taciflc  Ocean. 


DESTRUCTION  OP  PREGNANT  FEMALES. 


437 


—A.  In  the 
all  the  fuU- 


Most  of  the  seals  taken  are  females  with  pnp.     ,^i.  r^,...„„„  „  „qo 
f^         .  ,  .,  1  1  T,    11  •     1  -n   J  Jack  Johnson,  p.  282. 

Once  in  a  while  an  old  bull  is  killed. 


young  were 
iking  notice 


Forty  or  fifty 
seven  years 
»one  as  far 
0  the  north- 
■  of  the  seals 
ealing  once 
i^idiug  them 
th  a  i)up  in 
lie  cows  are 
^nant  or  not 
be  observed 


Ocean  into 
July  15th. 
found  with 

atter  date. 

We  worked 
between  00 
v^o-thirds  of 
alance  were 
in  into  Bar- 
northward 
en  route  to 
the  balt.uce 


ins  only,  all 

3f  those  we 
were  carry- 
ny  old  bulls 
es.  I  have 
for  a  week 
. overboard. 

pup? — A. 
ate.  Many 
lup. 

ive  found  a 
I  size  seals. 

s  with  pup. 
es  rfinging 
m  old  bull 


Have  been  out  this  season,  and  caught  13  seals  around  Cape  Flat- 
tery, seven  of  which  had  pups  in  them,  the  bal-  «,,.,.  ..t  r„i,„„^..  ,   ooo 

•' '  ,     .  1  I.       L  1.    li.         1       /.  iSelinaa  Johnson,  p.  io8, 

ance  being  young  seals,  about  one-halt  each  of 
male  and  female.    •    *    * 

In  all  of  my  experience  as  a  seal  hunter  I  have  captured  but  one  or 
two  old  bulls. 

A  large  proportion  of  seals  killed  by  me  were   Johnnie  Johniin,  p.  283. 
cows  with  pup.    Have  killed  a  very  few  old  bulls 
and  some  yearlings. 

Most  of  the  seal  I  have  taken  have  been  pregnant  cows.    But  a 
very  few  young  male  seal  are  taken  by  me  along     p  j^ahiktdau  n  "61 
the  coast.  *  j>  i-~    ' 

The  majority  of  seal  are  cows  with  pup.    A  few      Philip  Eashcvaroff,  p. 
males  are  taken,  about  four  or  five  years  old.         -''^• 


About  50  per  cent  of  the  seals  taken  are  cows  with  pup.    Have 
killed  a  few  old  bulls,  and  have  taken  a  few  year- 
lings every  season. 


King  Kaskwa,  p.  295. 


About  half  of  the  seals  killed  are  females  with  pup.    Have  killed 
some  yearling  seals,  but  never  killed  an  old  bull. 
The  young  males  I  killed  were  between  two  and     Jim  Kasooh,  p.  296. 
three  years  old. 

We  caught  somewhere  about  500  seals  before  entering  the  sea,  of  all 
kinds.    There  were  a  good  many  females  among 
them ;  there  was  a  good  many  more  of  them  than     Jas.  Eean,  p.  448. 
males,  but  the  exact  number  I  do  not  know.    The 
old  females  had  young  pups  in  them.    I  saw  them  taken  out,  and  a 
good  many  of  them  skinned. 

We  sailed  from  Victoria,  British  Columbia,  and  bore  due  north  to  the 
Bering  Sea.    When  we  arrived  there  we  had  some 
seventy-five  to  eighty  seals,  the  greater  part  of     Jaa.  Kennedn,  p.  449. 
which  were  females,  some  of  which  had  pups  in 
them. 

Most  of  the  seals  taken  by  me  were  females  with  pup;  have  taken  a 
few  male  seal  from  one  to  four  years  old.    A  very 
few  yearlings  have  been  killed  by  me,  mostly  fe-  — i^'^^    Kethusduck,   p. 
males. 


262. 


Those  taken  in  the  Bering  Sea  were  nearly  all  mother  seals  in  milk, 
that  had  left  their  young  and  were  in  search  of     j^^  ^.^  ^g^ 

food. 

The  majority  ot'  seals  taken  by  me  were  females  with  pup.    Have 
taken  some  yearling  seals,  but  never  examined 
them  as  to  sex.    Have  killed  one  or  two  old  bulls     Rolcri  Kooko,  p.  296. 
in  my  life.    The  males  I  have  killed  have  been 
one  and  two  years  old,  I  tiiiuk. 


438 


RESULTS. 


Most  all  seal  killed  by  me  have  been  cows  with  pups.       *        • 

Have  not  killed  a  bull  seal  for  three  years. 
John  Kowineet,  p.  2G1.  have  taken  a  few  yearlings,  mostly  females. 


Olaf  Evam,  p.  236. 


All  the  seals  which  I  have  seen  killed  were  fo 
males,  and  the  majority  of  these  were  pregnant 
cows. 


Most  all  seals  that  I  have  taken  were  cows  with 
George  Lacheek,  p.  264.  pup.    A  few  male  seal  have  been  taken  by  me 
from  one  to  four  years  old. 

And  that  a  good  many  have  pups  in  them,  and  that  when  the  boats 
come  aboard  loaded  with  seal  and  they  get  through 

James  LajUn,  p.  451.  the  skinning  of  them  they  would  have  a  big  pUe 
of  pups  on  deck. 

I  did  not  pay  any  particular  attention  to  the  sex  of  the  seals  we 

caught  on  the  coast  or  in  the  sea  any  further  than 

Andrew  Laing,  p.  335.    we  got  a  number  of  the  yearlings  and  2-year-olds 

on  the  coast,  and  that  I  have  seen  young  live  pups 

cut  out  of  their  dead  mothers  and  thoy  would  walk  around  on  deck 

and  bleat  for  three  or  four  days,  and  then  die  of  starvation. 

We  had  a  good  catch,  having  taken  1,400  skins,  more  than  1,000  of 

which  we  secured  on  the  cojist.     Of  the  latter, 

Jas.  E.  Lcnnan,p.  370.  more  than  75  per  cent  were  female  pelts,  and  of 

these  about  GO  per  cent  were  taken  from  pregnant 

cows. 


Caleb  TAndahl,  p.  456. 


I  have  very  often  cut  a  seal  open  and  found  a 
live  young  one  inside. 


P 


Of  the  class  of  seals  taken  I  can  say,  from  personal  observation  on 

board  sealing  vessels,  as  well  as  from  knowledge 

Isaac  Liebes,  p.  io3.       gained  in  buying  and  handling  the  skins  from 

seals  killed  in  the  Pacific,  that  in  the  spring  95 

per  cent  of  them  are  cows  heavy  with  pup ;  4  per  cent  are  pups  less 

than  1  year  old,  born  the  previous  summer,  and  1  per  cent  males,  most 

of  the  latter  not  exceeding  two  or  three  years  old. 

Of  all  the  seals  captured  by  me,  about  one-half  of  them,  I  think, 

were  cows  with  pups  in  them,  and  it  is  very  sel- 

Jas.  Lighthouse, p.  3S9.  dom  that  I  have  ever  canght  a  full-grown  cow 

that  was  barren  or  did  not  liave  a  pup  in  her; 

nor  have  I,  in  my  long  experience,  caught  a  cow  that  was  in  milk,  or 

that  liad  recently  given  birth  to  her  young.    I  seldom  ever  kill  an  old 

bull,  for  tliere  are  but  very  few  of  them  that  mingle  with  the  herd 

along  the  coast. 

We  sealed  from  there  [Sannak]  to  the  Akatan  Pass  and  caught  75 
seals,  mostly  i'omales  with  pup.  Some  of  the  young 
Caleb  Lindahl,  p.  450.    thoy  had  inside  were  quite  grown. 


ee  years. 
Mnales. 


« 
I 


lied  were  fo 
re  pregnant 


re  cows  with 
aken  by  me 


3n  the  boats 
get  through 
^e  a  big  pUe 


le  seals  we 
[iirtlier  than 
[  2-year-olds 
!ig  live  pups 
nd  on  deck 


han  1,000  of 
f  the  latter, 
»elts,  and  of 
m  pregnant 


md  found  a 


ervation  on 
knowledge 
skins  from 
e  spring  95 
e  pups  less 
uales,  most 


n,  I  think, 
is  very  sel- 
grown  cow 
up  in  her; 
in  milk,  or 
kill  an  old 
;  the  herd 


caught  75 
'the  young 


DESTRUCTION   OF   PRl^GNANT    FEMALES. 


439 


In  the  year  1885,  six  hundred  (000)  fur-seals  were  caught  during  the 
month  of  March  off  the  Farallon   Islands  (Cali- 
fornia).   In  subsequent  years  we  have  had  to  go     e.  w.  Hiiiejohn,p.  457. 
farther  north  eacli  year  in  order  to  secure  a  good 
spring  catch.   My  experience  has  been  that  fully  00  per  cent  of  .ill  seals 
taken  were  females,  and  of  these  two  thirds  (§)  were  motheis  in  milk. 

I  know  that  a  large  j^roportion  of  the  seals  taken  were  mothers  in 
pup,  or  mothers  giving  milk,  but  I  paid  no  par- 
ticular attention  to  the  percentage.  'rm.  H.  Long,  p.  457. 

On  my  last  tiip  this  year,  when  hunting  seals  off'  the  cape,  I  caught 
10  sealvS,  5  of  which  had  pups  in  tliein ;  the  rest  of 
them  were  from  I  to  2  years  old,  part  male  and  ''"'*•  ^*"'''''  P-  •^^^• 
part  female.  I  think  that  fully  one-h.alf  of  the  seals  caught  along  the 
coast  are  full  grown  fenmles  with  pups  in  them.  We  sometimes  catch 
a  few  medium-sized  males,  the  rest  being  younger  ones,  both  male  and 
female. 


Q.  What  percentage  of  the  cows  you  have  taken 
were  with  pup  ? — A.  About  70  per  cent,  I  should  say. 


Chaa.  Lutjent,  p.  458. 


We  went  first  south  as  far  as  Cape  Blanco,  sealing  around  there  for 
about  two  months,  when  we  started  north  to  the 
Bering  Sea.    We  were  sealing  all  the  way  up  and      Thoa.  Lyona,p.  4G0. 
succeeded  in  capturing  138  seals  before  entering 
the  Bering  Sea.    The  majority  of  those  were  cows,  the  largest  portion 
of  which  had  pups  in  them.    I  know  that  from  the  fact  of  seeing  them 
taken  out  and  thrown  overboard. 

Most  of  the  seals  taken  were  females  with  pup.    A  few  male  seal 
were  killed,  ages  ranging  from  1  to  5  years.    One 
old  bull  was  taken.  ^o"-  ^"^  'J'"'"'  P-  ^^' 

Most  of  the  seals  taken  by  me  have  been  females  with  pup.    The 
female  seals  are  easier  killed  than  the  male,  and 
we  aim  to  get  them.    A  few  yearlings  have  been     '^-  ^-  ^o^onald,  p.  206. 
killed  by  me,  mostly  females. 

Several  of  the  fe  nales  that  we  caught  in  the  ocean  were  in  pup,  but 
the  pup  taken  out  of  the  belly  was  of  no  use  for 
anything,  and  we  would  throw  it  overboard.  '^"'-  ^"''^»"««)  P-  ^^i. 

About  all  the  seal  tiiken  are  females  with  young.    Very  few  young 
male  seal  are  seen  on  the  coast.    A  few  yeailings      <.     ,,  ^ 
are  caught,  mostly  fenmles.  •^'"-  ^^c^^'"'-  P-  267. 

We  had  300  or  400  seals  altogether  before  entering  the  Beri'ig  Sea; 

they  were  most  all  females,  which  had  young  pups    ,„    ,,  , 

i^/l,g,j^^  '  J         bi-   1        Wm.McLaui/hliH,p.H}2. 

Q.  What  percentage  of  the  females  taken  are  with  pup? — A.  That 
depends  on  the  season  you  are  killing  them  in. 
When  they  are  getting  heavy  in  pu])  in  the  latter  ^g^' ''•«'""'«'•  ^^cUan,  p. 
part  of  the  season,  the  1st  of  June,  when  you 


440 


RESULTS. 


J:::^' 


take  a  seal  then  yoii  take  two  for  one.  You  take  the  pup  with  them. 
That  is,  when  it  is  a  fcuialo.  Tliis  is  before  we  {;o  into  the  sea.  I  have 
been  into  tlie  sea  for  several  years.  For  the  last  two  years  I  have  not 
gone  in  there — that  is,  wliile  tMs  restriction  act  has  been  init  on.  I 
have  not  interfered  with  the  business. 

Q.  Your  experience  is  that  all  of  the  adult  females  that  yon  shoot 
during  the  forepart  of  the  season  up  to  July  are  with  jmp? — A.  You 
may  take  it  all  the  way  from  April,  May,  aiul  June;  from  April  all  the 
female  seals  that  you  kill  are  with  pup. 

Q.  Up  until  about  the  1st  of  July? — A.  Yes,  sir. 

Q.  Until  tliey  go  into  the  Bering  Sea? — A.  Yes,  sir. 

Q.  What   percentage  of   the  cows  taken  are   with  pup? — A.  The 
Daniel  McLean,  p.  444.  ^^^^'-^^^f  are  mostly  all  with  pup-tluit  is,  up  UUtil 
the  1st  of  July. 

We  came  down  each  year  to  the  coast  of  Oregon,  then  went  along 

up  the  coast  to  the  Bering  Sea.    I  do  not  recol- 

Thoma»  Madden,  p.  462.  lect  the  exact  number  of  seals  we  caught  in  1888, 

1S89,  and  1890,  but  last  year  we  caught  about  15l> 

along  the  coast.     I  did  not  pay  much  attention  to  the  sex  of  the  seals, 

but  I  seen  lots  of  little  pups  taken  out  of  them. 

Wesailedup  the  coast  and  caught  a  few  seals,  until  we  got  to  the  Bering 

Sea.     We  caught  1,100  seals,  nearly  all  of  which 

James  Malay,  p.  4G3.      were  caught  in  tlie  Bering  Sea.    We  caiight  them 

around  St.  George  Island.    I  think  out  of  the  1,100 

we  caught  there  were  600  females.    Out  of  that  600  there  were  over 

400  that  had  pups  inside  of  them,  and  we  threw  them  all  overboard. 

Most  of  the  seals  taken  by  me  have  been  females 

Edward  Maitland,  p.  Avith  pup.    I  have  never  taken  a  big  bull  in  my 

2^'^-  life.    Have  killed  small  bulls  and  some  yearlings. 

About  half  of  the  seals  killed  by  me,  I  think,  were  cows  with  pup. 

Have  never  killed  an  old  bull,  but  have  killed  a 
Charles  Martin,  p.  297.  few  yearlings  in  my  life.    Never  examined  the 

latter  as  to  sex. 

Patrick  Maroney,  p.  The  bi  ggest  part  of  my  year's  catch  off  the  coast 
464.  were  fenuiles  with  pups  in  them. 

We  sailed  from  Victoria  on  the  8th  of  April,  and  sealed  along  the 
coast  up  to  Akutan  Pass.    We  caught  about  800  seals  in  that  vicinity. 

Mostly  all  were  females  and  a  great  many  of  them 
Henry  Mason,  p.  464.     had  pups  in  them.    We  cut  the  seals  open  and 
saw  the  young  inside. 

In  1890  I  went  seah'ng  in  the  schooner  Argonaut.  She  sailed  from 
Victoria  about  the  8th  of  April,  and  sealed  along 

Henry  Mason,  p.  465.  the  coast  up  to  the  pass  in  Bering  Sea.  We 
caught  about  350  seals  that  year. 

Most  of  the  seals  we  caught  in  the  North  Pacitic  were  fen?ales.  A 
good  many  of  them  also  had  pups  inside. 


ii:; 


>  with  them, 
sea.  I  have 
•8  I  liave  not 
I  put  on.    I 

at  yon  shoot 
p? — A.  You 
April  all  the 


ip?— A.  The 
t  is,  up  until 


1  went  along 
io  not  recol- 
ight  in  1888, 
lit  about  15G 
)f  the  seals, 


:o  the  Bering 
all  of  which 
3aught  them 
t of  the  1,100 
e  were  over 
verboard. 

)oen  females 
bull  in  my 
e  yearlings. 

s  with  pup. 
ive  killed  a 
amined  the 


>ff  the  coast 


along  the 
at  vicinity, 
my  of  them 
i  open  and 


sailed  from 

saled  along 

Sea.    We 

SIP  ales.    A 


DESTRUCTION   OP   PREGNANT   FEMALES. 


441 


I  noticed  in  the  seals  that  we  caught  along  the  coast  that  a  great 
many  of  them  were  females  and  had  pups.    I 
think  most  of  them  were  females.    I  know  that      William  Mason,  p.  466. 
in  my  boat  the  catch  was  most  all  females  and 
they  had  pups  in  them.    They  were  usually  shot  when  sleepiug  on  the 
water. 

We  caught  over  1,000  seals  off  the  coast,  almost  all  females,  and  a  great 
number  of  them  had  young  pups  in  them.    •    •    * 

Entered  Bering  Sea  in  July  and  was  chased  out  Thomal  Mathaaan,  p. 
by  the  cutters.  Did  not  catch  any  seals  in  the  339. 
American  waters  in  the  Bering  Sea,  but  went  over 
across  on  the  Russian  side  and  sealed  there.  The  whole  catch  for  that 
year  \vlis  about  1,500  seals.  Those  that  wo  killed  ou  the  Russian  side 
was  about  in  the  same  proportion  as  to  females  as  those  killed  ou  this 
side. 

A  large  majority  of  the  seals  killed  in  the  North  Pacific  are  cows 
with  pup,  and  in  Bering  Sea,  cows  with  milk. 
Few  yearlings  are  killed  every  year  by  me.    Of     o.  E.  Miner,  p,  466. 
the  male  seals  killed  a  majority  are  4-year-olds. 
I  have  killed  but  a  few  old  bulls. 

Q.  Whatpercentageofthe  cows  you  have  taken     Frank  Moreau,  p.  4G8. 
were  with  pup? — A.  About  75  per  cent  were  with 
pup. 

Most  all  the  seals  killed  by  me  have  been  fem-     ^mos  Mill,  p.  285. 
ales  with  pup. 

We  began  sealing  off  Cape  Flattery;  sailed  and  sealed  to  the  north- 
ward, and  captured  about  800  seals  along  the 
coast.    There  were  not  over  ten  males   in  the     Jno.  Morris,  p.  340. 
whole  lot.    The  females  had  pups  in  them  and  we 
cut  them  out  of  their  mothers  and  threw  them  overboard  into  the  ocean. 


and  captured  about  400  seals  while  I  was  on  her.  They  were  all 
females  with  pup,  excepting  the  yearlings,  which  were  about  one-half 
male  and  one-half  female.  •  *  •  And  captured  about  750  skins 
along  the  coast.  All  the  seals  captured  were  pregnant  females  except 
the  yearlings.  *  *  »  We  begau  sealing  oft"  Cape  Flattery  and 
caught  about  20  seals,  all  of  Avhich  were  pregnant  females. 


Most  of  the  seals  taken  by  me  have  been  cows 
with  pup. 


Matthew  Morris,  p.  286. 


About  half  of  all  seals  caught  along  the  coast  are  cows  with  pups  in 
them ;  a  few  medium-sized  males  are  also  taken, 
and  the  rest  are  young  seals  of  both  sexes.    We     Moses,  p.  3io. 
scarcely  ever  see  an  old  bull  seal,  nor  can  we  tell 
the  sex  of  the  seals  in  the  water.    I  have  never  caught  any  full-grown 
oows  along  the  coast  that  did  not  have  pups  in  them. 


!'       i 


442 


RESULTS. 


iLi: 

Hi  • 


About  half  the  seals  talcen  by  me  are  cows  with  pup.  I  have  taken 
a  few  old  bulls  in  my  life,  but  not  many.    Have 

Na$htou,  p.  298.  taken  quite  a  number  of  yearlings.    The  male 

seals  taken  are  between  two  and  three  years. 

I  think  about  half  the  seals  killed  by  me  are  females  with  pup.  I 
think  there  are  a  few  more  males  killed  in  April 

Smith  Natch,  p.  298,  than  females,  but  in  May  there  ai'e  more  females 
killed. 

About  one-half  of  the  seal  I  have  taken  were  females  with  pup.    Have 

taken  a  very  few  yearlings.    Once  in  »  while  I 
Dan  Nathlan,  p.  286.      take  an  old  bull,  but  not  often.    The  male  seals 

that  I  have  killed  are  two  and  three  years  old,  I 
think. 
Think  about  half  of  the  seals  taken  by  me  have  been  cows  with  pop: 

the  rest  are  yearlings  and  young  males  two  and 
Joa.  Neishkaitk,  p.  289.  three  years  old.    Have  never  seen  an  old  bull  in 

my  life. 

Almost  every  female  that  has  arrived  at  the  age  of  maturity  is  preg- 
nant.   We  follow  them  on  from  there  into  the 

Nile$  NeJtoH,  p.  470.  Bering  Sea,  and  almost  all  of  the  l\3males  taken  are 
pregnant. 

I  think  about  half  the  seals  taken  by  me  are  females  with  pup. 

Have  never  taken  but  a  few  old  bulls  in  my  life. 
Ntkla-ah,  p.  2f^.  Have  taken  a  good  many  yearlings,  but  never 

examined  them  as  to  sex. 

We  sailed  south  as  far  as  Blanco,  sealing  around  there  for  two  or 

three  months,  when  we  headed  north  into  the 

John  O'Brien,  p.  470.      Bering  Sea,  having  caught  250  or  300  seals  before 

entering  the  sea,  of  which  60  j)er  cent  of  them 
were  females,  mostly  all  of  them  having  pups  in  them. 

In  the  beginning  of  the  season  we  killed  mostly  yearling  seals,  but 
as  the  season  advanced  we  got  almost  all  mothers 

Nelson  T.  Oliver,  p.  372.  in  young  in  the  vicinity  of  Cape  Flattery  or  from 
the  Columbia  River  to  Vancouver. 

The  catch  along  the  coast  for  the  last  six  or  seven  years,  since  the 

rifle  and  shotgun  have  come  into  use,  is  princi- 

Wm.  Parker,  p.  Mi.        pally  females  and  the  grown  ones  have  pups  in 

them.    The  catch  of  young  seals  is  much  less  in 

proportion  to  the  number  caught  than  they  were  when  Indians  used 

to  take  them  by  spearing. 

We  began  sealing  off  Cape  Flattery  and  sealed  right  up  towards  the 

Bering  Sea,  capturing  IG  seals  along  the  coast,  all 

Chas.  Peterson,  p.  345.    of  which  were  females  with  pup.     We  captured 

250  female  seals  with  pup  on  the  coast  and  then 

returned  to  Victoria,  after  which  we  sailed  again  in  a  short  time  on  the 

same  vessel  with  the  same  crew  for  the  North  Pacific  Ocean  and  Bering 

Sea,  capturing  about  250  female  seals  while  en  route  to  the  Bering 

Sea,  also  a  few  male  yearlings. 


DESTRUCTION  OF  PREGNANT  FEMALES. 


443 


have  taken 
lany.    Have 
The  male 
ie  years. 

vith  pup.  I 
led  ill  April 
lore  females 


pup.  Have 
u  n  while  I 
)  male  seals 
years  old,  I 

8  with  pup: 
es  two  and 
.  old  bull  in 


rity  is  preg- 
re  into  the 
es  taken  are 


with  pup. 
in  ray  life, 
but  never 


5  for  two  or 
;h  into  the 
seals  before 
it  of  them 


r  seals,  but 
all  mothers 
ery  or  from 


3,  since  the 
,  is  princi- 
ve  pups  in 
uch  less  in 
dians  used 


> wards  the 
e  coast,  all 
captured 
b  and  then 
ime  on  the 
nd  Bering 
lie  Bering 


m 


li 


My  experience  iu  four  years  sealing  is  that  nearly  all  the  seals 
ttikeu  along  the  coast  are  pregnant  females,  and 
it  is  seldom  that  one  of  them  is  caught  that  has     Edwin  P.  Porter, p.  Ml. 
not  a  young  pup  in  her. 

I  have  been  out  sealing  this  year  and  caught  IG  seals;  5  of  them 
were  full-grown  cows  that  had  jmps  in  them. 
The  rest  were  young  seals  about  2  years  old,  both      Wilion  Parker,  p.  392. 
male  and  female,  excepting  one,  and  that  was  a 
gray  pup. 

In  the  trip  just  made  off  this  coast,  I  have  taken  eighty-one  seals,  of 
which  three  were  bulls,  three  were  bachelors,  two 
were  yearlings,  about  fifty  were  females  pregnant,      jv.  Roberts,  p.  241. 
rest  females  barrel..    This  is  a  fair  average. 

Most  of  the  seals  taken  by  me  have  been  cows     Rondtua,  p.  242. 
with  pups. 

The  majority  of  seals  taken  by  mo  have  been  females  with  pup.    Once 
in  a  great  while  I  catch  an  old  bull.    A  few  year- 
lings have  been  taken  and  the  majority  of  males     -^M  Ryan,  p.  299. 
are  two  and  three  year  olds. 

Of  the  females  taken  in  the  Pacific  Ocean,  and  early  in  the  season  in 
Bering  Sea,  nearly  all  are  heavy  with  young,  and 
the  death  of  the  female  necessarily  causes  the     l.  G.  Shepard,  p.  189. 
death  of  the  unborn  pup  seal;  in  fact,  I  have  seen 
on  nearly  every  vessel  seized  the  pelts  of  unborn  pups,  which  had  been 
taken  from  their  mothers. 


While  cruising  along  the  coast  our  principal 
catch  was  female  seals  with  pup,  the  balance  being 
principally  yearlings,  about  half  male  and  female. 

The  majority  taken  are  females  with  pup.  Once 
in  a  while  an  old  bull  is  taken,  but  very  seldom. 
A  few  small  yearlings  are  taken,  but  not  many. 


tVm.  Short,  p.  348. 


Jack  Shuclci/,  p.  289. 


We  had  315  skins  when  we  arrived  here.    Mostly  all  of  them  were  fe- 
males heavy  with  pup  asleep  on  the  water,and  we 
killed  them  with  shotguns.  ^<''<^  ^'""^''  -P-  *'^^- 

Most  of  the  seal  taken  by  me  were  cows  with     Aaron  Simaon,p.290. 
pup. 

The  last  three  years  about  half  the  seals  T  have  killed  were  females 
with  pup.    A  few  male  seals  and  yearlings  have 
been  killed  by  me.    Have  killed  but  four  large     Martin  Singay,  p.  268. 
bulls  in  the  last  four  years. 

From  personal  observation,  as  well  as  from  the  most  reliable  infor- 
mation, it  is  quite  certain  that  there  has  been 
taken  by  the  Indians  of  Vancouver  Islands  and     c.  M.  Srammon,  p.  474. 
Washington  Territory  during  the  last  spring  about 
5,000  fur-seals,  and  almost  inevitably  each  animal  was  with  young,  so 


m 
M? 


I 


K; 


m 


li 


444 


RESULTS. 


tliat  in  tiikin<;  the  number  of  adults  above  nientio'ied  there  were  acttt« 
ally  destroyed  near  10,000  seals. 


Jack  Sitka,  p.  268. 

«  • 


Most  of  the  seals  taken  are  cows  with  youuij. 

•  •  •  •  « 


A  few  male  seals  are  taken,  their  ages  being  from  one  to  four  years. 
A  few  yearlings  are  taken.  A  very  few  old  bulls  have  ever  been  taken 
by  me;  the  last  three  or  four  years  have  taken  but  three  old  bulls. 

Most  of  the  seals  taken  by  me  are  females  with  pup.  Never  killed 
but  one  old  bull  in  my  life.    Have  killed  but  a 

Thomas  Skowl,  p.  300.  few  yearlings  and  never  looked  to  see  if  they  were 
male  or  female.  The  young  males  killed  by  me 
were  between  one  and  three  years  old. 

I  think  throe  females  with  pup  out  of  every  ten  killed.  I  kill  lots  of 
yearling  seals,  but  never  examined  them  as  to 

Geo.  Skultka,  p.  290.  sex.  Never  shoot  any  old  bulls,  although  I  have 
seen  a  good  many. 

We  sailed  from  here  on  the  Flying  Mist  on  the  ITth  day  of  April, 

1871,  and  caught  altogether  on  that  voyage  about 

Jaa.  Sloan,  p.  477.        875  scale,  of  which  a  large  majority  were  either 

females  with  pups  or  with  their  breasts  full  of 

milk.   Isawitflowingon  the  deck  when  we  were  skinning  them.   *   •    » 

Went  to  the  Okhotsk  Sea  and  sealed  there  about  two  months.    We 

got  there  some  500  seals,  of  which  more  than  one-half  were  females,  and 

the  most  of  them  had  pups  in  them. 

I  am  informed  by  our  London  sales  agent,  and  believe,  that  nearly 
Leon  Sloa8  p  92  ^^^  quite  nine-tenths  of  the  Victoria  catch  is  com- 

'        '  prised  of  females. 

A  very  large  majority  of  the  seal  taken  in  the 
North  Pacific  Ocean  are  cows  with  pup. 


Fred  Smith,  p.  349. 


Most  of  the  seals  taken  are  females  with  young.  Very  few  males  are 
taken  on  the  coast.    I  have  taken  600  seals  in 

Wm.  H.  Smith,  p.  478.  one  season  and  only  3  male  seals  were  among  them. 
A  few  yearlings  are  taken,  mostly  females. 

We  left  San  Francisco  in  February,  and  fished  all  the  way  up  to 

Kadiak  Island.    We  caught  about  475  seals  and 

E.  W.  Soron,  pA79.      about  40  otters.    To  the  best  of  my  judgment  the 

greatest  portion  of  these  were  cows  heavy  with 

young.    Vv'^e  could  see  the  milk  running  out  of  their  teats  when  they 

were  skinned.    I  saw  pups  inside  of  the  seals  that  we  cut,  and  we 

saved  some  of  them  and  fed  them. 

We  left  here  with  the  City  of  San  Diego  in  February  of  1888  and 

arrived  in  the  Bering  Sea  in  June,  1888.  As  soon 

Cyrus  Stephens,  p.  479.   as  we  got  into  the  occan  we  commenced  shooting 

seals  and  continued  shooting  all  the  way  up  to 

the  Aleutian  Islands.    The  seals  became  more  plentiful  as  we  were 

going  north.    We  caught  about  650  seals  during  that  voyage.    We 


ere  were  actu« 


• 

to  four  years, 
er  been  taken 
old  bulls. 

Never  killed 

killed  but  a 

e  if  they  were 

killed  by  me 

Id. 

I  kill  lots  of 
1  them  as  to 
lough  I  have 


lay  of  April, 
rayage  about 
were  either 
reasts  full  of 
hem.  *  •  » 
nonths.  We 
females,  aud 


that  nearly 
ateh  is  corn- 


taken  in  the 
ap. 

w  males  are 
BOO  seals  in 
mon^if  them, 
uales. 

B  way  up  to 
75  seals  and 
dgnient  the 
heavy  with 
1  when  they 
5ut,  and  we 


•f  1888  and 
(8.  As  soon 
d  shooting 
way  up  to 
IS  we  were 
yage.    We 


DESTliUCTION   OF   PREGNANT   FEMALES. 


445 


il:.ti 


A  few  male  seal  g^o.""''"'*  *'"^'^''""''  P- 


killed  a  portion  of  them  in  the  Bering  Sea.  We  killed  uiw  large  bull 
that  1  recollect,  aud  the  rest  were  nearly  all  feniale.^s  with  pup  or  mothers 
giving  milk. 

Most  of  the  seals  taken  are  females  with  pup.     Out  of  111  seals 
last  year  1  killed  but  3  bulls.    A  very  few  year 
lings  have  been  taken  by  me. 
have  been  taken  by  me  from  2  to  4  years  old. 

Q.  What  percentage  of  the  cows  you    have    Guatavc  Sun(hall,pA80. 
taken  were  with  pup? — A.  Well,  I  should  judge 
about  two-thirds,  anyhow. 

We  commenced  sealing  as  soon  as  we  got  outside  of   the  cape,  and 
captured  about  270  seals  along  up  the  coast. 
Most  of  the  seals  caught  were  pregnant  females,      John  A.Swain, p.  350. 
and  when  we  would  skin  them  the  milk  would 
run  out  of  them  on  the  deck.    We  began  sealing  oftthe  Columbia  lii\cr, 
and  then  sealed  northward  up  the  coast  to  Bering  Sea,  and  captured 
about  320  seals  in  the  North  Pacific  Ocean,  most  all  females,  and  nearly 
all  had  young  pups  in  them. 


M.  Thlkahdaynahkee,  p. 
269. 


Most  of  the  seal  taken  by  me  were  cows  with 
pup.    •    •    * 

A  few  male  seal  have  been  taken,  from  1  to  4  years  old.  But  very 
few  old  bulls  have  ever  been  taken  by  me.  Have  killed  a  few  yearlings 
every  year. 

The  catch  that  season  along  the  coast  was  90  per  cent  females, 
and  the  greater  proportion  of  them  were  females  . ,  ,  ^  „r  .. 
in  pup.  •  •  •  In  1891  I  went  out  in  the  f^^^P^  "  •  Ji«»»i»<on, 
schooner  G.  H.  White.  We  left  here  about  the  5th 
of  February,  and  sealed  along  the  coast  and  did  not  enter  the  Bering 
Sea  that  season.  We  caught  about  438  seals,  and  a  large  proportion  of 
them  were  females  with  young  ones  in  them. 

Most  of  the  seals  taken  on  this  coast  are  cows  with  young.  •  •  • 
Quite  a  large  number  of  yearlings  are  taken,  most  charlie  Tlakmtan,  «. 
of  which  are  females.  270. 

The  seals  taken  by  me  have  been  females  mostly  with  pup.    Have 
never  killed  a  bull  in  my  life.    A  few  yearlings 
are  taken,  all  of  which  are  females.  Peter  Treamheit,  p.  271. 

Among  the  Indian  crews  of  the  Vancouver  Island  sealing  vessels,  I 
have  seen  the  skins  of  unbon.  (lup  seal;  being  of 
no  commercial  value,  the  crews  were  allowed  to     Francis  Tuttle,  p.  487. 
keep  them.    These  unborn  pups  have  been  taken 
from  female  seals  killed  while  coming  up  the  west  coast  of  North 
America. 

About  half  the  seals  caught  along  the  coast  are  cows  that  have  white 
whiskers  and  have  pups  in  them.    A  good  many 
young  males  and  females,  from  1  to  2  years  old     'johHTysuin,p.3U. 
are  captured.    They  all  have  black  whiskers.    I 
have  never  killed  any  old  bulls  along  the  coast,  but  have  killed  a  very 
few  large  cows  late  iu  the  season  that  were  barren. 


rr 


I*  ■  ' 

f'i 


446 


RESULTS. 


I'r    * 


1-5  ! 

|5!! 


I'l'  ] 


M«)st  of  tlie  seal  taken  by  me  liave  been  females  with  \m\\,    A  few 

male  seal  have  been  taken  by  me,  a^jes  raiifjinpf 

Jaa.  Unatajim,  p.  271.    from   1  to  4  years  old,  I  sliould   tliink.    S(m»o 

yearlinj^.s  have  been  taken,  a  majority  of  which 

were  females  also.    Very  few  old  bulls  have  been  killed  by  me. 

Most  of  the  seals  taken  have  been  cows  with  pup.  I  have  taken  but 
a  very  few  old  bulls.    I  have  killed  plenty  of 

Geo.  Usher,  p.  Wl.  yonuft' niales,  and  have  taken  (piite  a  number  of 
yearlings,  but  never  examined  them  as  to  sex. 

RudolphU'altun, p.  212.  The  majority  of  seal  taken  are  cows.  A  few 
yearlings  are  killed,  mostly  females. 

Most  all  seals  taken  are  females  with  young. 
Charlie  Wank,  p.  273.  •  »  #  #  # 

What  few  male  seals  are  taken  are  1,  2,  .'i,  and 
4  years  old.    Quite  a  number  of  yearlings  are  taken,  mostly  females. 

In  purchasing  fur-seals  from  hunters  I  have  noticed  that  not  less 
than  75  per  cent  of  the  catch  taken  previous  to 
M.L.Waahharn,p.iid.  May  25  are  female  seals;  and  from  the  develop- 
ment of  the  teat  on  the  skin  were  evidently  fe- 
males with  puj/.    After  that  the  catch  is  mostly  young  seals;  and  I 
paid  most  attention  to  the  sex. 

Most  of  the  seals  cai)tured  along  the  coast  are  cows  with  imps  in 
them.    I  have  never  cai»tnred  any  cows  in  milk  or 

WatkinSfP.  395.  that  had  given  birth  to  their  young  that  year  on 

coast,  and  I  do  not  recollect  of  ever  having  caught 
an  old  bull. 

Out  of  60  seal  taken  so  far  this  season  46  are  females  with  pup 

and  14  were  males.    Only  1  yearling  seal  has 

P.  s.  JVeittenhiiler,  p.  been  taken  this  season.    Only  1  old  bull  was 

274.  taken  this  season  among  the  males.     I  should 

think  the  male  seal  taken  this  year  were  between 
2  and  3  years  old. 

While  out  hunting  this  year  we  caught  sixteen  seals;  one-half  of 
them  we'.c  -mws  with  pup,  the  remainder  were 
Charley  White,  p.  39o.    yearlings  and  two  years  old,  of  both  sexes. 

In  my  captures  off  the  coast  between  here  and  Sitka  90  per  cent  of 
my  catch  were  females,  but  off  the  coast  of  Una- 
Michael  White,  p.  490.  mack  Pass  there  was  a  somewhat  smaller  per- 
centage of  females,  and  nearly  all  the  females 
were  cows  heavy  with  pup,  and,  in  some  instances,  the  period  of  ges- 
tation was  so  near  at  hand  that  I  have  frequently  taken  the  live  i>ui) 
from  the  mother's  womb. 

I  think  about  one-half  the   seal  killed  by  me  have  been  females 

with  pup  and  the  balance  were  divided  up  be- 

Billy  Williams,  p.  300.  tween  yearlings  and  one  and  two  year  old  nuiles. 

Never  examined  the  yearlings  as  to  sex.    Have 

never  killed  an  old  bull  iii  my  life. 


l»up.    A  Uiw 

tiiiiik.  Homo 
t'ity  of  which 
y  me. 

Lve  taken  but 
ofl  phMity  of 
a  iiuinber  of 
as  to  .SOX. 

0W8.    A  few 


with  young. 

* 

3  1,  2,  ;i,  and 
ly  females. 

:l»at  not  less 
1  previous  to 
the  develop- 
nidently  fe- 
seals;  and  I 


vith  pups  in 

ivs  ill  milk  or 

hat  year  on 

ving  caught 


s  with  pup 
>g  seal  has 
Id  bull  was 
I  should 
ere  between 


one-half  of 
linder  were 
sexes. 

'  per  cent  of 
ast  of  LTna- 
maller  per- 
the  females 
I'iod  of  ges- 
he  live  pup 


en  females 
Lied  up  be- 
r  old  males. 
se;s.    Have 


DESTRUCTION   OF   PIIEONANT   FEMALES. 


447 


Think  that  most  of  the  seals  I  have  taken  were  females  with  pup. 
Have  also  taken  some  two  and  three  year  oM 
males  and  some  yearlings.    Never  killed  but  one 
old  bull  in  my  life. 


Most  all  the  seals  caught  by  me  along  the  coast 
were  cows  that  had  pups  in  them.  I  never  killed 
a  barren  cow  or  one  that  was  iu  milk. 

Almost  all  seals  taken  are  females  with  pup. 


Fred.  IViUun,  p.  301. 
JFispoo,  p.  397. 


Afichael    Wooakoot,    p. 

,  ,  w  '215. 

Quite  a  large  number  of  yearlings  are  taken,  mostly  females.    During 
my  life  I  have  taken  over  100  bull  seals. 

About  half  the  vseals  1  have  killed  wore  females  with  pup,  and  the 
balance  were  yearling  seals  and  two  and  three 
year  old  males.    Never  killed  an  old  bull  in  my     Billy  Teltachy,  p.  302. 
life,  nor  have  I  ever  seen  one. 

Some  years  ago  there  were  more  male  seals  taken  than  are  taken 
now,  but  now  about  one-half,  are  females  with 
pup.    The  rei.1,  are  yearling  seals  and  one  and  on^"*''"^*   ieiknow,  p. 
two  year  old  males.    I  have  never  examined  the 
yearlings  to  ascertain  their  sex.    Have  not  killed  an  old  bull  seal  for  a 
number  of  years,  but  used  to  kill  them. 

Quite  a  number  of  yearlings  were  taken.    About  50  per  cent  of  the 
seals  taken  by  me  have  been  cows  with  pup. 
Never  killed  but  one  old  bull  iu  my  life  and  that     ^V-  Yohamicn,  p.  3C9. 
was  near  Kodiak  Island.    Took  quite  a  number  of 
young  males,  I  should  think  two  and  three  year  olds. 


Most  of  the  seals  I  have  killed  were  females  with 
pup.    Once  iu  a  while  an  old  bull  is  taken. 


Paul  Touny,  p.  292. 


Think  the  seals  I  have  killed  were  about  half  males  and  half  females 
with  pup.    The  males  mostly  are  yearlings  and 
two  and  three  year  olds.    I  have  seen  old  bulls  in      fFaiter  Young,  p.  303. 
the  water,  but  never  killed  one. 

I  have  been  out  on  the  Pacific  Ocean  this  year  seal  hunting,  and 
caught  three  seals;  they  were  large  cow  seals, 
and  had  pups  in  them.    One  and  two  year  old      Uiah  Yuila,  p.  397. 
seals  are  about  equally  male  and  female. 


Almost  one-half  the  seals  I  catch  are  cow  seals 
and  have  little  pups  in  them. 


Hiah  Yulla,  p.  398 


About  one  third  of  all  the  cows  I  caught  along  the  coast  were  cows 
with  pups  in  them;  never  caught  any  old  bulls, 
and  used  to  catch  more  gray  pups  than  I  do  now.      ^l^oa.  Zolnoks,  p.  398. 
Most  all  the  rest  of  the  seals  I  caught  have  been 
1  and  2  years  old,  and  are  about  etjually  male  and  female. 


il! 


n 


V. 


i(: : 


Ik ', 


448  RESULTS. 

EEASON  PREGNANT  FEAiALES  AEE  TAKEN. 

Page  208  of  The  Case. 

Martin  Benson,  p.  405.      I  think  COW  seal  are  tamer  than  young  male 
seal. 

A  cow  seal  that's  heavy  with  pup  is  sluggish,  and  sleeps  more  soundly 
„       „  „,„      than  the  males,  and  for  that  reason  they  are  more 

Henry  Brcxvn,p.  318.      j^^^j^^  approached. 

They  are  very  tame  after  giving  birth  to  their  young  and  are  easily 

approached  by  the  hunters.    When  the  females 

Jas.  L.Carthcut,  pA09.  leave  the  islands  to  feed  they  go  very  fast  to  the 

Ashing  banlcs,  and  after  they  get  their  food  they 

will  go  to  sleep  on  the  waters.    That  is  the  hunter's  great  chance.    I 

think  we  secured  more  in  jiroportion  to  the  number  killed  than  we  did 

in  the  North  Pacific. 

Simeon  Chin-koo-tin,  p.      They  sleep  more  and  are  less  active  and  more 
256.  easily  captured. 

Peter  Church,  p.  257.         I  think  the  female  seal  is  less  active  and  more 
easily  approached. 


I 

X  ■ 

'■- 

i 


I  have  noticed  that  the  females,  when  at  sea,  are  less  wild  and  dis- 
trustful than  the  bachelor  seals,  and  dive  less 
Jaa.  H.  Douglass,p.  420.  quickly  in  the  presence  of  the  liunter.    After  feed- 
ing  plentifully,  or    when   resting   after   lieavy 
weather,  they  appear  to  fall  asleep  upon  the  surface  of  the  water.    It 
is  then  they  become  an  easy  target  for  the  hunters. 


Pregnant  female  seals,  being  heavy  and  stupid,  and  sluggish  of  move- 
ment, are  more  easily  approached,  and  in  conse- 
quence a  greater  proportionate  number  of  them 
are  secured. 


A.J.  Guild,  p.  231. 


E.  Hofatad,  p.  2G0. 


I  think  the  females  sleep  more  on  the  water  and 
are  less  active  and  more  easily  taken  than  the 
male. 


When  the  females  are  with  pup  they  sleep  more, 
r.  Eahikiday,  p.  261.     are  less  active  in  the  Avater,  and  more  easily  ap- 
proached than  the  male  seal. 

Mike    Kethusduck,  p.      Think  the  female  is  more  gentle  and  more  easily 
262.  taken. 

Think  co>v8  are  much  mort  plentJftil  on  the 
Jno.  Xowineet,  p.  2(H.    coast;  sleep  more  and  are  more  easily  captured 
than  the  male  seal. 


Geo.  Lacheek,  p.  264.         Think  COWS  are  leas  active  and  require  mort 
Bleep  than  the  young  nmle  seal. 


young  male 


more  soundly 
they  are  more 


md  are  easily 
1  the  females 
5ry  fast  to  the 
leir  food  they 
at  chance.  I 
1  than  we  did 


ive  and  more 


:ive  and  more 


wild  and  dis- 
md  dive  less 
.  After  feed. 
1  after  heavy 
lo  water.    It 


l^ishof  move- 
jid  in  conse- 
iher  of  them 


le  water  and 
en  than  the 


Y  sleep  more, 
re  easily  ap- 


mof  e  easily 


b;ftil  on  the 
ly  captured 


equire  mort 


REASON    I'REGNANT    FEMALES   ARE    TAKEN. 


449 


I  am  informed  and  believe  that  the  reason  of  there  beinj,'  such  a  large 
proportion  of  females  among  the  coast  skins  is  be- 
cause the  male,  which  is  i)owerful  and  strong,      Geo.  Liehcs,  p.  511. 
usually  swims  more  rapidly  and  at  a  longer  dis- 
tance from  the  coast,  and  are  so  scattered  and  active  and  hard  to  catch 
that  it  does  not  pay  to  hunt  them.    The  female  heavy  with  young 
easily  tires,  and  sleeps  on  the  water,  and  is  easily  shot  while  in  that 
condition. 

I  have  known  of  several  expeditions  that  have  been  fitted  out  for  the 
purpose  of  following  and  capturing  the  seals  after 
they  leave  the  Pribilof  Islands  and  are  making    laaao  Liebea,  p.  454. 
their  southern  course.    All  these  expeditions  have 
proved  utter  failures,  which  is  accounted  for  by  the  fact  that  the 
female  seals  at  that  period  of  the  year  are  not  heavy  with  young  as 
they  are  in  the  spring,  nor  as  fat  as  at  a  later  period,  and  the  hunters 
can  not  easily  get  within  gunshot  distance  of  them.    They  are  much 
less  likely  to  be  found  asleep  at  this  season,  and  traveling  seals  are 
difficult  to  shoot  and  still  more  difficult  to  take  in  before  they  sink. 
The  hunters  have  an  idea  that  the  sleeping  seals  are  buoyed  up  by  an 
inflated  internal  air  bladder.    Whether  this  is  so  or  not  it  is  certain 
that  a  "sleeper"  is  more  likely  to  be  secured  after  it  is  shot  than  a 
"  traveler." 

The  male  seals  of  merchantable  size  do  not  intermingle,  I  believe,  to 
any  extent  with  the  cows  caught  off  the  coast  of  Xorth  Ameri(;a.  They 
make  their  northern  passage  sei)arate  from  tlie  others,  and  further  off 
shore.  As  they  are  more  constantly  on  the  alert  than  the  females,  the 
sealers  have  met  with  little  success  in  hunting  them.  It  is  only  the 
cow,  heavy  with  i)up,  wliich,  in  consequence  of  her  condition,  is  less 
active  and  alert,  that  falls  an  easy  prey  to  the  hunters. 

Mother  seals  heavy  with  young  are  much  easier  wuUam  u.  Long,  p. 
taken,  for  they  are  usually  asleep  on  the  water.  458. 

Q.  Why  is  it,  in  your  opinion,  that  more  female  than  male  seals  are 
killed  by  the  poacheis ? — A.  Because,  first,  in  the  ,  ^  ,. ,  ^^ 
passage  of  the  seah  to  the  islands  in  the  early  13^'"'""  ^^^^ov^doff,  p. 
season  the  female  5  travel  in  groups  and  the  males 
f^catter;  secondly,  after  arriving  ai-  t)ie  islands  the  males  remain  on  or 
about  the  hauling  grounds,  while  the  females,  having  their  pups  to 
nurse,  go  out  into  the  sea  to  obtain  food. 

Q.  flow  do  you  tell  the  skin  of  a  female  from  that  of  a  male? — A.  By 
the  nipples  .ind  general  apjiearance. 

As  I  understand  the  fact  to  be,  most  of  the  seals  killed  in  the  open 
sea  are  females.    My  reasoi's  for  this  conclusion 
are  (1)  that,  from  my  kn<;\\  ledge  of  the  seal,  1      T.  F.  Morgan,  2>.  64. 
know  that  the  female  when  heavy  with   young, 
as  they  are  during  the  early  iiavt  of  the  seaeon  when  on  their  way  to 
the  rookeries  where  they  are  delivered  during  the  months  of  June  and 
Juiy,  are  much  heavier  in  the  water  and  much  less  able  to  esca])e,  be- 
cause they  are  capable  of  reniifining  under  water  to  escape  for  a  very 
much  less  period  of  time  than  \vheu  they  are  not  heavy  with  young,  op 
than  the  male  seai  voiiid  be. 

29  b  8 


PT" 


il 


i 


Kv-     i 


IS" 

"if  t 


450 

W.  Roberta,  p.  241. 
Jack  Sitka,  p.  268. 


RESULTS. 

It  is  harder  to  take  an  old  seal  than  a  young  one, 
the  older  ones  being  more  on  the  alert  and  are 
not  less  active  when  pregnant. 

I  think  they  are  taken  because  they  are  more 
tame  and  less  active  and  more  easily  approached. 


Of  the  seals  killed,  from  60  to  70  per  cent  are  females,  which,  during 
their  northerly  migration,  are  heavy  with  young, 
Z.L.  Tanner,  p.Zli.     slow  of  movement,  and  require  an  extra  amount 
of  rest  and  sleep,  thus  largely  increasing  their  lia- 
bility to  successful  attack. 

I  have  been  told  that  it  is  easier  to  catch  the  female  seal  at  sea  than 
it  is  to  catch  the  male  seal,  but  I  have  no  personal 
EmilTeichmann,p.bii.  knowledge  of  that  point.    I  suppose,  however, 
that  there  must  be  some  foundation  for  the  state- 
ment by  reason  of  the  fact  that  so  small  a  proportion  of  malo  ;vdu't 
seals  are  included  in  what  is  called  the  Northwest  catch. 

The  female  seal  has  more  curiosity  than  the  male  seal.  \v  u  catch 
more  seals  after  two  or  three  days  of  rough 

Adoiph  W.  Thompson,  weather,  because  they  are  tired,  and  when  it  is 
P-  *^^-  cahu  the  next  day  they  are  tired  and  lie  asleep  on 

the  water. 


M.   Thlka hdayna hkee, 
p.  269. 


'  Charlie   Tlakaatan,  p. 
270. 


The  cows  are  less  active,  sleep  more,  and  are 
more  easily  captured. 

Cow  seals  sleep  sounder  on  the  water,  and  are 
less  active  and  are  easily  captured. 


Jamea  Unatajim, p.  271.      I  think  the  female  is  more  gentle,  sleeps  more, 
and  is  more  easily  captured. 

Budoiph  Walton, p.2^2.      Cows  are  more  easily  captured  because  they 
have  pups. 


Charlie  Wank,  p.  273. 


They  are  less  active,  sleep  more,  and  are  easic'" 
captured. 

It  is  my  opinion  that  female  seal  are  more  easily 
captured  and  appear  to  be  more  tame  than  the 


P.   S.  WeittenhiUer,  p. 
274. 

male  seal,  and  I  think  sleep  more. 

Ninety-live  per  cent  at  least  of  all  the  female  seals  killed  ••^re  either 
in  pup  or  have  loft  tl;eir  newly-born  pup  on  the 

Thco.  T.  Wiiiama,  p.  islands,  while  they  have  gone  out  into  the  sea  in 
*^^-  search  of  food. 

The  result  is  the  same  in  either  case.  If  the  mother  is  killed  the  pni> 
on  shore  will  linger  for  a  few  days;  some  say  as  long  as  two  or  tlireii 
weeks,  but  will  inevitably  die  before  winter.  A.11  of  the  schooners 
prefer  to  hunt  around  the  banks  where  the  feni  i  *  seal;?  ar«  feeding  to 
attempting  to  intercept  the  male  seals  on  their  v\'ay  to  inii  from  the 
hauling  grounds. 

Aside  ti'ow  tUe  greater  dilficulty  of  killing  atid  secuving  the  s^in  o( 


I 

i 


II  a  young  one, 
alert  and  are 


they  are  more 
y  ai)proached. 

which,  during 
Y  with  young, 
extra  amount 
asiug  their  lia- 


!al  at  sea  than 
ve  no  personal 
)ose,  however, 
1  for  the  state- 
of  malo  :vd;i't 


sal.  ^\'-  catch 
lays  of  rough 
bud  when  it  is 
id  lie  asleep  on 

more,  and  are 

ivater,  and  are 

e,  sleeps  more, 

because  they 

and  are  easif 


ire  more  easily 
;ame  than  the 


led  ore  either 
•n  pup  on  tlie 
nto  tlie  sea  in 

tilled  the  pui> 
8  two  or  three 
the  schooners 
iiro  feeding  to 
iHij  from  the 

!g  the  sfeiu  o( 


REASON  PREGNANT  FEMALES  ARE  TAKEN. 


451 


a  traveling  seal,  and  the  larger  proportion  of  loss  to  the  schooner,  dur- 
ing the  greater  part  of  the  sealing  season,  and  more  particularly  in  the 
Bering  8ea,  there  are  few  males  to  be  found  in  the  water. 

No  other  evidence  of  this  is  needed  than  the  observation  of  the  gen- 
tlemen who  spend  the  season  on  the  Pribilof  Islands  and  who  all  agree 
in  reporting  that  the  male  seals  remain  there,  while  the  females,  as 
800  n  as  they  are  delivered  of  their  young,  go  forth  in  search  of  foo<l. 
The  male  seal  seldom  sleeps  in  the  water  during  the  sealing  season. 
When  the  northward  migration  begins,  in  March,  the  male  seals  pursue 
their  way  with  all  diligence  to  the  rookeries,  and  arrive  there  about 
thirty  days  ahead  of  the  coming  of  the  female  seals.  It  nuist  be  plain 
from  this  that  the  opportunities  for  slaying  male  seals  that  are  travel- 
ing rapidily  through  the  water  must  be  far  less  than  for  killing  female 
seals,  who,  making  their  Avay  leisurely,  feeding  as  thej'  go,  and  resting 
frequently  because  they  are  heavy  witli  pup,  oTer  a  far  more  extensive 
target  to  the  rifle  of  the  hunter. 

The  Indians  with  whom  I  conversed  in  British  Columbia,  and  who 
had  had  a  varied  and  extensive  experience  of  sealing,  not  only  as  seal 
hunters  for  schooners,  but  wlien  out  in  search  of  food,  all  declared, 
that  the  male  seal  seldom  ate  and  never  slept  while  on  his  way  to  the 
rookeries.  They  declared  that  as  with  the  salmon  when  on  its  way  to 
the  spawning  grounds,  they  had  never  found  food  in  the  stomach  of  the 
few  male  seals  they  had  managed  to  captiire. 

So  far  as  I  was  able  to  learn,  the  terms  "sleeper'  and  "traveler"  as 
applied  to  seals,  had  their  origin  among  the  Indians.  They  declared, 
and  in  that  they  are  borne  out  by  all  of  the  white  hunters,  that  the 
seal,  when  it  is  desirous  of  resting  in  the  water,  inflates  a  bladder  in  its 
body,  which  keeps  it  afloat.  Whether  this  be  so  or  not,  makes  no  dif- 
ference, but  the  fact  is,  that  almost  the  only  way  the  Indians  have  of 
killing  seals  is  by  paddling  noiselessly  up  to  the  sleeping  animal  as  it 
floats  on  the  water,  and  spearing  it. 

Many  of  the  schooners  employ  Indian  hunters,  who  work  muchchea])cr 
than  the  whites,  who  only  use  the  spear,  and  never  attempt  to  kill  a 
traveling  seal. 

The  reports  of  their  catches  show  that  all  of  their  captures  are  fe- 
■nales.  It  could  not  well  be  otherwise,  for  the  male  seals,  in  making 
their  way  to  the  rookeries,  take  a  more  northerly  course,  and  go  with 
aU  speed,  while  the  females  move  towards  the  mouth  of  the  Columbia, 
an  I  other  large  Ashing  banks,  following  the  runs  of  fish,  or  idly  wait- 
ing until  nature  tells  them  that  the  period  of  gestation  is  about  ended, 
and  they  then  make  their  way  to  the  rookeries  to  be  delivered  of  their 
pups. 

The  large  proportion  of  females  killed  in  the  North  Pacific  is  due  to 
the  fact,  as  1  explained  before,  that  males  i)ursue 

their  way  to  the  hauling  grounds  with  dispatch,      t.  T.  Williams,  p.  495. 
while  the  females  are  more  leisurely  in  their  move- 
ments and  take  frequent  rests. 

They  are  less  active,  sleep  more,  and  are  more  Michael  Wooakoot,  p. 
easily  taken.  274. 

DESTRUCTION  OF  NURSING^  FEMALES. 
Page  209  of  Tho  Case. 

On  June  10,1886, 1  left  the  Columbia  River,  proceeding  to  UnaJaska, 


452 


RESULTS. 


M' 


m 


P  l< 


i.; 


C.  A.  Abbey,  p.  185. 


and  thence  on  the  27th  day  of  June  into  the  Bering: 
Sea,  my  destination  being  the  Pribilof,  or  Seal 
Islands.  Soon  after  leaving  Unalaska  we  began 
to  see  seals  in  the  water  about  the  steamer.  Within  seven  hours  alter 
leaving  Unalaska  I  sighted  the  schooner  Mfrra.  of  and  from  San  Fran- 
cisco, with  her  boats  out  sealing,  in  latitude  54°  20'  north,  longitude 
100°  35'  west.  Before  I  could  overliaul  her  her  boats  were  called  in 
and  all  evidences  of  sealing  were  out  of  sight.  There  were  seal-skins 
in  her  hold,  but  as  there  was  no  evidence  that  any  had  been  taken  in 
Bering  Sea,  I  disarmed  lier,  she  being  without  a  permit  for  use  of  arms 
and  ammunition,  and  let  her  go.  The  next  morning  sighted  the  schooner 
City  of  San  Diego,  of  San  Francisco,  in  latitude  55°  52'  north,  longi- 
tude 168°  25'  west.  As  she  a'  o  liad  no  permit  for  arms  and  anunu- 
nition  I  disarmed  her. 

I  then  called  at  the  Pribilof  Islands  and  cruised  about  them  for 
some  days  i;hout  seeing  any  vessels  of  any  kind.  On  the  3d  day  of 
July  cruised  i  ''  'vard,  returning  to  St.  Paul  on  the  10th;  it  was  very 
diihcult  to  finu  island  because  of  the  dense  fog.  On  the  13th  went 
south  and  west,  ileaciied  Atka  Island  on  the  15th;  thence  went  east- 
erly ahuig  the  Aleutian  Islands.  On  the  17th  seized  the  schooner  San 
Diego,  of  and  from  San  Francisco,  in  latitude  54°  4'  north  and  longi- 
tude 166°  40'  west.  She  had  577  seal-skins  on  board,  and  the  cai)tain 
confessed  to  having  taken  seals  in  Bering  Sea.  I  took  Lor  into  Unalaska 
that  night. 

On  the  26th  of  July  I  was  again  off  St.  Paul  Island,  and  the  agent 
of  the  Alaska  Commercial  Company  came  on  board  and  informed  me 
the  sealing  seasor  on  the  island  was  ended,  and  the  day  before  the 
agent  at  St.  George  Island  had  informed  me  of  the  same  fact  in  relation 
to  that  island.  On  August  1st  I  seized  a  boat  containing  three  men 
and  eight  dead  seals.  JProceeding  southeasterly,  seized  another  boat 
with  men  and  several  dead  seals  on  board.  Seizecl  the  schooner  Thorn- 
ton, of  and  from  Victoria,  British  Columbia,  in  latitude  55°  45'  north 
and  longitude  108°  25'  west.  The  two  boats  seized  belonged  to  the 
Thornton.  The  same  evening  seized  the  sciiooner  Carolena,  of  Vic- 
toria, British  Columbia,  in  about  the  same  locality.  Half  an  hour 
later  seized  four  boats  belonging  to  the  Carolena  with  dead  seals  on 
board.  That  night  spoke  schooner  TiHlight,  sealing,  but  the  captain 
stated  they  had  taken  no  seals  in  Bering  Sea,  and  on  account  of  the 
schooners  I  had  in  tow  I  was  nimble  to  overhaul  her. 

The  next  morning  at  4:10  sighted  a  schooner,  evidently  a  sealer,  but 
was  unable  to  pursue  her,  owing  to  the  fact  of  liavingthe  Thornton  and 
Carolena  in  tow.  At  4:40  a.m.  spoke  the  schooner  0/t?c«r(/,  of  Vic- 
toria, British  Columbia,  in  latitude  55°  10'  north  and  longitude  167° 
40'  west.  The  master  acknowledged  he  had  been  sealing  in  Bering 
Sea.  Boarding  her  and  linding  sealskins  and  unskinned  dead  seals 
on  board,  I  seized  her  and  took  her  also  in  tow.  At  7:20  a.  m.  sighted 
another  schooner,  but  she  fled,  and  outsailed  us.  At  11  a.  m.  sighted  a 
schooner  under  shortened  sail.  She  at  once  changed  her  course  and 
made  all  sail  southeast  and  escaped.  Reached  Unalaska  that  night. 
The  Thornton  had  on  board  four  rifles  and  six  shotguns;  the  Omcard, 
one  rifle  .and  thirteen  shotguns;  the  Caro/c»a,  four  rifles,  one  musket, 
and  Ave  shotguns.  Altogether,  the  vessels  I  seized  had  over  2,000  seal- 
skins. My  orders  made  no  distinction  as  to  seizing  English  or  Ameri- 
can vessels,  and  each  vessel  seized  received  the  same  treatment  with- 
out relation  to  the  nationality  of  its  crew  or  owner. 


Ti 


DESTRUCTION   OF   NUIISING   FEMALES. 


4r)3 


0  the  Bering: 
lof,  or  Seal 
ka  we  began 

1  hours  alter 
tu  San  Fran- 
h,  longitude 
sre  called  in 
re  seal-skins 
een  taken  in 
i"  use  of  arms 
the  schooner 
north,  longi- 
3  and  anunu- 

lut  them  for 
;he  3d  day  of 
;  it  was  very 
lie  13th  went 
tjc  went  east- 
jchooner  San 
th  and  longi- 
l  the  cai)tain 
tito  Unalaska 

lid  the  agent 
informed  me 
iy  before  the 
ct  in  relation 
ig  three  men 
iinother  boat 
ooner  Thorn- 
55°  45'  north 
oiiged  to  the 

ena,  of  Vic- 
lalf  an  hour 
cad  seals  on 

the  captain 
icount  of  the 

a  sealer,  but 
Vhornton  and 
vard^  of  Vic- 
167° 
in  Bering 
d  dead  seals 
I.  w\.  sighted 
m.  sighted  a 
r  course  and 
that  night, 
the  Omcard, 
one  musket, 
er  2,000  seal- 
ih  or  Amcii- 
ituieut  with- 


igitude 


We  entered  the  Bering  Sea  througli  the  Muckawa  Pass  about  the  1st 
of  July,  and  commenced  liunting  seals  wherever 
we  could  find  them,  among  which  were  a  great      Ghas.  Adair,  p.  400. 
many  cows  giving  milk,  which  we  killed  from  30 
to  150  miles  from  the  islands. 

I  have  no  exact  information  as  to  the  proportion  of  male  and  female 
seals  killed  by  pelagic  hunters,  but  it  is  my  firm 
conviction,  from  my  knowledge  of  the  habits  of    Geo.  R.  Adams,  p.  158. 
the  males  in  not  leaving  the  islands  during  the 
breeding  season  and  the  well-known  fact  that  mother  seals  go  great 
distances  in  search  of  food  while  nursing  their  young,  that  the  females 
are  slaughtered  in  great  numbers  during  their  journeys  to  an<l  from  the 
islands  by  pelagic  hunters. 


And  when  in  the  Bering  Sea  we  take  seals  from 
10  to  120  miles  from  the  seal  islands. 


Wm.  nendt,p.  40t. 


And  the  larger  proportion  of  those  killed  in  Bering  Sea  are  also  cows. 
Have  killed  cow  seal,  with  milk  in  them,  05  miles 
from  the  Pribilof  Islands.    *    *    *    A  few  male     Martin  Benson,  p.  i05. 
seal  are  taken,  ages  ranging  from  1  to  5  years. 
Once  in  a  while  we  catch  an  old  bull  in  the  Pacific  Ocean. 

We  came  out  of  the  Bering  Sea  the  latter  part  of  August,  and  had 
caught  about  1,700  seals  between  the  Pribilof  Isl- 
ands and  Unalaska;  we  caught  them  from  10  to     Niels  Jionde,  p.  315. 
100  or  more  miles  off  St.  George  Island. 

The  seals  caught  along  the  coast  after  the  1st  of  April  are  mostly 
pregnant  females,  and  those  caught  in  Bering  Sea 
were  females  that  had  given  birth  to  their  young.      Niels  lionde,  p.  316. 
1  often  noticed  the  milk  flowing  out  of  their  breasts 

when  being  skinned,  and  have  seen  them  killed  more  than  100  miles 
from  the  seal  islands.  I  have  seen  live  pups  cut  out  of  their  mothers 
and  live  around  on  the  decks  for  a  week. 

I  was  in  the  Bering  Sea  in  1889  on  the  S(!hooner  James  0.  Swan,  but 
did  not  use  vshotguiis.     Most  all  the  seals  we  caught 
were  cows  giving  milk.  Bowa-chup,  p.  376. 

We  entered  the  Bering  Sea  the  middle  of  May  and  captured  300 
while  in  there.     Most  of  these  were  mother  seals      ,,.  ^_„  ,.  .^  ,,  ,„  ,,  ,„,, 

.,,    .,     .     ,  J.    i-  11     i-       -ii  J  nun.  Bradley,  i>.  lOb. 

Avith  their  breasts  lull  ot  milk. 

We  did  not  capture  any  gravid  seals  in  the  Bering  Sea.    Nearly  all 
the  seals  taken  in  Bering  Sea  were  cows  in  milk. 
We  cajitured  a  few  young  seals  in  the  sea  of     Hvnry  Brown,  p.  317. 
both  sexes. 

I  hunted  in  Bering  Sea  in  1889  (that  being  the  only  year  I  ever  went 
to  that  sea)  and  hunted  seals  witli  spears  about 
70  miles  southwest  off'  the  islands,  and  our  catch    I'vtvr  Broun,  p.  377. 
was  nearly  all  cows  that  had  given  birth  to  t!ieir 
young  and  had  milk  in  their  teats. 


PT 


iii'-'  1 


'% 


r.  '!•; 


454 


RESULTS. 


We  entered  the  sea  along  about  tbe  1st  of  May  and  cauglit  between 

000  and  700  seals  from  30  to  150  miles  oft"  the  seal 
^^ihoa.ihown,  ^o.  2,  p.  j^iands,  and  four  out  of  Ave  were  females  in  milk. 

1  saw  the  milk  running  on  the  deck  when  we 
skinned  them. 

Have  killed  cows  with  milk  about  60  miles  off 
Chaa.  CampheU,  p.  256.  the  Pribllof  Islands.    A  few  old  bulls  were  killed 
by  me  last  season. 

And  that  80  per  cent  of  seals  shot  in  Bering  Sea  from  July  1  to  Sep- 
tember 15  are  females,  most  of  which  have  given 

Joh>iC.Cantweii,pAOl.  birth  to  their  young  and  are  mostly  caught  while 
feeding  at  various  distances  from  land. 

At  least  7  out  of  8  seals  caught  in  the  Bering 
Sea  were  mothers  in  milk. 

I  caught  a  great  many  cow  seals  that  were  giving 
milk.  Most  all  the  seals  we  caught  in  the  sea 
were  giving  milk. 


Chas.  Challall,  p.  411. 

While  in  the  sea 

Circita  Jim,  p.  380. 


In  1887,  about  the  1st  of  June,  I  went  into  the  liering  Sea  in  my  own 
schooner,  the  Lottie,  and  luuited  about  60  miles 
Jas.  Claplaiihoo,  p.d82.  off"  the  islands  and  secured  about  700  seals,  njost 
all  of  which  weie  cows  in  milk.    These  cows  had 
milk  in  their  breasts,  but  had  no  pups  in  them.    1  returned  to  the  Be- 
ring Sea  in  my  own  boat,  the  Lottie,  in  1880,  and  also  in  1891,  and 
sealed  all  the  way  from  100  to  180  miles  from  the  St.  George  and  St. 
Paul  islands.    The  catch  of  these  two  years  were  of  about  the  same 
character  as  those  caught  in  1887,  and  were  mostly  females  that  had 
given  birth  to  their  young  and  were  in  milk. 

We  entered  the  sea  through  the  Unimak  Pass,  and  captured  therein 
T^,.to  n,.ii^  r.  191        about  40  seals,  most  all  of  which  had  milk  in 
their  breasts. 

We  left  Victoria  in  January  and  went  south  to  Cape  Flattery  and 

Cape  Blanco,  sealing  around  there  about  two 

John  Daiton,  p.  417.      months,  wheu  we  went  north,  sealing  all  the  way 

up  to  the  Bering  Sea.         #        *        #         ^ie 

entered  the  sea  to  the  best  of  my  recollection  about  June,  and  caught 

about  900  seals  in  there,  two-tliirds  of  which  were  mother  seals  with 

their  breasts  full  of  milk.    I  saw  the  milk  flowing  on  the  deck  when 

we  skinned  them. 

John  Ballon,  p.  418.  The  waters  were  fuP  of  them  at  that  time.    We 

caught  them  from  50  to  60  miles  off'  the  seal  islands. 

We  only  got  three  seals  with  pups  in  them  in  the  Bering  Sea.    Most 

all  of  them  were  females  that  had  given  birth  to 

Alfred  Dardean, p. '622.  their  young  on  the  islands,  and  the  milk  would 

run  out  of  the  teats  on  the  deck  when  we  wonld 

skin  them.    We  caught  female  seals  in  milk  more  than  100  miles  off  the 

Pribilof  Islands. 


Frank  Davia,  p.  383. 


But  the  seals  I  caught  in  Bering  Sea  nere  most 
all  cows  in  milk. 


ght  between 
s  oft"  the  seal 
lales  ill  milk. 
3k  when  we 


60  miles  oflf 
}  were  killed 


ily  1  to  Sep- 
i  have  given 
laught  while 
d. 

I  the  Bering 


were  giving 
t  in  the  sea 


a  in  ray  own 
>ut  60  miles 
seals,  most 
se  cows  had 
1  to  the  Be- 
in  1891,  and 
rge  and  St. 
it  the  same 
%s  that  had 


red  therein 
ad  milk  in 


attery  and 
about  two 

all  the  way 
»         We 

and  caught 
seals  with 

deck  when 


time.    We 
eal  islands. 

Sea.  Most 
3n  birth  to 
nilk  would 
we  would 
iles  off  the 


nere  most 


DESTRUCTION   OF   NURSING   FEMALES.  455 

I  have  hunted  seals  in  the  Boring  Sea  for  one  season  only.    I  went 
there  in  the  schooner  James  G.  Sican  in  188!>. 
Most  of  the  seals  that  we  captured  there  that   Jeff  Davis,  p.  3M. 
season  were  cows  giving  milk.    I  do  not  know 
where  their  pups  were.    I  never  caught  any  gray  pups  in  the  sea. 

The  proportion  of  female  seals  killed  in  the  Bering  Sea  is  equally 
large,  but  the  destruction  to  seal  life  is  much 
greater,  owing  to  the  fact  that  when  a  mother     Jamea  U.  Douglass  p. 
seal  is  killed  her  sucking  pup  left  at  the  rookery  420. 
also  perishes.    Impregnation  having  also  taken 
place  before  she  left  the  rookery  in  search  of  food,  the  fcetus  of  the 
next  year's  birth  is  likewise  destroyed. 

We  left  San  Francisco  and  fished  up  the  coast  until  we  entered  the 
Bering  Sea,  in  July,  and  sealed  about  the  sea  until 
we  were  driven  off  by  the  revenue-cutter  Corwin.     Peter  ^uffy,  p.  421. 
From  there  we  went  to  the  Copper  Islands.    Our 
whole  catch  amounted  to  900  skins,  and  we  killed  most  of  them  with  rifles. 
We  only  got  about  one  out  of  eight  that  we  shot  at,  and  they  were 
most  all  females  giving  milk  or  in  pup.    When  we  cut  the  hide  off  you 
could  see  the  milk  running  from  the  breasts  of  the  seals.    The  second 
year  we  got  over  1,300  skins ;  some  of  them  were  cows  with  pups  in 
them,  and  most  all  the  rest  were  cows  giving  milk,  and  some  of  the 
latter  we  killed  as  far  from  the  rookeries  as  Unimak  Pass. 


Mostly  all  the  females  killed  has  unborn  pups  or  were  cows  giving 
milk.    We  did  not  kill  any  on  the  islands.    We      miliam  Frazer,  pA27 
never  went  in  close  enough.    •    *    * 

The  next  trip  was  on  tbe  G.  G.  White  Tiiat  trip  we  entered  the 
Bering  Sea  on  the  Russian  side,  and  hunted  all  the  coast  of  Japan  to 
the  Bering  Sea.  I  do  not  know  if  we  were  on  the  American  side  or  not. 
We  got  about  600  seals  on  that  trip.  They  were  nearly  all  females.  I 
noticed  when  we  skinned  them  that  they  were  females  in  milk,  as  the 
milk  would  run  from  their  breasts  on  to  the  decks. 

We  entered  the  Bering  Sea  about  April  and  we  got  795  in  tl.ere,  the 
largest  j)ait  of  which  wert;  mother  seals  in  milk. 
When  we  were  skinning  them  the  milk  would     John  Fyfe,  p.  429. 
run  on  the  deck. 


I  know  that  fully  75  per  cent  of  those  we  caught 
in  the  Bering  Sea  were  cows  in  milk. 


Thoa.  Gibson,  p.  432. 


We  entered  the  Bering  Sea  on  the  13th  July,  through  the  Unimak 
Pass,  and  captured  between  900  and  1,000  seals 
therein,  most  of  which  were  females  in  milk.  Arthur  Griffin,  p.  325. 

We  entered  the  sea  on  July  12,  through  TJna- 
mak  Pass,  and  captured  about  800  seals  in  those  waters,  about  90  per 
cent  of  which  were  females  in  milk. 

My  own  observation  and  the  information  obtained  from  seal  hunters 
convince  me  that  fully  90  per  cent  of  the  seals 
found  swimming  in  the  Bering  Sea  during  the     M.  A.  ileal;/,  p.  28. 
breeding  season  are  females  in  search  of  food,  and 
their  slaughter  results  in  the  destruction  of  her  young  by  starvation. 


1   *»   »*i»lV 


45G 


Wm.  Hermann,  p.  446. 


RESULTS. 

Nearly  all  the  seals  killed  in  the  water  before 
the  middle  of  June  are  cows  in  pnp,  and  after  that, 
mothers  giving  milk. 


While  in  Bering  Sea  we  cruised  around  the  Pribilof  Islands  in  all 
directions,  often  coming  within  view  of  them,  but 
?/b»ma«f/orfr/son, p. 307. never  landing  or  making  any  attempt  to  do  so. 
The  proportion  of  females  taken  to  males  was 
about  70  per  cent,  more  than  two  thirds  of  these  being  nursing  cows, 
while  the  remainder  were  two-year-olds  and  yearlings.    On  lirst  enter- 
ing the  sea  an  occasional  ])regnant  cow  would  be  taken,  but  this  was 
uncommon.    Of  the  males  taken  in  the  Bering  Sea  the  numbers  of  year- 
lings and  very  young  bachelors  was  about  equal;  no  bulls  were  ever 
taken. 

We  arrived  in  the  sea  sometime  in  July.    When  we  first  entered 

Bering  Sea,  we  went  directto  St.  Mathews  Islands. 

o.  Holm,  p.  308.  As  near  as  1  know,  seal  Avere  taken  last  year  from 

GO  to  100  miles  from  the  Pribilof  Islands.    Most 

all  the  seals  taken  in  Bering  Sea  were  females  with  milk.    But  one  old 

bull  was  taken,  and  two  young  males,  but  no  females  with  pup. 

And  that  those  that  I  secured  in  the  Bering  Sea  were  nearly  all 

fenmles  that  had  given  birth  to  their  young  and 

Alfred  Irving,  p.  iise.      were  in  milk.     Our  vessel  captured  about  460 

seals  at  a  distance  of  about  100  miles  from  the 

Pribilof  Islands,  most  all  of  which  were  cows  in  milk. 


I  have  killed   female  seals  with  milk  200  miles  from  the  Pribilof 
Jackobaon    p.   Islands.    I  think  of  the  seals  taken  by  me  that 
three  in  five  are  females,  and  nearly  all  with  pup. 


Victor 
328. 


We  captured  about  SOO  seals  at  a  distance  from  the  rookeries  on  the 

Pribilof  Islands  of  from  20  miles  to  200  miles; 

Jas.Jamicson.p.  329.     about  three-fourths  of  the  catch  in  the  sea  waa 

female  seals  in  milk,  the  balance  consisting  of 

yearlings  and  male  seals. 

Nearly  our  whole  catch  in  the  Bering  Sea,  after  the  first  of  July 

each  year,  were  females,  and  nearly  all  of  them 

Jo8.  Jamieson,  J).  331.     in  milk,  and  had  evidently  given  birth  to  their 

young  but  a  short  time  before.    The  milk  would 

run  out  on  the  deck  a^;  we  skinned  them. 

We  entered  the  sea  and  caught  about  1,000  in  there.  We  sealed  all 
over  on  this  side  of  the  Bering  Sea,  sometimes 

Jas.  Eean,  p.  448.  being  over  150  miles  oif  the  seal  islands,  rnd 
sometimes  we  were  closer.  I  did  not  pay  .any  at- 
tention to  the  proportion  of  females,  but  I  know  we  skinned  a 
great  many  that  were  giving  milk,  because  the  milk  would  run  from 
their  breasts  onto  the  deck  when  they  were  being  skinned.  We  killed 
mother  seals  in  milk  over  100  miles  from  the  seal  islands.  We  gener- 
ally shoot  them  when  they  are  asleep  on  the  water.    *    *    * 

We  caught  between  300  and  400  seals  on  the  coast,  and  600  in  the 
Bering  Sea.  We  sealed  on  the  American  side  of  the  Bering  Sea 
around  the  Pribilof  Islands,  anywhere  from  10  to  150  miles  oflF.  The 
ca])ture  of  1890  was  about  the  same  in  proportion  to  sex  as  the  year 
before. 


DESTRUCTION   OF   NURSING   FEMALES. 


457 


i^! 


eater  before 
id  after  that, 

lands  in  all 
of  them,  but 

•t    to    do    80. 

males  was 
irsing  cows, 
1  lirst  enter- 
nt  this  was 
[>ers  of  year- 
8  were  ever 

rst  entered 
3WS  Islands. 
st  year  from 
mds.  Most 
But  one  old 
pup. 

J  nearly  all 

young  and 

about  400 

ss  from  the 


he  Pribilof 
)y  me  that 
with  pup. 

ries  on  the 
200  miles; 
te  sea  waa 
nsisting  of 


st  of  July 

1  of  them 

th  to  their 

lilk  would 


sealed  all 
sometimes 
ands,  rnd 
ay  any  at- 
ikinned  a 
run  from 
We  killed 
Ve  gener- 

00  in  the 
ring  Sea 
off.     The 

1  the  year 


Wo  entered  the  Bering  Sea  about  the  latter  part  of  July  and  captured 
200  seals  from  20  to  100  miles  off  the  seal  islaiuls. 
A  large  proportion  of  them  were  females  nursing   j^^  Kennedy  p.  4ii). 
their  young,  and  their  teats  were  large  and  full  of        '  >   •• 

milk. 

I  have  observed  that  those  killed  in  the  North  Pacific  were  mostly 
females  carrying  their  young,  and  were  generally   j^^  Kieman^  p.  450. 
caught  while  asleep  on  the  water. 

The  same  day  after  a  chase  of  an  hour,  we  wei-e  seized  by  the  TJ.  S.  S. 
Mohican.    The  totfil  catch  of  seals  at  the  time  of 
seizure  was  48,  and  at  least  20  were  females,  the     Francis  li.  lung-Uaii, 
majority  of  which  were  in  milk.    All  the  seals  P-  '^^^• 
were  taken  from  120  to  180  miles  from  St.  George  Island. 

When  in  Bering  Sea  we  are  usually  from  50     Anclrew  Laing,p.  33D, 
to  150  miles  from  Pribilof  Islands. 


I  have  killed  females  in  milk  in  Unimak  Pass, 
and  even  out  in  the  Pacific  Ocean,  200  miles  from 
the  land. 


E.  N.  Lawson,  p.  221. 


In  Bering  Sea,  where  we  obtained  about  400  skins,  males  and  females 
in  about  equal  numbers  were  taken.    The  females 
were  mostly  nursing  cows,  wliile  the  males  were     Jaa.E,  Lennan,p.  370. 
young  ones,  between  the  ages  of  2  and  5  years. 

Another  fact  in  connection  with  open-sea  sealing  is  that  the  great 
majority  of  seals  killed  are  females,  and  that  a 
great  part  of  the  females  are  pregnant,  or  in  milk.      ^-  P.  Loud,  p.  39. 
The  milking  females  are  most  all  killed  while  vis- 
iting the  feeding  grounds,  which  are  distant  40  or  GO  miles,  or  even 
farther  from  the  islands.    The  female  necessarily  feeds  so  she  can  sup- 
ply nourishment  for  her  young,  while  the  males  during  the  sununer 
seldom  leave  the  islands.    This  accounts  for  the  large  luimber  of  females 
killed  in  Bering  Sea. 

When  we  skinned  the  females  that  we  killed  in  Bering  Sea  we  would 


Wm.  McTsaac,  p.  461. 


find  they  were  mothers  in  milk,  as  the  milk  was 
running  out  of  their  teats.  *  *  *  We  would 
catch  them  all  the  way  from  100  to  300  miles  off  the  seal  islands. 


We  entered  the  sea  about  the  middle  of  June  .and  sealed  around  the 
Pribilof  Islands,  sealing  from  5  to  10  miles  and 
sometimes  40  miles  off  the  islands.    I  do  not  re-  ^f'm.  McLauyhUn,  p.  4G2. 
member  the  number  of  seals  that  we  got  in  the 
Bering  Sea,  but  they  were  mostly  mother  seals  with  their  breasts  full 
of  milk. 

Q.  Did  you  ever  kill  any  seals  later  in  the  sea-     Alexander  McLean,  p. 
son  that  were  giving  milk? — A.  Yes,  sir.  437. 

The  following  is  an  extract  from  my  notebook  during  the  nine  days' 
hunt  in  Bering  Sea,  from  August  23  to  31,  in  the 
waters  about  40  t«  60  miles  from  the  entrance  to  337  ^"'''^-  ^'-"^"""^'i'- 
Unalaska  harbor,  and  40  to  50  miles  off  Akutan 


458 


RESULTS. 


i 

? 

ri 

■Ir-r" 

Ij 

i     J 

1 

}         *■ 

Cm' 

Wi»l 

^/ 

Island,  Aleutian  chain,  or  from  LW  to  UOO  ii.iles  from  tlic  Pribilof 
Islands. 

8unday,  August  23,  wind  light;  jnisty;  rain.  7:30  a.  m.,  sighted 
seals  to  west.  iSecoud  boat  lowered;  killed  one  seal  in  sight  of  vessel. 
First  boat  and  (!Jinoe  lowered;  out  all  day,  returning  to  meals.  Itesult 
of  day's  hunt:  Second  boat,  one  seal.  Seals  sporting  round  vessel;  a 
great  many  shots  fired  by  boats. 

Monday,  August  24,  clear  weather;  calmer  sea.  Boats  and  canoe  out 
all  day  from  7  a.  m.  (returning  to  dinner),  llesult:  First  boat,  one  seal; 
rei»ortcd  having  lost  two.  Second  boat,  none.  ludiau  canoe,  one  seal. 
Total,  2  jnediums;  a  great  deal  of  firing  heard. 

Tuesday,  August  25,  rain  in  morning.  lioats  and  canoe  out  at  half 
past  9  o'clock ;  out  all  day  (returning  to  dinner).  Kesult:  First  boat, 
two  seals  reported,  wounded  aud  lost  five;  seals  said  to  be  shy  and 
wary,  and  not  so  numerous  as  formerly;  attention  called  to  cow  seal 
being  skinned  (which  1  had  taken  for  a  young  bull).  The  snow  white 
milk  running  down  blood-stained  deck  was  a  sickening  sight.  Indian 
canoe,  one  seal.    Total,  3  seals;  2  mediums  and  1  cow. 

Wednesday,  August  26,  cloudy  morning;  seals  floating  round 
schooner.  Boats  and  canoo  out  all  day.  Kesult:  First  boat,  1  seal; 
second  boat,  none;  Indian  canoe,  10  seals;  total,  11  seals;  Scows  in 
milk,  and  3  medium.  Skipper  in  first  boat  blamed  the  powder.  Second 
boat  said  it  was  too  heavy  and  clumsy  for  the  work.  Skipper  reported 
having  wounded  and  lost  7,  and  the  men  in  second  boat  9  ditto,  10  in 
all.  Skii)per  said  seals  not  so  numerous  as  formerly,  more  shy;  also 
blamed  the  powder.  Evidently  a  great  deal  of  shooting  and  very  few 
seals  to  correspond. 

Thursday,  August  27,  seals  to  all  appearances  very  scarce,  species 
being  exterminated,  so  to  judge  from  the  skipper's  remarks.  Weather 
fine  and  clear.  Boats  and  canoe  out;  returned  at  noon,  consequence  of 
rough  sea.  Itesult:  First  boat,  1;  second  boat,  none;  Indian  canoe,  2 
seals;  total,  3  seals.  Again  in  favor  of  Indian  spear.  Powder  blamed 
again.  Tired  of  such  excuses.  So  far  have  not  found  one  word  of  truth 
in  anything  I've  heard  previously  about  open  sea  seal-hunting. 

Friday,  August  28,  rain  and  heavy  sea  in  morning,  cleared  in  after- 
noon; boats  and  canoe  out  in  afternoon;  returned  at  6  p.  m.  No  skins, 
although  a  great  deal  of  shooting  going  on.  First  boat  reported  hav- 
ing wounded  and  lost  three  seals ;  blamed  powder.  Poor  powder.  It 
takes,  judging  from  the  number  of  shots  fired,  about  a  hundred  to  secure 
one  seal. 

Saturday,  August  29,  ship's  cook  brought  down  from  deck  a  large 
cow  seal  at  40  yards  rise.  Boats  and  canoe  out  all  day;  fine,  clear, 
balmy  weather;  Aukatan  Island  in  sight.  Result:  Firat  boat,  three 
seals;  second  boat,  three  seals;  cook  from  deck,  one;  Indian  canoe,  ten; 
total  catch,  seventeen  seals,  greater  proportion  cows  in  milk ;  horrid 
sight,  could  not  stay  the  ordeal  out  till  all  were  flayed.  A  large  num- 
ber reported  as  wounded  and  lost.  According  to  appearances,  slaughter 
indiscriminate. 

Sunday,  August  30,  fine  clear  morning;  hazy  toward  Aukatan.  At 
6  o'clock  a  cry  "  Here's  the  cruiser  "  to  the  eastward.  Boats  and  canoe 
oifat  7  o'clock;  at  8  o'clock  I  could  see  the  deck  of  the  steamer  bearing 
down  on  us  about  8  miles  oft'.  Boats  recalled.  The  Indians  returned 
about  9  o'clock,  greatly  excited;  went  out  again  when  the  steamer 
sheered  oft'  towards  Unalaska  Harbor.  Result  of  hunt :  First  boat,  two 
seals;  second  boat,  onej  Indian  canoe,  seven;  total,  ten  seals,  seven  of 


tlie  Tribilof 

ni.,  sigii<^o(l 
lit  of  vessel, 
ills.  Itesult 
1(1  vessel;  a 

1(1  canoe  out 
at,  one  seal; 
oe,  one  seal. 

s  out  at  half 
First  boat, 
be  sliy  and 
to  cow  seal 
snow  white 
ht.    Indian 

ing  round 
>oat,  1  seal ; 
;  8  cows  in 
Br.  Second 
er  reported 
ditto,  1(J  in 
i  shy;  also 
id  very  few 

• 

'ce,  species 
Weather 
sequence  of 
m  canoe,  2 
ler  blamed 
rd  of  truth 
ng. 

sd  in  after- 
No  skins, 
orted  hav- 
[)wder.  It 
i  to  secure 

ck  a  Large 
fine,  clear, 
oat,  three 
!anoe,  ten ; 
Ik;  horrid 
arge  num- 
slaughter 

atan.  At 
and  canoe 
er  bearing 
returned 
!  steamer 
boat,  two 
I,  seven  of 


DESTRIUJTION    OF    NUKSINO    FEMALES. 


459 


which  were  cows  in  milk      Several,  as  usual,  reported  wounded  and 
lost  by  the  boats.    The  great  superiority  of  the  Indian  spear  evident. 
Monday,  August  31,  cai)tured  by  the  U.  S.  S.  Mohican  3:30  p.  m.j  uo 
hunting. 

And  those  we  caught  in  the  Bering  Sea  were    Patrick  Ma)-onetj,pA(H. 
niostlyallfenialeswithmilkintheirbreasts.  *  *  * 

The  next  season,  1890,  we  got  on  the  way  up  between  100  and  200 
seals,  and  then  we  entered  the  Bering  Sea  about  the  ISth  or  10th  of 
July,  and  I  caught  00  seals,  mostly  all  females.    *    *    * 

When  we  were  in  Bering  Sea  we  hunted  from  40  to  200  miles  oil"  the 
seal  islands. 

We  caught  a  few  seals  in  the  Bering  Sea  and  then  were  ordered  out 
and    sent  back  to    V^ictoria.    Those  that  were 
caught  in  the  Bering  Sea  were  mostly  females     Jicnry  Mason,  p.  iG5. 
and  had  had  pups  and  were  in  milk.    •    •    • 

About  two-thirds  of  those  caught  in  the  Boring  Sea  were  females 
that  had  big  teats  and  w(3re  giving  milk.    We 
could  t(^ll  that  when  we  were  skinning  them,  be-      Wm.  Mason,  p.  466. 
cause  the  milk  would  run  out  on  the  decks. 

We  sealed  around  ITnalaska,  but  did  not  go  toward  the  Pribilof  Is- 
lands.   We  caught  1,900  seals,  all  of  which  were 
captured  in  the  sea,  close  to  IJnalaska;  most  all      Moses,  p.  310. 
of  them  were  cows  in  milk;  but  when  we  first  en- 
tered the  sea  we  killed  a  few  cows  that  had  ]mi)s  in  them.    *    *    • 
That  year  we  sealed  east  of  the  island  and  caught  about  8()(>  seals.    I 
do  not  know  how  far  we  were  from  the  islands,  for  we  could  not  see 
them.    The  seals  we  caught  were  mostly  cows  with  milk. 


I  believe  the  majority  of  seals  captured  by 
white  hunters  in  Bering  Sea  are  females  in  search 
of  food. 


Morris  Moss,  p.  342. 


I  was  sealing  in  the  Bering  Sea  during  July,  August,  and  S(;iitem- 
ber,  1885  and  1886.    I  was  cruising  in  the  Bering 
Sea  around  about  the  Piibilof  Islands,  and  from     mies  Kelson,  p.  iG9. 
100  to  300  miles  off.    The  principal  portion  of  the 
cruising  was  between  tlie  Aleutian  Islands  and  the  Pribilof  Islands. 
One  of  the  princii»al  sealing  grounds  is  ofi'  Bogoslof. 

We  entered  the  Bering  Sea  the  latter  end  of  May,  and  caught  about 
700  seals  in  the  Bering  Sea,  mostly  all  of  them 
being  females  in  milk.    I  saw  the  milk  flowing  on      John  O'Brien,  p.  470. 
the  deck  when  they  were  skinned,    *    *    *    i 
could  not  tell  how  far  off  we  caught  them  from  the  seal  islands,  as  I 
did  not  know  the  distances.    At  that  time  there  were  lots  of  seals  in 
the  water. 

After  entering  the  sea  we  got  one  female  with  a  very  large  pup, 
which  1  took  out  alive  and  kept  it  for  three  or 
four  days,  when  it  die(i,  as  it  would  not  eat  any-     John  Olsen,  p.  471. 
thing.    All  the  others  had  given  birth  to  their 
young  and  their  breasts  were  full  of  milk. 


IT 


if 


460 


KK8ULT8. 


We  ciipturoil  about  4,700  seals,  most  all  of  which  were  cow  seals 
f;ivinjj  milk.    The  majoiity  of  the  seals  we  eaitj^ht 

Oalif,  p.  391.  ill  the  Bering  Sea  were  cows  that  had  given  birth 

to  tlieir  young.  We  «'ai>ture<l  these  at  a  distauco 
of  ab(mt  100  miles  away  from  the  I'ribilof  Islands. 
•  ••**•• 

About  four  years  ago  I  went  to  IJehring  Sea  as  a  hunter  in  the  seal- 
ing srhooiu!r  Clmllenper,  Williams,  master.  We  caught  about  2,000 
seals,  most  of  which  were  cows  in  milk. 


The  seals  taken  in  leering  Sea  are  nearly  all  grown.    We  get  bnt 

very  few  young  seals.    J  think  we  (latch  in  JJering 

JVin.  Parker,  p. 'Ml.        Sea  more  males  in  proportion  to  females  than  we 

do  on  the  const.    We  catch  a  good  many  females 

in  Bering  Sea  that  have  given  birth  to  their  young  on  the  islands  and 

Avere  in  milk.    1  have  caught  plenty  of  cow  seals  in  milk  a  hundred 

miles  or  more  from  the  islands,  but  seldom  get  any  that  have  a  pup  iu 

them  in  t\icz&  waters. 

We  entered  the  Bering  Sea  about  the  ir»th  of  August  through  the 
Unimak   Pass  and  captured  therein  1,404  seals, 
Chan.  Peterson,  p.  345.   most  of  which  were  cows  in  milk,     On  that  voy- 
age we  caught  female  seals  in  milk  over  80  miles 
from  the  rookeries,  where  they  had  left  their  y(mng.    #     *    * 

j  have  seen  the  deck  almost  tlooded  with  milk  Avhile  we  were  s^     ning 
the  seals.     We  entered  the  sea  and  secured  about  10  seals,  all  4ch 

were  females  in  milk. 

The  seals  Ave  captured  in  Bering  Sea  were  fidly  80  per  cent  females 

that  had  given  birth  to  their  young.    A  fact  that 

Edwin  P.  Porter,  p.  sn.  1  often  noticed  was  that  their  teats  would  be  full 

of  milk  when  I  skinned  them,  and  I  have  seen 

them  killed  from  20  to  100  miles  from  the  seal  Islands. 

Q.  How  do  you  know  that  the  marauders  kill  females  principally? — 

A.  1  know  tiuit  the  females,  alter  giving  birth  to 

J.  C.  Redpath,  p.  UO.      their  young  ou  the  rookeries,  frequent  the  o])en 

sea  in  search  of  food,  whereas  the  males  frequent 

the  hauling  gx'ounds  or  waters  immediately  around  it.    At  vari«ms 

times  I  have  seen  skins  which  were  seized  by  the  catters  from  the 

poachers,  and  they  were  substantially  fenmle  skins. 

I  have  been  in  Bering  Sea  but  a  part,  of  one  season.    Of  the  seals 
II'  jf^h.,.i.  ^  oAt         taken  about one-thrd  were males,one-third females 
with  young,  one-third  barren  and  yearlings. 

I  have  taken  nursing  females  when  as  much  as  100  miles  from  Pribi- 

lof  Islands. 

I  estimate  that  the  seals  killed  by  ]>elagie  hunters  are  at  least  90  per 

cent  females;  this  estimate  is  based  on  the  great 

T.  F.  Pijan,  p.  175.         number  of  motherless  pui>s  I  have  observed  on 

the  rookei'ies,  and  also  on  statements  made  to  me 

by  many  engaged  in  pelagic  sealing  whom  I  met  and  conversed  with 

at  Unalaska. 


.,  ■- 


DESTUUCTION    OF    NIJRSINO    IM', MALES. 


40 1 


re  cow  Heals 
iil8  we  caufflit 
(1  given  birtli 
at  ii  ilistaiieo 
bilof  Islands. 
• 

r  in  the  seal- 
^  about  2,000 


We  pret  but 
tell  in  JJering 
ales  than  we 
iiany  fenialea 
^  islands  and 
k  a  liundred 
ave  a  pup  in 


tlirougli  tlie 

1,404  seals, 

On  that  voy- 

)ver  SO  miles 

*    * 


ere  s'' 
all 


'ling 
"icli 


ent  females 

A  tiutt  that 

ould  be  full 

I  have  seen 


incipally? — 
ing  birth  to 
it  the  o])eii 
les  frequent 
At  various 
s  from  the 


f  the  seals 
lird  females 
flings. 

from  Pribi- 

east  90  per 
ti  the  gieat 
>served  on 
nade  to  me 
ersed  with 


Pursuant  to  orders  received  from  the  Treasury  Department,  I  sailed 
from  San  l^raneiseo  Jnne4,  IcSST,  aniviiig  at  Una- 
laska  on  the  I'lth  of  that  inontii.  On  tiie  l.Sth  [  /-  G.Shepanl,  p.  ls7. 
commenced  cruising  in  I'.eriiig  Sea.  I  lu'veby  ap- 
pend to  and  make  a  part  of  tliis  allidavita  table,  maiked  A,  giving  the 
names  of  tiie  vessels  s(M/ed  by  me  in  Bering  Sea  whiles  violating  the 
law  «»f  the  United  States  in  relation  to  the  taking  of  fur-bearing  ani- 
mals (all  these  vessels  so  seized  were  unmistakai)Iy  engaged  in  seal- 
ing), together  with  the  date  of  the  seizure  in  eacii  ease,  tlie  nationality, 
rig,  tonnage,  hailing  port,  mastei-,  and  managing  owner  of  each  vessel, 
the  h)ngitnde  and  latitude  in  which  each  vessel  was  seiz«'d,  the  whilts 
men,  [ndians,  ami  dhinameu  on  board  at  the  tinu)  of  seizure,  the  num- 
ber of  seal-skins  and  the  weapons  on  each  vessel.  In  the  cases  of  rlie 
€h(ill(H(/(;  Anna  Heck,  W.  /*.  kat/icard,  Ihtlphin,  Lilly L.,  (J ran;  and  Son, 
t/o«t' the  vessels  were  towed  to  Llnalaska,  and  their  sealskins  and  arms 
were  taken  from  them,  and  they  wens  sent  to  Sitka.  The  IJlhn,  Alhert, 
AdaniK,  Annie,  Alpha,  an<l  the  Kate  and  Anna  were  disarmed  and  the 
sealskins  taken  on  board  th«j  liiish  at  the  time  and  place<)f  seizure,  and 
they  too  were  s«Mit  to  Sitka.  All  these  vessels  reported  thert',  except 
the  Kllcn  and  San  Jose,  going  to  San  Francisco,  and  the  Albert  Adams, 
to  Victoria,  liiitish  C(duntbia.  1  again  sailed  from  San  Fiancisco  tlui 
3d  of  July,  188S,  and  entered  IltMing  Sea  about  the  l<>tli  of  the  same 
month.  Owing  to  the  large  number  of  vessels  seized  in  1.S87,  very 
few  sealing  vessels  entered  Jiering  Sc.i  to  take  seals  in  ISSH,  and  E 
made  no  seizures.  1  oidy  saw  two  vcssscis  in  the  sea  during  that  sea- 
son, one  of  which,  the  Juanita,  of  Victoria,  P.ritish  Columbia,  was  en- 
gaged in  taking  seal  at  the  time  we  sighted  her,  whicth  was  August  a, 
in  latitude  Afo  3S"  north,  longitude  lOiP  o-i"  Avest.  Tn  1S8!>  1  again 
sailed  from  San  Francisco  for  Bering  Sea  on  June  1,  and  arrived  at 
Unalaska  June  10.  Began  cruising  in  the  sea  eight  days  later.  I 
hereby  append  to  and  make,  a  ])art  of  this  atlidavit  a  table  marked  B, 
giving  the  names  of  the  vessels  seized  by  me  in  Bering  Sea  wiiile  vio- 
lating the  laws  of  the  United  States  in  relation  to  the  taking  of  fur- 
bearing  animals,  together  with  the  date  <)f  seizur(%  nationality,  rig,  ton- 
nage, hailing  port,  master,  managing  owner,  latitude  and  hmgitude  in 
whicli  seized,  and  the  white  men  and  Indians  on  board  at  the  time  of 
seizure,  the  numiier  of  seal-skins  and  weai)ons  on  each  vessel  seized. 
In  nearly  every  case  of  those  vessels  named  in  Table  B  they  had  boats 
out  engaged  in  sealing.  All  of  them  were  ordered  to  go  to  Sitka,  but 
none  of  them  ro])orted  there,  all  going  to  their  home  ports.  The  Blaek 
Diamond,  the  Minnie,  and  the  Pathfinder  were  each  placed  in  charge  of  a 
special  United  States  olUcer,  who  protested  in  vain  against  the  non- 
compliance with  the  instructions  given  to  proceed  to  Sitka.  The  Min- 
nie, in  spite  of  the  otiicer  on  board,  continued  sailing  in  Beiing  Sea 
until  August  17,  and  secured  during  that  time  478  seal-skins. 

1  hereby  append  to  and  make  part  of  this  allidavit  the  number  and 
names  of  vessels  Utted  out  for  sealing  boarde<l  and  examined  by  me  in 
Bering  Sea  or  the  waters  of  Alaska  Territory  during  the  sealing  season  of 
1881>,  together  with  the  date  of  such  boarding,  nationality  of  the  vessel, 
rig,  toujiage,  hailing  port,  nuister,  owner,  latitude  and  longitude,  Avhite 
men  and  Indians  on  board,  seal-skins  and  weapons  found.  The  last 
three  columns  of  said  table  are  incomplete,  from  the  fact  that  the  oflS- 
cers  boarding  failed  to  get  detiiute  statements  on  these  jioints.  They 
wore  not  seized,  because  evidence  was  wanting  as  to  their  having 
actually  sealed  in  Bering  Sea. 


I, 


462 


RESULTS. 


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DESTRUCTION   OF   NURSING   f  iiMALES. 


463 


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s  is 

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464 


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fig 


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RESULTS. 


5-3  S 


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■  k-XM 


y3   .  t/i  >■  Ch  i/j  t>  tn  «3  f> 


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K        r-i  ^*        r^  r-1  H 


^ 


DESTRUCTION   OF    NURSING    FEMALES.  4G5 

Fully  00  per  cent  of  all  seals  secured  by  us  in  the  Bering  Sea  were 
cows,  in  milk.    We  seldom  captured  a  bull,  one  of 
which  we  shot  over  twelve  times  and  afterwards      fFim.  Short,  p.  348. 
it  escaped.    There  are  not  so  many  seals  lost  in 
the  Bering  Sea  as  there  are  on  the  coast.    We  caught  seals  all  the  way 
from  50  to  250  miles  from  the  rookeries  on  the  Pribilof  Islands.     We 
caught  female  seals,  in  milk,  near  the  Seventy-two  Pass,in  the  Bering 
Sea.    The  Seventy-two   Pass  is  about  230  miles  from  the   Pribilof 
Islands. 

We  caught  767  seals  in  Bering  Sea  that  year  [1884]  from  30  to  150 
miles  oft'  the  seal  islands.    Tlie  most  of  them  were 
females,  for  the  reason  that  they  aie  not  as  cute      -^"s-  Sloan,  p.  ill. 
and  wild  as  the  males. 

A  great  many  of  tlie  female  seals  had  their  breasts  full  of  milk,  which 
would  run  out  on  the  deck  when  we  skinned  them.  *  *  #.  My  third 
voyage  was  in  1889.  I  sailed  from  Yokohama  on  the  Arctic,  about 
the  latter  part  of  January.  We  cleared  under  the  American  Hag, 
and  *  »  #  _  We  entered  Bering  Sea  about  tlie  17th  of  May 
and  caught  about  900  seals,  tlie  most  of  tliem  around  the  fishing  banks, 
just  north  of  the  Aleutian  Islands.  The  majority  of  them  were  mother 
seals. 

And  the  majority  of  seals  taken  in  Bering  Sea  are  cows  with   milk. 
But  a  very  few  yearlings  are  taken,  and  once  in  a 
while  an  old  bull  is  taken.     The  male  seal  taken      Fred.  Smith,  p.  Z\9. 
are  between  two  and  four  years  old.     *     *    * 

I  have  taken  female  seals  80  miles  oft"  the  Pribilof  Islands   that  were 
full  of  milk. 

Have  killed  cow  seals  that  were  fuK  )f  milk  Joshua  Stickiaml, p.  ZoQ. 
over  40  miles  from  the  Pribilof  Islands. 

We  entered  the  Bering  Sea  in  .Tune  through  Se\  enty-two  Pass  and 
caught  about  100  seals,  when  we  were  ordered  out 
of  the  sea.    They  were  all  females  that  had  given     John  A.  Swain,  p.  350. 
birth  to  their  young. 

I  have  never  captured  any  cows  in  milk  along  the  coast,  but  when  in 
the  Bering  Sea  in  1889  I  sealed  oft' about  90  miles 
from  the  seal  islands  and  caught  cows  in  milk      JohnTysum,p.33i. 
there. 

The  majority  of  seals  killed  in  tlie  water  are  females,  and  all  f  lie  fe- 
males killed  in  Bering  Sea  are  mothers  who  have 
left  their  pups  on  the  rookeries  and  gone  some      DanUl  Webater, p.  IH3. 
distance  from  the  islands  in  search  of  food. 

First.  That  95  per  cent  of  all  the  seals  killed  Theo.  T.  Williams,  2>. 
in  the  Bering  Sea  are  females.  4'J3. 

The  statement  I  made  that  the  capture  of  168,000  skins  meant  the 
death  of  720,000  seals  needs  some  explanation. 
The  sealing  fleet  begins  work  in  the  Bering  Sea      r.  r.  Williams,  p.  5(Ki. 
about  June  and  is  all  back  home  by  the  end  of 
September.    During  this  period  there  are  but  few  seals  in  the  waters 
30  BS 


466 


RESULTS. 


I 


w 


¥ 


of  Bering  Sea,  except  females.  The  male  seals  are  all  at  the  breeding 
islands,  either  guarding  their  harems  or  waiting  the  coming  of  the 
females.  Ninety-flve  i)er  cent  of  all  the  seals  killed  during  summer 
and  autumn  in  flie  Bering  are  females. 

Thomas  Mowat,  esq.,  inspector  of  fisheries  for  I'litish  Columbia,  in 
hi^:  report  to  the  governor- general  of  Canada,  says  that  only  1  per  cent 
of  the  Bering  collection  are  jmps. 

The  female  seals  killad  in  the  Bering  are  either  on  their  way  to  give 
birth  to  their  young  or  have  left  tlieir  pup  on  the  islands,  and  guided 
by  that  instin<;t  given  by  nature  to  all  mothers,  have  gone  fortli  to 
search  for  food  to  sustain  the  life  of  the  little  one.  In  eitlun'  case  the 
death  of  the  mother  means  the  death  of  the  young. 

That  thousands  of  the  female  seals  were  captured  by  the  pelagic 
hunters  in  Bering  Sea  during  the  season  of  1891, 
W.  E,  Williams,  p.  94,  the  most  of  which  had  to  be  secured  quite  a  dis- 
tance from  the  rookeries,  owing  to  the  presence  of 
armed  vessels  patrolling  the  sea  for  miles  around  the  islands,  and  that 
the  slaughter  of  the  seals  was  mostly  of  females,  was  confirmed  by  the 
thousands  of  dead  pups  lying  on  the  rookeries,  starved  to  death  by  the 
destruction  of  their  mothers. 

We  caught  a  few  seals  in  there  [Bering  Sea].    When  we  first  went 

in  there  we  did  not  see  many,  but  after  we  were 

John  Woodruff,  p.  506.    in  tliere  a  while  we  saw  plenty  of  tliem  tliat  had 

large  breasts  that  were  full  of  milk,  and  our  catch 

were  most  all  females;  the  average  would  be  about  one  male  to  ten 

females,  and  we  killed  cows  in  milk  150  miles  from  the  seal  islands. 


DEAD  PUPS  ON  THE  ROOKERIES. 
Page  212  of  The  Case. 

Dead  "pup"  seals,  which  seemed  to  have  starved  to  death,  grew 

very  numerous  on  the  "rookeries"  these  latter 

H.  N.  Clark,  p.  159.      years;  and  I  noticed  when  driving  the  "bachelor" 

seals  for  killing,  as  we  started  them  up  from  the 

beach,  that  many  small  "pups,"  half  starved,  apparently  motherless, 

had  wandered  away  from   the  breeding  grounds  and  became  mixed 

with  the  killable  seals.    The  natives  called  my  attention  to  these  waifs, 

saying  that  it  did  not  iise  to  be  so,  sind  that  the  mothers  were  dead; 

otherwise  they  would  be  upon  the  breeding  grounds. 

There  were  a  good  uiany  dead  pups  on  the  rookeries  every  year  I  was 
on  the  island,  and  they  seemed  to  grow  more  nu- 
Jlex.  Han88on,  p.  159.  merous  from  year  to  year.    There  may  not,  in 
fact,  have  been  more  of  them,  because  the  rook- 
eries were  all  the  time  growing  smaller,  and  the  dead  pups  in  the  lat- 
ter years  were  more  numerous  in  proportion  of  the  live  ones. 

The  seals  were  apparently  subject  to  no  diseases;  the  pups  were  al- 
ways fiit  and  healthy,  and  dead  ones  very  rarely 

if.  H.  Moltttyrc,  p.  51.  seen  on  or  about  tln^  rookeries  i)rior  to  1884.  Upon 
my  return  to  the  islands,  in  188G,  I  was  told  by  my 


w 


DEAD    PUPS    ON    THE    ROOKERIES. 


467 


;he  breeding 
ming  of  the 
ing  summer 

?yolumbia,  in 
[y  1  per  cent 

way  to  give 

and  guided 

one  forth  to 

uhiiv  case  tlie 


r  the  pelagic 
ison  of  1891, 
L  quite  a  dis- 
e  presence  of 
ids,  and  that 
irmed  by  the 
death  by  the 


we  first  went 
iiftcr  we  were 
I  em  tliat  had 
ind  our  catch 
i  male  to  ten 
al  islands. 


death,  grew 
these  latter 
le  "bachelor" 
up  from  the 
motherless, 
iecame  mixed 
o  these  waifs, 
IS  were  dead; 


ry  year  I  was 
ow  more  nu- 
may  not,  in 
use  the  rook- 
ips  in  the  lat- 
nes. 

)ups  were  al- 
's  very  rarely 
1)1884.  Upon 
as  told  by  my 


assistants  and  the  natives  that  a  very  large  number  of  pups  had  per- 
islied  the  preceding  season,  a  part  of  them  dying  upon  the  islands  and 
others  being  washed  ashore,  all  seeming  to  have  starved  to  death.  The 
same  thing  occurred  in  188()  and  in  each  of  the  following  years  to  and 
including  1889.  Even  before  I  left  the  islands,  in  xVugust,  1886,  1887, 
and  1888,  I  saw  hundreds  of  half-starved,  bleating,  emaciated  pup8 
wandering  aimlessly  about  in  search  of  their  dams,  and  presenting  a 
most  pitiable  appearance.  , 

But  facts  came  umler  my  observation  th.at  soon  led  me  to  what  I 
believe  to  be  the  true  cause  of  destruction.     For 
instance,  during  the  period  of  my  resideiu-e  on     T.  F.  Morgan,  p.  6^1. 
St.  George  Island,  down  to  the  year  1884,  there 
were  always  a  number  of  dead  pups,  the  number  of  which  I  can  not 
give  exactly,  as  it  varied  from  year  to  year,  and  was  dependent  upon 
accidents  or  the  destructiveuess  of  storms.    Youtig  seals  do  not  know 
how  to  swim  from  birth,  nor  do  they  learn  how  for  six  weeks  or  two 
months  after  birth,  and  therefore  are  at  the  mercy  of  the  waves  during 
stormy  weather.     liut  from  the  year  1884  down  to  the  ])eriod  when  I 
left  St.  George  Island,  there  was  a  marked  iiu-rease  in  the  number  of 
dead  pup  seals,  amounting,  perhaps,  to  a  trebling  of  the  numbers 
observed  in  former  years,  so  that  I  wouhl  estimate  the  number  of  dead 
pups  in  the  year  1887  at  about  five  or  seven  tlumsaiid  as  a  maximum. 

I  also  noticeil  during  my  last  two  or  three  years,  among  the  number 
of  dead  pups,  an  increase  of  at  least  70  per  c(!nt  of  those  which  were 
emaciated  and  poor,  and  in  my  judgment  they  died  from  want  of  nour- 
ishment, their  mothers  having  been  killed  while  away  from  the  island 
feeding,  because  it  is  a  fact  that  pujis  drowned  or  killed  by  accidents 
were  almost  invariably  fat.  Learning  further,  through  the  Loiid<m 
sales,  of  the  increase  in  the  pelagic  sealing,  it  becnune  my  firm. convic- 
tion that  the  constant  increase  in  the  number  of  dead  pups  and  the 
decrease  in  the  number  of  marketable  seals  and  breeding  females  found 
on  the  islands  during  the  years  1885,  1880,  and  1887  were  caused  by 
the  destruction  of  female  seals  in  the  open  sea,  either  before  or  after 
giving  birth  to  the  pu]»s.  The  mother  seals  go  to  feeding  grounds 
distant  from  the  islands,  and  I  can  only  account  for  the  number  of 
starved  pups  by  supposing  that  their  mothers  are  killed  while  feed- 
ing. 

I  visited  the  Pribilof  Islands  in  1890  and  made  a  careful  study  of  the 
conditions  of  .seal  life  on  those  islands.    I  discov- 
ered late  in  the  season  a  large  number  of  dead      Chaa.  W.  Trice,  p.  r^2U 
pups  lying  upon  the  rookeries,  which  had  the 
appearance  of  having  been  starved  to  death. 


NO  DEAD  PUPS  PRIOR  TO  1884. 
Pago  212  of  Tho  Case. 

Poaching  in  Bering  Sea  had  not  begun  in  those  years  [from  18C8 
to  1870]  and  it  was  a  rare  thing  to  find  a  dead 
imp  about  the  shores  or  on  the  rookeri(!s.     I  had    aco.  B.  Adams,  p.  158. 
frequent  occasion  after  the  close  of  the  breeding 
season  to  visit  all  parts  of  tlie  island,  and  there  was  no  appearance  of 


468 


RESULTS. 


j?aniit  or  starved  seals.  Occasionally  a  dead  pup  was  found  that  liad 
been  crushed  to  death  by  the  bulls  iu  their  eucouutera  with  eaiih 
other. 


Up  to  1S84  there  were  never  enough  dead  pups  on  the  rookeries  to 

cause  any  remark.    Occasionally  one  would  be 

Jno.  Armstrong,.p.2.      trampled  to  death  by  the  fighting  bulls,  but  the 

loss  was  almost  nothing  until  the  marine  hunters 

began  their  work,  and  it  grew  to  be  quite  noticeable  before  I  left  the 

islands. 


P 


mi 


w. 


Is  S 


||i.  i 


A  dead  pup  was  rarely  seen,  the  dead  being  a  small  fra(!tioD  of  1  per 

rhna  »...,/,.,♦««  cent  to  the  whole  number  of  pups.    1  do  not  think 

Cliaa.  lifyantjp.S.  i  -i    t  j-i  t  •  ^V4.     i       i 

whue  I  was  thei  e  I  saw  m  siny  one  season  utty  dead 

pups  on  the  rookeries,  and  the  majority  of  dead  pui)S  were  along  the 

shore,  having  been  killed  by  the  surf. 


During  the  two  sealing  seasons  I  was  on  the  islands  I  only  saw  a 

S  N  Buvuituhi  V  21     ^^^^^  ^^^^  ^^^^  V^^V^i  and  these  had  been  killed  by 
■    the  larger  seals  crushing  them.    I  have  never 
seen  a  pup  that  was  starved  to  death,  or  which  had  been  abandoned 
by  its  mother. 

There  were  not  in  1880   sufficient  dead  pups  scattered  over  the 
rookeries  to  attract  attention  or  to  form  a  feature 
W,  H.  Ball, p.  23.  ^^^  ^.^^  rookery . 

I  have  no  recollection  of  ever  having  seen  a  dead  pup  on  the  breed- 
ing grounds,  but  I  have  seen  a   considerable 
Sam'l  Falconer,  p.  161.   number  of  silver-gray  pups — that  is,  those  that 
have  learned  to  swim — which  had  been  killed  by 
being  dashed  against  the  rocks  by  the  surf. 

During  the  time  I  was  on  the  islands  I  only  saw  a  very  few  dead 

pups  on  tlie  rookeries,  but  the  number  in  1884 

H.  A.  GUdden,  p.  110.    was  slightly  more  than  iu  former  years.    I  never 

noticed  or  examined  dead  pups  on  the  rookeries 

before  1884,  the  number  being  so  small. 

In  performing  my  official  duty  I  frequently  visited  the  breeding 
rookeries,  and  during  my  entire  ■tay  on  the  island 

Louis  Kimmel,  p.  174.  I  never  saw  more  than  400  dead  pups  on  all  the 
rookeries. 


,<L  .i-i;. 


i 


But  very  few  dead  i)ups  Avere  ever  seen  on  the  rookeries  until  the  seal- 
ing scliooners  began  to  come  in  the  water  around 

Jac.  Kotohooten,  p.  131.  the  island,  and  they  have  increased  more  and 
more  since  1888. 

I  never  saw  but  a  few  dead  pups  on  the  rookeries  until  the  schooners 
came  into  the  sea  and  shot  the  cows  when  they 

Nicoli  Krukoff,  p.  132.  went  out  to  feed,  and  then  the  dead  pups  began  to 
increase  on  the  rookeries. 


TIME    OF    APPEARANCE    OP    DEAD    PUPS 


469 


nd  that  liiid 
3  with  eiuih 


rookeries  to 
le  wouhl  be 
nils,  but  tlie 
vine  hu titers 
3re  I  left  the 


!tiou  of  1  per 
do  not  think 
son  titty  dead 
re  along  the 


[  only  saw  a 

ecu  killed  by 

have  never 

I  abandoned 


ed  over  the 
»rm  a  feature 


)n  the  bree<l- 

considerable 

»,  those  that 

eu  killed  by 


ry  few  dead 
iber  in  1884 
rs.  I  never 
he  rookeries 


he  breeditig 
)n  the  island 
s  on  all  the 


util  the  seal- 
ater  around 
d  more  and 


le  schooners 

when  they 

ips  began  to 


I  am  informed  that  of  late  ye.ars  thousands  of  young  pups  have  died 
on  the  islands  while  the  season  was  in  progress. 
Certainly  such  condition  did  not  exist  during  my     J.  M.  Morton,  p.  69. 
residence  on   the  Pribilof  group.    Tlie   "pups" 
were  sometimes  trami)led  upon  by  the  larger  animals,  and  dead  ones 
might  be  seen  here  and  there  on  the  rookeiies,  but  the  loss  in  this  par- 
ticular was  never  large  enough  or  important  enough  to  excite  any 
special  comment. 

My  observation  in  regard  to  the  pup-seal  life  during  those  years  was 
that  the  loss  fnun  natural  causes  was  exceedingly 
small.   I  made  frequentvisits  to  the  breeding  rook-      If-  ('■  (Mis,  p.  87. 
eries  during  and  after  the  close  of  the  breeding 
season,  and  found  only  a  very  small  number  of  dead  bodies;  it  was  a 
rare  thing  to  find  a  dead  pup  seal.    In  one  of  my  otlieial  reports  I  made 
an  estimate  of  the  loss  from  natural  causes,  which  1  fixed,  I  believe,  at 
only  1  or  2  per  cent  of  all  classes. 

Never  while  I  was  on  St.  George  Island  did  I  see  a  disad  pup  on  the 
rookeries,  and  I  certainly  should  have  noticed  if     j^  ^,,  gcnbncr  v  89 
there  had  been  any  number  on  the  island.  *  >p-    • 

During  the  year  I  was  on  the  island  of  St.  George  I  did  not  see  to 
exceed  twenty-five  dead  pups  on  the  rookeries, 
and  the  bodies  of  these  were  not  emaciated,  but      W.  B.  Taylor,  p.  176. 
had  evidently  been  killed  by  the  old  bulls  climb- 
ing over  them  in  their  combats. 

While  I  was  on  the  island  I  never  saw  more  than  twenty-five  dead 
pups  on  the  rookeries  during  any  one  season.    I 
have  seen  occasionally  a  dead  one  among  the      Geo.  Wardman,  p.ns. 
bowlders  along  the  shore,  which  had  probably 
been  killed  by  the  surf;  but  these  dead  pups  were  in  no  instance  ema- 
ciated. 

TIME   OF  APPEARANCE   OF  DEAD  PUPS. 

Pago  213  of  The  Case. 

The  loss  of  life  of  pup  seals  on  the  rookeiies  ui>  to  about  1884  or  1885 
was  comparatively  slight  and  was  generally  at- 
tributed to  the  death  of  the  mother  seal  from      W.  S.  Hereford,  p.  .32. 
natural  causes  or  from  their  natural  enemies  in 
the  water,  or,  as  sometimes  happened,  sudden  storms  with  heavy  surfs 
rolling  in  from  certain  directions  onto  the  breeding  rookeries,  but  never 
at  any  time  would  a  sufiftciont  number  of  pups  be  killed  to  make  it  the 
subject  of  special  comment,  either  among  the  natives  or  the  employes 
of  the  company. 

As  I  was  not  present  on  the  islands  in  the  fall  of  1885, 1  am  unable 
to  make  a  statement  as  to  the  number  of  dead 
pups  on  the  rookeries  in  that  year,  but  in  1880  I     A.  P.  Loud,  p.  38. 
saw  a  large  number  of  dead  pups  lying  about. 

These  pups  were  very  much  emaciated,  and  evidently  had  been  starved 
to  death.    #    *    » 
In  1887  the  number  of  dead  pups  was  much  larger  than  in  1886.    In 


470 


RESULTS. 


1888  tliere  was  a  less  number  than  in  1887,  or  in  1880,  owing,  as  I  believe, 
to  a  decrease  of  seals  killed  in  lieriiig"  !Sea  tliat  year;  but  in  1881)  the 
increase  again  showed  itself.  I  believe  the  number  of  dead  pups  in- 
creased in  about  the  same  ratio  as  the  number  of  seals  taken  in  Bering 
Sea  by  pelagic  sealers. 

Between  1874  and  1883  predatory  vessels  occasionally  appeared  in 
Bering  Sea,  among  them  the  Cj/dnet  in  1874  and 
H.  11.  Mclntyre,  p.  51.  the  8(1)1  Biego  in  187(5,  but  the' whole  number  of 
seals  destroyed  by  such  vessels  was  small,  and 
had  no  appreciable  etlect  upon  the  rookeries;  in  1  <S84  about  4,000  skins 
Avere  taken  in  Bering  Sea  by  three  vessels,  and  starved  i)U])s  were 
noticed  upon  the  islands  that  year  for  the  ihst  time.     In  1885  about 
10,000  skins  were  taken  in  this  sea,  and  the  dead  pups  upon  the  rook- 
eries became  so  numerous  as  to  evoke  comment  from  the  natives  and 
others  upon  the  islands. 

For  instance,  during  the  period  of  my  residence  on  St.  George  Isl- 
aiul.  down  to  the  year  1884,  there  were  always  a 
Thoa.  F.  Morgan,  p.6i.  number  of  dead  pups,  the  number  of  which  I  can 
not  give  exactly,  as  it  varied  from  year  to  year 
and  was  dependent  upon  accidents  or  the  destructiveness  of  storms. 
Young  seals  do  not  know  how  to  swim  from  birth,  nor  do  they  learn 
how  for  six  weeks  or  two  months  after  birth,  and  therefore  are  at  the 
mei'cy  of  the  waves  during  storujy  weather.    But  from  the  year  1884 
down  to  the  period  Avhen  1  left  St.  George  Island  there  was  a  marked 
increase  in  the  number  of  dead  pup  seals,  amounting,  i)erhaps,  to  a 
trebling  of  the  numbers  observed  in  former  years,  so  that  I  would  esti- 
mate the  number  of  dead  pui)s  in  the  year  1887  at  about  tive  or  seven 
thousand  as  a  maximum. 


While  on  St.  George  Island  there  were  practically  no  dead  pups  on 
the  rookeries.    I  do  not  think  I  saw  during  any 
J.  n.  Moulion,p.l\.      one  season  more  than  a  dozen.    On  St.  Paul  Isl- 
and I  never  saw  any  dead  i)ups  to  aniount  to  any- 
thing until  1884,  and  then  the  number  was  quite  noticeable. 


NUMBER  OF  DEAD  PUPS  IN  1891. 


Pago  214  of  Tho  Case. 


lyi^ 


■■y'm 


One  thing  which  attracted  my  attention  wa;,  the  immense  number  of 
dead  young  seals;  another  was  the  lu-esence  of 
J.  C.  S.  Akerly,  p.  95.    quite  a  number  of  young  seals  on  all  the  rookeries 
in  an  emaciated  and  apparently  very  weak  condi- 
tion.   I  was  requested  by  the  Government  jigent  to  examine  some  of 
the  carcasses  lor  the  purpose  of  determining  the  cause  or  causes  of 
their  death.    I  visited  and  walked  over  all  the  rookeries.     On  all  dead 
seals  were  to  be  tbund  in  iuimense  numbers.    Their  number  was  more 
apparent  on  those  rookeries  such  as  Tolstoii  and  Halfway  Point,  the 
water  sides  of  which  were  on  smooth  ground,  and  the  eye  could  glance 
over  patches  of  ground  hundreds  of  feet  in  extent  which  were  thickly 
strewn  with  carcasses. 


NUMBER  OP   DEAD   PUPS   IN   1891. 


471 


f,  as  I  believe, 

it  in  188!)  the 
lead  pups  iii- 
Icen  ill  Bering 


y  appeared  in 
t  in  1874  and 
)le  number  of 
IS  small,  and 
ut  4,000  skins 
id  pu])s  were 
[n  1885  about 
pon  the  rook- 
!  natives  and 


t.  George  Isl- 

rere  always  a 

f  which  I  can 

year  to  year 

iss  of  storms. 

lo  they  learn 

ore  are  at  the 

the  year  1884 

vas  a  marked 

perhaps,  to  a 

I  would  esti- 

five  or  seven 


ead  pups  on 
during  any 

St.  Paul  Lsi- 
nouut  to  auy- 

e. 


se  number  of 

presence  of 

lie  rookeries 

weak  condi- 

line  some  of 

or  causes  of 

On  all  dead 

er  was  more 

y  Point,  the 

L'ould  glance 

rvcre  thiiikly 


Where  the  water  side  of  the  rookeries,  as  at  "Northeast  Point"  and 
the  reef  (south  of  the  village),  were  on  rocky  ground  the  immense 
number  of  dead  was  not  so  apparent,  but  a  closer  exainiuati<m  showed 
that  the  dead  were  there  in  equally  great  number  scattered  among  the 
rocks.  In  some  localities  the  ground  was  so  thickly  strewn  with  the 
dead  that  one  had  to  pick  his  way  carefully  in  order  to  avoid  stepping 
on  the  carcasses.  The  great  mass  of  dead  in  all  cases  was  within  a 
short  distance  of  the  water's  edge.  The  patches  of  dead  would  com- 
mence at  the  water's  edge  and  stretch  in  a  wide  swath  up  into  the 
rookery.  Amongst  the  immense  masses  of  dead  were  seldom  to  be 
found  the  carcasses  of  full-grown  seals,  but  the  carcasses  Avere  those  of 
pups,  or  young  seals  born  that  year.  I  can  give  no  idea  of  the  exact 
number  of  dead,  but  I  believe  that  they  could  only  be  numbered  by  the 
thousands  on  each  rookery.  Along  the  water's  edge,  and  scattered 
amongst  the  dead,  were  quite  a  number  of  live  pups,  which  were  in  an 
emaciated  condition.  Many  had  hardly  the  strength  to  drag  them- 
selves out  of  one's  way ;  thus  contrasting  strongly,  both  in  appearance 
and  actions,  with  the  plump  condition  and  active  aggressive  conduct 
of  the  healthy  appearing  pups. 

One  day,  during  the  latter  part  of  August  or  forepart  of  September 
last  (exact  date  forgotten),  Col.  Joseph  Murray, 
one  of  the  Treasury  agents,  and  myself,  in  com-  Milton  Barnes,  p.  101. 
pany  with  the  British  Commissioners,  Sir  George 
Baden-Powell  and  Dr.  Dawson,  by  boat  visited  one  of  the  seal  rooker- 
ies of  that  island,  known  as  Tolstoi  or  English  Bay.  On  arriving  there 
our  attention  was  at  once  attracted  by  the  excessive  number  of  dead 
seal  pups  whose  carcasses  lay  scattered  profusely  over  the  breeding 
ground  or  sand  beach  bordering  the  rookery  proper,  and  extending 
into  the  border  of  the  rookery  itself.  The  strange  sight  occasioned 
much  surmise  at  tlie  time  as  to  the  probable  cause  of  it.  Some  of  the 
carcasses  were  in  an  advanced  stage  of  decay,  while  others  were  of  re- 
cent death,  and  their  general  appearance  was  that  of  having  died  of 
starvation.  Tliere  were  a  few  that  still  showed  signs  of  life,  bleating 
weak  and  piteously,  and  gave  every  evidence  of  being  in  a  starved  con- 
dition, with  no  motlier  seals  near  to  or  showing  ^hcm  any  attention. 

Dr.  Dawson,  while  on  the  ground,  took  some  '^iews  of  the  rookery 
with  his  kodak;  but  whether  the  views  he  took  included  the  dead  pups 
I  could  not  say.  Some  days  after  this — can  not  state  exact  date — 
I  drove  with  Mr.  Fowler,  an  employ^  of  the  lessees,  to  what  is  knoAvn 
as  Halfway  Point,  or  Polovinia  rookery.  Here  the  scene  was  re- 
peated, but  on  a  more  extensive  scale  in  point  of  numbers.  The  little 
carcasses  were  strewn  so  thickly  over  the  sand  as  to  make  it  difficult 
to  walk  over  the  ground  without  stepping  on  them.  Thit?  condition  of 
the  rookeries  in  this  regard  was  for  some  time  a  common  topic  of  con- 
versation in  the  village  by  all  parties,  including  the  more  intelligent 
ones  among  the  natives,  some  of  whom  were  with  Mr.  J.  Stanley  Brown 
in  his  work  of  surveying  the  island  and  brought  in  reports  from  time 
to  time  of  similar  conditions  at  substantially  all  the  rookeries  around 
the  island.  It  could  not,  of  course,  be  well  estimated  as  to  the  num- 
ber thus  found  dead,  but  the  most  intelligent  of  the  natives — chief  of 
the  village — told  me  that  in  his  judgment  there  were  not  less  than 
20,000  dead  pui)8  on  the  various  rookeries  of  the  island  and  others  still 
dying. 


n 


[  f 


472 


RESULTS. 


In  the  latter  part  of  July,  1891,  my  attention  was  called  to  a  source 
of  waste,  the  ehiciency  of  which  was  most  start- 

J.  Stanley  Brown,  p.  18.  linpfly  illustrated.  In  my  conversations  with  the 
natives  1  had  learned  that  dead  pupa  had  been 
seen  upon  the  rookeries  in  the  i)ast  few  years  in  such  numbers  as  to 
cause  much  concern.  By  the  middle  of  July  they  pointed  out  to  me 
here  and  there  dead  pups  and  others  so  weak  and  emaciated  that  their 
death  was  but  a  matter  of  a  few  days.  By  the  time  the  British  com- 
missioners arrived  the  dead  pups  were  in  sutlicient  abundance  to 
attr.act  their  attention,  and  tliey  are,  I  believe,  under  the  impression 
that  they  first  discovered  them. 

By  the  latter  part  of  August  deaths  were  rare,  the  mortality  having 
practically  ceased.  An  examination  of  the  warninj''  lists  of  the  combined 
fleets  of  British  and  American  cruisers  will  show  that  before  the  middle 
of  August  the  last  sealing  schooner  was  sent  out  of  Bering  Sea.  These 
vessels  had  entered  the  sea  about  July  1  and  had  done  much  effective 
work  by  July  15.  The  mortality  among  the  jnips  and  its  cessation  is 
synchronous  with  the  sealing  fleet's  arrival  and  departure  from  Bering 
Sea. 

Theie  are  several  of  the  rookeries  upon  which  level  areas  are  so  dis- 
posed as  to  be  seen  by  the  eye  at  a  glance.  In  September  Dr.  Akerly 
and  I  walked  directly  across  the  rookery  of  Tolstoi,  St.  Paul,  and  in 
addition  to  the  dead  pups  in  sight  they  lay  in  groups  of  from  three  to 
a  dozen  among  the  obscuring  rocks  on  the  hillside.  From  a  careful 
examination  of  every  rookery  upon  the  two  islands  made  by  me  in 
August  and  September,  I  place  the  minimum  estimate  of  the  dead  pups 
to  be  15,000,  and  that  some  number  between  that  and  30,000  would 
represent  more  nearly  a  true  statement  of  the  facts. 

I  did  not  observe  any  unusually  large  number  of  dead  pups  on  the 

rookeries  in  my  visits  to  the  islands  until  the  year 

John  C.CantweU,pAQ8.  1891.    During  the  moTith  of  September  of  that 

year,  in  company  Avith  Mr.  J.  Stanley  Brown,  I 

visited  the  Starry  Ateel  and  eastern  rookeries  on  St.  George  Island 

and  saw  more  than  the  average  number  of  dead  pups  .and  a  great  many 

living  pujis,  evidently  in  very  poor  condition,  and  either  dead  or  dying 

from  starvation,  diftering  in  this  lespect  from  the  condition  in  which 

they  are  ordinarily  found  at  this  ime  of  the  year.    Subsequently,  in 

November,  1891,  I  visited  the  Pol(*vinia  rookery  on  St.  Paul  Island, 

and  in  the  course  of  one  hour's  slow  Avalking,  covering  perhaps  IJ  miles 

of  ground,  estimated  tlie  number  of  dead  i)up  seals  to  be  not  less  than 

1,000.    I  consider  this  number  enormously  in  excess  of  the  normal 

mortality. 

No  mention  was  ever  made  of  any  unusual  number  of  dead 
pui)s  upon  the  rookeries  having  been  noticed  at 

W.  C.  Couhon,  p.  415.  ajiy  time  prior  to  my  visit  in  1870,  but  when  I 
again  visited  the  islands  in  1890  I  found  it  a  sub- 
ject of  much  solicitude  by  those  interested  in  the  perpetuation,  and  in 
1891  it  had  assumed  such  proportions  as  to  cause  .  erious  alarm.  The 
natives  making  the  drives  first  discovered  this  trouble,  then  special 
agents  took  note,  and  later  on  I  think  almost  everyone  who  was  allowed 
to  visit  the  rookeries  could  not  close  their  eyes  or  nostrils  to  the  great 
number.,  of  dead  pups  to  be  seen  on  all  sides.  In  company  with  Special 
Agent  INIurray,  Captain  Hooper,  and  Engineer  Brerton,  of  the  Corwin, 
I  viisited  the  Beef  and  Gobatch  rookeries,  St.  Paul  Island,  in  August, 


NUMBER   OF   DEAD   PUPS   IN   1891. 


473 


(l  to  a  source 
i8  most  atart- 
:ion8  with  the 
jps  had  been 
umbers  as  to 
ed  out  to  me 
ted  that  their 
British  com- 
ibundance  to 
le  impression 

tality  having 
tlie  combined 
ire  the  middle 
g  Sea.  These 
inch  effective 
8  cessation  is 
J  from  Bering 

as  are  so  dis- 
ir  Dr.  Akerly 
Paul,  and  in 
from  three  to 
om  a  careful 
ade  by  me  in 
he  dead  pups 
30,000  would 


pups  on  the 
mtil  the  year 
nber  of  that 
ley  Brown,  I 
Borge  Island 

great  many 

ad  or  dying 
ion  in  wliich 
iequently,  in 

aul  Island, 
iil^s  IJ  miles 
»ot  less  than 

the  normal 


11 


per  of  dead 
noticed  at 
but  when  I 
nd  it  a  sub- 
tion,  and  in 
ilarm.  The 
hen  special 
tvas  allowed 
to  the  great 
vith  Special 
the  Corwin, 
in  August, 


1891,  and  saw  one  of  the  most  pitiable  sights  that  I  have  ever  mt- 
nessed.  Thousands  of  dead  and  dying  pups  were  scattered  over  the 
rookeries,  while  the  shores  were  lined  with  emaciatcil,  hungry  little 
fellows^  with  their  eyes  turned  toward  the  sea  uttering  plaintive  (jries 
for  their  mothers,  which  were  destined  never  to  return.  Numbers  of 
them  were  opened,  their  stomachs  examined,  and  the  faijt  revealed  that 
starvation  was  the  cause  of  death,  no  organic  disease  being  apparent. 

The  schooners  increased  every  year  from  the  time  I  lirst  noticed 
them  until  in  1884  there  was  a  fleet  of  20  or  30, 
and  then  I  began  to  see  more  and  more  dead  pups     Jno.  Frath,  p.  108. 
on  the  rookeries,  until  in  1801  the  fleet  of  sealing 
schooners  numbered  more  than  a  hundred  and  the  rookeries  were  cov- 
ered with  dead  pups. 

It  was  also  during  these  years  that  dead  emaciated  pups  were  first 
noticed  on  the  rookeries,  and  they  increased  in 
numbers  until  1891,  in  which  year,  in  August  and      Edward  Uuylwa,  p.  37. 
September,    the    rookeries    were   covered    with 
dead  pups. 

In  1891  there  was  a  great  many  that  were  thin  and  poor,  and  they 
would  crawl  down  to  the  water  and  make  a  noise 
for  their  mothers  until  they  died,  and  when  some     Jco-  Kotchootcn,p.  131. 
of  them  were  cut  open  they  had  no  milk  in  their 
stomachs. 


There  were  more  dead  pups  in  1801  than  ever 
before,  and  they  were  all  starved  to  death. 


NicoU  Krukoff,  p.  132. 


There  was  a  great  number  of  dead  pups  upon  the  rookeries  last 
year,  whose  mothers,  I  believe,  were  killed  at  sea 
by  sealing  schooners,  and  I  do  not  expect  to  see     ^O'je^  Euiihen,p.  128. 
many  cows  this  year. 

I  have  noticed  more  and  more  dead  pups  on  the  rookeries  every 
year  since  1888,  and  in  1891  they  were  so  close 
together  in  places  I  could  not  step  among  them     Aggei  Kuahen,  p.  130. 
without  stepping  on  a  dead  ijup. 

Q.  Did  you  see  an  unusual  number  of  dead  pups  on  the  rookeries 
this  season?— A.  Yes;  I  saw  more  dead  pups  this    ^.^^  Mandregin  et  ah,  p. 
year  than  ever  before.    I  went  with  Mr.  J .  Stanley  i40. 
Brown  in  August  to  assist  him  to  make  a  survey 
of  the  rookeries  and  saw  dead  pups  grouped  in  various  places. 

Q.  Did  you  see  dead  pups  on  all  the  rookeries  you  visited? — A.  Yes; 
but  some  rookeries  had  more  than  others. 


Q.  Did  you  see  any  dead  paps  on  the  rookeries  the  past  season  ? — A. 
Yes;  I  saAv  lots  of  them.  ^„^^„    Mdovedoff  p. 

Q.  How  do  they  compare  with  the  number  ob-  139.  ' 

served  in  former  years? — A.  Much  greater  in  pro- 
portion to  the  number  of  females  on  the  rookeries  than  formerly.       ' 


1 

1  i 

rn             ^ 

I'             ■ 

474 


RESULTS. 


It  was  noticed  by  evoryoiio  on  tlie  island  at  this  tinio  tliat  as  the 
seals  do(;rease<l  on  the  rookeries  from  year  to  year 

A.  Melumioff,  p.  143.  tlie  nniiiber  of  dead  pujjs  increased,  until  in  1891 
the  rookeries  were  covered  witli  tlieni.  From 
1SS4  the  schooners  kept  on  increasing,  until  in  181H  there  was  more 
than  one  hundred.  These  scliooners  caro  very  little  about  coming  to 
the  islands  to  take  seals  on  the  land,  for  they  oidy  have  to  hover 
around  the  lishiiig  banks  from  5(>  to  L'(K)  miles  away  and  take  all  the 
seals  they  want.  It  is  to  these  banks  the  cow  seals  go  to  feed  aftt'r 
the  birth  of  their  young,  and  it  is  here  they  are  sliot  and  killed  and 
the  pups  are  left  to  starve  and  die  on  the  rookeries. 

Last  year  I  saw  thousands  of  such  pups. 

On  the  19th  of  August,  1891, 1  saw  the  young  pups  lying  dead  upon 

the  ro(dveries  of  St.  I'aul,  and  I  estimated  their 

Jos.  Murray,  p.  74.        number  to  be  not  less  than  .'30,000;  and  they  had 

died  fi'om  starvation,  their  mothers  having  beei' 

killed  jit  the  feeding  grounds  by  pelagic  hunters. 


Simeon 
146. 


Melovidov,  p.  And  as  the  seals  decreased  we  found  the  rook- 
eries covered  with  dead  pups,  which  in  1891  lay 
in  heaps  upon  the  ground. 


illi. 


Vt 


Q.  nave  you  noticed  any  dead  pups  on  the  rookeries  this  past  sea- 
son, and  in  what  proportion  to  former  years? — A. 
J.  C.  licdpaih,  p.  140.     I  have  seen  an  unusual  nund)er  of  dead  pups  this 
year  on  the  breeding  grounds;  I  may  say  twice 
as  many  as  formerly. 

In  1891  the  rookeries  on  St.  Paul  Island  were  covered,  in  places,  with 

dead  pu])S,  all  of  which  had  every  symptom  of 

J.  C.  licdpath,  p.  152.    having  died  of  hunger,  and  on  opening  several 

of  them  the  stomachs  were  found  to  be  empty. 

The  lowest  estimates  made  at  the  time,  placing  the  number  of  dead 

pups  on  the  rookeries  at  25,000,  is  too  high. 

Oausi:  oli"  Death  of  Pups. 

rage  215  of  The  Case. 

The  majority  of  the  pups,  like  all  healthy  nursing  animals,  were 
plump  and  fairly  rolling  in  fat.     I  have  watched 

J.  C.  S.  Akerly,  p.  96.  the  female  seals  draw  uj)  out  of  the  water,  each 
pick  out  its  pup  from  the  hundreds  of  young 
seals  sporting  near  the  water's  edge,  and  with  them  scramble  to  a  clear 
spot  on  the  rookery,  and  lying  down  give  them  suck.  Although  I  saw 
pups  nursing  in  a  great  many  cases,  yet  I  never  saw  one  of  the  sickly 
looking  pups  receiving  any  attention  from  the  female.  They  seemed  to 
be  deserted. 

The  cause  of  the  great  mortality  amongst  the  seal  pups  seemed  to 
me  to  have  ceased  to  act,  in  great  part,  before  my  tirst  visits  to  the  rook- 
eries; for  subsequent  visits  did  not  show  as  great  an  increase  hi  the 
masses  of  dead  as  I  would  have  expected,  had  the  causes  still  been  in 
active  operation.  It  seemed  to  me  that  there  were  fewer  sickly  looking 
pups  at  each  subsequent  visit.  This  grew  to  be  more  and  more  the  case 
as  the  season  advanced.    When  I  visited  the  rookeries  for  the  puipose 


-7 


CAUSE    OF    DKATU    UF    I'lIl'S. 


475 


10  that  as  the 
nil  year  to  year 
I,  until  in  1891 

tlicni.  From 
lere  was  m(»re 
out  coining  to 
lave  to  liovcr 
1  take  all  the 

to  feed  iiCtcr 
nd  killed  and 


n,£j  dead  upon 

>tiinated  their 

and  they  had 

I  having  beei^ 


und  the  rook- 
h  in  1891  lay 


this  past  sea- 
er  years? — A. 
ead  i)ups  this 
lay  say  twice 


n  places,  with 
symptom  of 
ening  several 
to  be  empty, 
liber  of  dead 


nimals,  were 
lave  watched 
B  water,  each 
Js  of  young 
ible  to  a  clear 
hough  I  saw 
of  the  sickly 
ey  seemed  to 

s  seemed  to 
?  to  the  rook- 
crease  in  the 

still  been  in 
ckly  looking 
lore  the  case 

the  pui'pose 


of  examining  tlie  dead  bodies,  it  was  with  extreme  difUlculty  that  car- 
casses could  be  found  fresh  enough  to  jjcrniit  <»f  a  satisfactory  <'.\aniina- 
tion.  1  examined  a  hng<' miniber  of  carcasses.  All  showed  an  entire 
absence  of  fatty  tissue  between  the  skin  and  muscular  tissue.  The 
omentum  in  all  cases  was  destitute  of  lat.  These  are  the  positions 
where  fat  is  usually  present  in  all  animals.  Well  nourished  young  ani- 
mals always  have  a  large  amount  of  fat  in  these  localiti«'s.  The  few 
(■arcasses  which  were  found  in  a  fair  state  of  i)rescrvati(»n  weri!  ex- 
amined more  thoroughly.  Tiii-  stoimmlis  were  found  emi>ty  and  con- 
tracted, but  presented  no  evidence  of  «lisease.  The  intestines  were 
emjity,  save  in  a  few  cases,  where  small  amounts  of  fecal  matter  were 
found  in  the  large  intestines.  A  careful  examination  of  the  intestines 
failed  to  discover  any  evidence  of  disease.  The  heart,  lungs,  liver,  and 
kidneys  were  in  a  healthy  condition. 

Such  is  the  evidence  on  which  1  have  founded  my  oi>inion  that  the 
cause  of  the  great  mortality  during  1891  amongst  the  young  seals  on 
St.  Paul  Island,  llering  Sea,  was  caused  by  the  dci)rivation  of  mother's 
milk.  The  result  ol'iny  invest! j;at ion  is  thai  th<'ic  was  great  mortality 
exi'lusively  amongst  nursing  seals.  Secondly,  the  cause  of  this  mor- 
tality seemed  to  have  been  abated  pari  jjonnu  with  the  abatement  of 
sea  sealing.  Thirdly,  the  luesence  of  emaciated,  sickly  looking  pui)8 
which  were  a]»parcntly  deserted  by  their  molliers.  Fourthly,  the 
plump,  healthy  a])i»caranceol  all  Ihe  pups  ]  saw  nursing.  Fifthly,  the 
emaciated  c(mdition  of  the  dead.  Sixthly,  the  absence  of  food  in  the 
stomachs,  and  their  contracted  condition.  Seventhly,  the  absence  of 
digested  food  in  the  small  intestines.  Eighthly,  the  absence  of  even 
fecal  matter,  save  in  small  amounts  in  a  few  cases.  Ninthly,  the  ab- 
sence of  structural  changes  in  the  viscera  or  other  parts  of  the  bodies 
to  account  for  the  death. 

Q.  Did  you  see  any  dead  pups  on  the  rookeries  this  season  ? — A. 
Yes;  my  attention  was  called  to  the  matter  by 
J.  Stanley  Brown,  who  reciuested  me  to  examine      j.c.S.Jkerly,p.Ul. 
them  with  a  view  to  determining  the  cause  of  their 

death.  I  examined  a  number  which  iiad  apparently  recently  died. 
Their  bodies  were  entirely  destitute  of  fat  and  no  food  to  be  found  in 
their  stomachs.  After  a  careful  examination  I  found  no  evidence  of 
disease. 

Q.  What  do  you  assign  as  the  cause  of  their  death. — A.  I  believe 
them  to  have  died  of  starvation. 

Q.  AVhy  do  you  think  they  died  of  starvation? — A.  From  the  fact 
that  nearly  all  the  dead  on  the  rookery  were  ]mps,  and  from  absence 
of  all  signs  of  disease,  emaciated  condition  of  their  bodies,  and  absence 
of  food  from  their  stomachs. 

There  were  a  great  many  dead  pups  on  the  rookeries  during  my  hist 
three  years  on  St.  l*aul  Island.     Many  of  them 
wandered  helplessly  about,  away  from  the  groujjs       W.  C.Jllis,p.  98. 
or  "pods"  where  they  were  accustomed  to  lie,  and 
flnally  starved  to  death.    We  knew  at  the  time  what  killed  them,  for 
the  vessels  and  boats  were  several  times  i)lainly  in  sight  from  the 
Island  shooting  seals  in  the  Avater,  and  the  revenue  cutters  and  com- 
pany's vessels  arriving  at  the  island  frequently  reported  the  presence 
in  Bering  Sea  and  sometimes  the  capture  of  these  marauding  crews. 
If  all  had  been  captured  and  the  business  broken  up  the  seal  rookeries 
would  be  healthy  and  prosperous  to-day,  instead  of  being  depleted  and 


ilfi 


476 


EESULTS. 


broken  up.    I  speak  positively  about  it,  because  uo  other  cause  can  be 
assigned  for  their  depletion  upon  any  reasonable  hypothesis. 

It  was  easy  enough  to  see  Avhat  they  (^kH  of.    Thoy  simply  starved 

to  death,  wain' oiing  about  and  bleating  until  it 

Jno.  Armstrong,  p.  2.      nuide  oue's  ^..-art  ache  to  see  them.    Their  mothers 

had  be«';i  killed  off  in  the  water,  and  the  pups 

lived  and  suffered  for  week^.     Thoy  are  very  tenacious  of  life,  holding 

out  six  or  eight  weeks  or  more  after  they  lose  their  mothers. 


These  dead  pups  have  increased  from  year  to  year  sin(!e  1887,  and  in 

181)1  the  rookeries  were  covered  with  dead  ])nps, 

K.  Artomanoff,  p.  100.    Jn  my  sixty-sevcu  years'  residence  on  the  island  I 

never  before  saw  anything  like  it.    N<>ne  of  our 

people  have  ever  known  of  any  sickness  among  the  pups  or  seals  and 

have  never  seen  any  dead  pups  on  the  rookeries  except  a  few  killed  by 

the  old  bulls  when  fighting  or  by  drowning  when  the  surf  washed 

them  off. 


0- 


Dr.  Ackerly,  the  lessees'  physician  at  the  time,  made  an  autopsy  of 
some  of  the  carcasses,  and  reported  that  he  could 

Milton  Barnss,  p.  101.    tiud  no  traces  of  any  diseased  condition  whatever, 

but  there  was  sm  entire  absence  of  food  or  any 

signs  of  nourishment  in  the  stomacli.     Before  l>r.  Dawson  left  I  called 

his  attention  to  what  Dr.  Ackerly  had  done,  but  whether  he  saw  him 

on  the  subject  I  can  not  tell. 

I  procured  a  number  of  these  pups,  and  Dr.  Akerly,  at  my  request, 
made  autopsies,  not  only  at  the  vilhige,  but  later 
J. Statiley  Brown,  p.  19.  on  upon  the  rookeries  themselves.    The  lungs  of 
these  dead  pups  floated  in  water.    There  was  no 
organic  dise.ise  of  heart,  liver,  lungs,  stimiach,  or  alimentary  canal.    In 
the  latter  there  was  but  little  and  often  no  fecal  nuitter  and  the  stom- 
ach was  entirely  empty.    Pups  in  the  last  stage  of  emaciation  were 
seen  by  me  upon  the  rookeries,  and  their  condition,  as  well  as  tliat  of 
the  dead  ones,  left  no  room  to  doubt  that  their  death  was  caused  by 
starvation. 


I 


Some  men  tell  melast  year  "  Karp,  sealsare  sick."  I  know  scalsare  not 

sick ;  I  never  seen  a  sick  seal,  and  1  eat  seal  meat 

Earp  linteriii,  ]'.  103.      every  day  of  my  life;  --ui  our  ])eople  eat  seal  meat, 

white  men  eat  seal  meat,  no  one  ever  seen  bad  seal 

meat  or  sick  seal.    No  big  seals  die  unless  we  club  them,  only  pups  die 

when  starved,  after  the  cows  are  shot  at  sea.     When  we  used  to  kill 

l)ups  for  food  in  November  they  were  always  full  of  milk;  the  pups 

that  die  on  the  rookeries  have  no  milk.    The  cows  go  int^)  the  sea  to 

feed  after  the  pups  are  born,  and  the  schooner  men  shoot  them  all  the 

time. 


|ir  ' ' 


The  pups  on  the  rookeries  were  f\it  and  healthy,  and  while  I  was  on 
the  islands  no  epidemic  disease  ever  appeared 

Chai  Bryant,  p.  8.  among  them,  nor  di<l  the  natives  have  stories  of 
au  •  Didemic  ever  destroying  them. 


cause  can  be 

isis. 

niply  starved 
.'atiiig  until  it 
riicir  mothers 
and  tlie  pups 
['  life,  liolding 

TS. 

e  1887,  and  in 

til  dead  ])nps. 

>n  the  island  I 
None  of  our 

s  or  seals  and 
few  kille<l  by 
surf  washed 


an  autopsy  of 
that  he  (iould 
ion  whatever, 
f  food  or  any 
u  left  I  called 
if  he  saw  him 


t  my  request, 
ujic,  but  later 

The  lungs  of 
There  was  no 
iry  canal.  In 
iind  the  stom- 
aciation  were 

ell  as  that  of 
^as  caused  by 


V  seals  are  not 
eat  seal  meat 
eat  seal  meat, 
seen  bad  seal 
only  pups  die 

nsed  to  kill 
Ik;  the  pu])S 
ito  the  sea  to 

them  all  the 


lile  I  was  on 
/er  ai>peared 
ve  stories  of 


CAUSE  OF  DEATH  OF  PUPS. 


477 


I.  ( 


1  was  informed  at  the  time  [November,  ISO  1 1  that  the  stomaelis  of 
dead  pups  had  been   examined   by  the  roedieal 

officers  at  the  island  and  no  truces  of  food  were     ■/iio.c.CaniweH,pA(iS. 
found  therein.     From  personal  observation  I  am 
of  the  ojjinion  that  fully  ItO  per  cent  of  them  died  of  starvation,  great 
emaciation  being  apparent. 

The  greatert  number  of  seals  taken  by  hunters  in  1801  was  to  the 
westward  and  nortlnvestward  of  St.  Paul  Ishind, 
and  the  largest  nniwber  of  <lead  pups  were  found      f^'-  C.  CouinovipAio. 
that  year  in  rookeries  situated  on  the  western 

side  of  the  island.  This  fact  alone  goes  a  great  way,  in  my  opinion,  to 
confirm  the  theory  that  the  loss  of  the  mothers  was  the  cause  of  mor- 
tality among  the  young. 

A  good  many  pups  are  killed  at  this  period  of  life  [before  learning  to 
swim]  by  being  dsished  against  tlie  roi^ks  by  the 
surf,  which  is  purticularly  violent  about  these     Sam'l  Falconer,  p.  165, 
islands. 

I  iiave  never  known  of  any  sickness  or  epidenn'c  among  the  seals, 
and  1  am  of  the  opinion  that  the  thousands  of 
dead  pups  on  the  rookeries  last  year  died  of  starva-      c.  L.  Fowhr,  p.  25. 
tion  on  account  of  their  mothers  being  shot  and 
killed  while  feeding  at  the  fishing  banks  in  the  sea. 

I  was  present  last  year  and  saw  some  of  the  dead  pups  examined. 
Their  stomachs  were  empty,  and  they  i)resented  all  the  appearances  of 
starvation.  1  also  noticed  on  the  rookeries  a  great  many  enuiciated 
pups,  which,  on  a  later  visit,  would  be  dead.  It  has  always  been  the 
practice  ])rior  to  ISDl  tor  the  natives  to  liill  three  to  four  thousand  pups 
in  November  for  food,  and  we  always  liud  their  stomachs  filled  with 
milk. 

Wheri  Mr.  "Webster  had  charge  of  the  killing  at  Northeast  Point, 
where  he  used  to  kill  from  135,000  to  3r>,000  seals 
in  a  season,  I  generally  did  the  cooking  there,      Jolm  I'ratiH,  p.  107. 
and  I  cooked  seal  meiit  every  day,  and  we  idl  ate 
it,  and  our  people  live  on  seal   meat,  yist  I   never  saw  a  sick  or  a 
diseased  seal  or  a  carcass  that  was  unfit  for  foo<l. 

It  is  my  opinion  that  the  cows  are  killed  by  the  hunters  when  they  go 
out  in  the  sea  to  ft^.-d, and  the  pups  are  h'it  to  die     j^,^^  J,..^^■        ^oy. 
and  do  die  on  the  island. 

But  that  year  [1884]  I  examined  them,  and  found  them  very  much 
emaciated.    In  my  Judgment  they  were  starved  to 
death  because  their  mothers  had  been  killed  while      //.  a.  aUdden,  p.  iio. 
away  from  the  islands  in  search  of  food,    Tliis, 
perhaps,  would  not  be  so  if  a  cow  would  suckle  ai'y  ])U]>  that  comes  to 
her,  but  she  will  not,  and  on  the  contrary  will  beat  off  any  young  seal 
which  endeavors  to  nurse  from  her  except  her  own.    I  know  a  cow  rec- 
ognizes her  ]mp,  but  a  pup  never  seems  to  distinguisli  its  mother  from 
other  cows  which  it  comes  in  contact  with. 


They  were  thin  and  poor,  and  appeared  to  have 
starved  to  death. 


Alex  ITansson,  2>-  116. 


478 


RESULTS. 


It  is  a  well  known  fact  tliat  the  female  seals  loavo  the  islands  and 
go  j>icat  distances  for  food,  and  it  is  clearly  proven 
that  many  of  them  do  not  retnrn,  as  tlie  number 

W.  S.  Hercfora,  p.  33.  ^^j-  ^^^^^^^  starved  lo  death  on  the  rookeries  demon- 
strates. 

I  have  been  steward  and  cook  at  the  company  house  for  the  lessees 

since  1882,  and  durinf"-  the  time  when  seals  are 

Edward  Hughes,  p.  37.  killed  for  skins  or  food  1  have  daily  prepared  and 

cooked  the  meat  in  vaiious  ways  for  the  use  of  the 

table  at  Avhich  all  white  people  board  who  live  on  or  come  to  the  island, 

and  such  a  thing  as  a  diseased  seal  has  never  been  known.    I  was 

])iesent  when  Dr.  Akerly,  the  resident  physician,  made  an  examination 

of  some  of  them  and  it  was  found  that  tlieir  stomachs  were  empty,  and 

that  they  exhibited  all  the  conditions  of  starvation. 


None  of  our  people  ever  knew  of  any  sickness  among  the  seals  and 

^    ,  ,„.    ]>"ps,  and  their  Hesh  has  always  been  our  meat 

Jac,  Eotchooten, p.  131.  \.^..a 


I  have  often  cut  open  dead  pups  and  examined  their  stomachs,  and 
found  them  eniptv,  and  the  pui)s  looked  as  if  they 
McoUKn,koff,  p.  132.    had  been  starved  to  death.     *    *    * 

When  we  used  to  kill  pups  for  food  and  clothing  in  ^November,  I 
often  examined  them,  and  always  found  i)lenty  of  milk  in  their  stomachs. 

I  never  saw  or  heard  tell  of  a  sick  seal,  and  although  we  have  always 
eaten  the  flesh  of  the  fur-seal  we  have  never  Ibund  one  that  was  diseased 
in  any  way. 

I  never  saw  a  dead  grown  seal  on  the  i.sland  during  my  twenty-five 
years'  residence  here,  except  odd  ones  that  had 

Aggei  Knshen,  p.  128.     been  killed  iu  ligliting  for  places  on  the  rookeries. 

I  never  heard  any  of  the  old  men  who  have 
lived  here  for  fifty  years  before  my  time  speak  of  such  a  thing  as  sick- 
ness or  death  among  the  seals.  We  cat  the  tlesh  of  the  seal  and  it 
constitutes  the  meat  sui)i;ly  of  the  nati\es,  and  seals  from  2  to  5 
years  old  have  been  killed  by  them  for  food  every  week  during  their 
stay  on  the  land  ever  since  the  islands  were  peopled,  and  no  one  has 
yet  found  a  diseased  seal,  either  young  or  ohl. 

I  saw  many  of  them  cut  open  and  examined  by  the  doctor  (Dr.  Ack- 
erly)  and  their  stomachs  were  empty.    All  of  the 
Aggci  Kushen,  p.  130.     d<'ad  pups  were  poor  and  thin  and   starved.    I 
believe  they  all  died  of  starvation  because  their 
mothers  had   been  shot  at   sea  when  they  went  out  to  feed.    I  lu-ver 
saw  a  full  fat  pu])  or  one  who  had  a  mother  to  feed  him  dead,  ex- 
cept a  few  that  were  drowned  in  the  surf 


For  if  the  mother  seals  are  destroyed,  their  young  can  not  but  per- 
ish; no  other  dam  will  suckle  them;  nor  can  they 
JI.  IT.  Mvlniijre,p.  v>i.  sub.sist  until  at  least  three  or  four  months  oM 
without  the  mother's  milk.     The  [o  s  of  this  vast 
number  of  pu])s,  amounting  to  nmny  thousands,  we  could  attribute  to 
no  other  cause  than  the  death  of  the  mother  at  the  hands  of  pelagic 
seal-hunters. 


CAUSE  OF  DEATH  OK  PUFS. 


479 


le  islands  and 
clearly  proven 
-s  the  number 
ikeries  demon- 


br  the  lessees 
lien  seals  are 

prepared  and 
•the  use  of  the 

to  the  Island, 
nown.  I  was 
I  examination 
re  empty,  and 


the  seals  and 
een  our  meat 


tonmchs,  and 
ijvod  as  if  they 

November,  I 
leir  stomachs. 
e  have  always 
t  was  diseased 


ly  twenty-flve 
nes  that  had 
the  rookeries. 
leu  who  have 
thing  as  sick- 
e  seal  and  ic 
from  2  io  5 
during  their 
id  no  one  has 


tor  (Dr.  Ack- 
All  of  the 
starved.  I 
)e('ause  their 
('(1.  I  n»-,ver 
m  dead,  ex- 


not  but  per- 
nor can  they 
months  ohl 
of  this  vast 
attribute  to 
Is  of  pelagic 


Q.  How  do  you  account  for  so  many  dead  pups? — A.  I  think  their 
mothers  were  killed  in  the  sea  by  the  poachers 
while  away  from  the  islands  in  search  of  food.      jVben  Mmdregin  et  ah, 
Q.  Why  do  you  think  that  they  were  killed  by  v-  ^40. 
poachers? — A.  I  was  once  on  board  a  schooner 
which  was  seized  at  Northeast  Point  and  saw  a  number  of  female  skins 
on  board. 

Q.  How  do  you  account  for  this? — A.  1  think  the  cows  were  killed 
by  the  jioachers  while  away  from  the  rookeries, 

and  as  mother  seals  nurse  none  but  their  own     Anton  Meloiecloff,p.\ZQ. 
young,  consequently  the  pups  Avhose  mothers  were 
killed  die  from  starvation. 

And  I  saw  many  of  them  opened,  and  in  all  cases  there  was  not  a 
sign  of  food  in  their  stcMnachs.     I  never  seen  a 
pup  that  had  a  mother  lining  to  suckle  it  look  poor     ^-  Melovedoff,  p.  143. 
or  sick  or  starved ;  nor  did  I  ever  see  or  hear  of  a 
sick  or  diseased  seal,  although  I  have  eaten  the  flesh  of  the  fur  seal 
all  my  life,  and  it  is  and  has  ever  been  the  staple  meat  ration  of  our 
people. 

Seal  meat  is  cooked  at  the  company  house  every  day  while  seals  are 
to  be  had,  and  it  is  eaten  by  all  the  white  men  on  the  island.  Men  talk 
of  epidemics  among  seals  and  of  impotent  bulls  on  the  rookeries,  but 
those  who  have  spent  a  lifetime  on  the  seal  islands,  and  whose  business 
and  duty  it  has  been  to  guard  sind  observe  them,  have  no  knowledge  of 
the  existence  of  either. 

And  when  they  were  examined  by  the  physician  I  was  present,  and 
I  saw  them  cut  open  and  their  stomachs  were    „.        ,, ,    ., 
empty  and  not  a  sign  of  milk  in  them.  ^'"""'"  ^'«'''^-"^«'".  P- 1  '«• 

The  only  solution  of  the  problem  is,  in  my  opinion,  that  the  cows  or 
mother  seals  go  into  the  sea  to  feed,  and  while  they  are  there  they  are 
shot  and  killed  by  pelagic  hunters,  and  the  pups,  deprived  of  suste- 
nance, die  upon  the  rookeries. 

Until  1891  Ave  were  allowed  several  thousand  iiup  seals  for  food,  and 
I  have  often  killed  them,  and  saw  others  killing  them,  and  they  w«u"e 
.always  full  of  milk.  The  ])ups  found  dead  upon  the  rookeries  are 
always  poor  and  thin  and  starved  and  empty.    *     *    * 

The  llesh  of  the  fur-seal  has  been  eaten  by  our  i)eo]de  ever  since 
their  first  settling  here,  and  it  constitutes  the  chief  i)art  of  their  daily 
food,  and  it  is  eaten  regularly  by  every  white  man  on  the  island;  and 
yet  no  one  here  has  ever  seen  or  heard  tell  of  a  sick  or  diseased  seal. 

The  seals  are  never  visited  by  physical  disorders  of  any  kind,  so  far 
as  I  could  ascertain,  ana  1  have  never  seen  on 
their  bodies  any  blemishes,  humors  or  eruptions      John  M.  Morton,  p.  Q9, 
which  might  be  attributed  to  disease. 

These  latter  pups  I  examined,  and  they  seemed  to  be  very  much 
emaciated.     In  my  opinion  they  died  of  starva- 
tion, caused  by  tlie  mothers  having  been  shot      J-  U-  Monlion,  p.  71. 
while  absent  from  the  islands  feeding.    Another 

cause  of  their  starving  is  l)ecause  a  cow  refuses  to  give  suck  to  any 
pup  but  her  own,  and  she  recognizes  her  offspring  by  its  cry,  distin- 
guishing its  voice  from  that  of  hindicds  of  others  which  are  constantly 
bleating. 


480 


RESULTS. 


II 


I 


IP 
W 


The  epidemic  theory  was  urged  very  strongly  in  1891,  when  the 
rookeries  were  found  covered  with  dead  pups; 

L.  A.  Noyes,  p.  84.  but  a  careful  and  technical  examination  was  made 
on  several  of  the  dead  bodies  without  discovering 
a  trace  of  organic  disease;  while  st.arvation  was  so  apparent  that  those 
who  examined  them  decided  that  it  was  the  true  cause  of  their  death. 
Had  sickness  or  disease  attacked  the  seal  herd  it  is  only  reasonable  to 
suppose  a  few  grown  seals  would  be  found  dead  where  so  many  young 
ones  had  died  so  suddenly;  but  the  most  diligent  search  has  failed  to 
find  a  grown  seal  dead  upon  the  islands  from  unknown  causes. 

From  the  discovery  of  the  islands  until  the  present  time  the  flesh  of 
the  fur  seal  has  been  the  daily  meat  ration  of  the  natives  and  of  the 
white  people,  and  yet  it  is  a  fact  that  a  tainted  or  diseased  carcass  has 
never  been  known. 

Some  of  these  losses  were  due  to  their  perhaps  too  early  attempts  to 
swim.    When  the  pup  is  a  few  months  old  the 
H.  G.  Otis,  p.  87.  mother  seal  conducts  it  to  the  water  and  teaches 

it  to  swim  near  the  shore.  If  a  heavy  sea  is  en- 
countered the  weak  little  pup  is  liable  to  be  thrown  by  the  surf  against 
the  rocks  and  killed,  but  under  natural  conditions  and  with  the  pro- 
tection to  the  rookeries  formerly  enforced  at  the  islands  the  losses  from 
this  cause  and  all  others  combined  (save  alone  the  authorized  killing) 
amounted  to  an  infinitesimal  percentage  of  the  whole  numbers  in  the 
herds. 

Another  theory,  equally  untrue,  was  that  an  epidemic  had  seized  the 
herd;  but  investigations  of  the  closest  kind  have 

J.  C.  liedpath,  p.  151.  never  revealed  the  death,  on  the  islands,  of  a  full- 
grown  seal  from  unknown  causes.  Let  it  be  re- 
membered that  the  flesh  of  the  seal  is  the  staple  diet  of  the  natives  and 
that  it  is  eaten  daily  by  most  of  the  white  employ<.%  as  well;  and  yet 
it  is  true  that  a  sign  of  taint  or  disease  has  never  been  found  on  a  seal 
carcass  in  the  memory  of  man.  It  was  not  until  so  many  thousands 
of  dead  pui)s  were  found  upon  the  rookeries  that  the  i)roblem  was  solved. 

The  truth  is  that  when  the  cows  goout  to  thefeedinggrounds  to  feed  they 
are  shot  and  killed  by  the  pelagic  hunter,  and  the  pups,  deprived  of  suste- 
nance, die  upon  the  rookeries.  Excepting  a  few  pups  killed  by  the  surf 
occasionally  it  has  been  demonstrated  that  all  the  pjips  found  dead  are 
poor  and  starved,  and  when  examined  their  stomachs  are  found  to  be 
without  a  sign  of  food  of  any  sort. 

The  resident  physician.  Dr.  Ackerly,  examined  many  of  them  and 
found  in  every  instance  that  starvation  was  the  cause  of  death. 


L'fci-f 


\i 


It 


A  double  waste  occurs  when  the  mother  seal  is  killed,  as  the  pup  will 
surely  starve  to  death.    A  mother  seal  will  give 
Z.  L.  Tanner, p.  375.      sustenance  to  no  pup  but  her  own.    I  saw  sad  evi- 
dences of  this  waste  on  St.  Paul  Island  last  season, 
where  large  numbers  of  pups  were  lying  about  the  rookeries,  where 
they  had  died  of  starvation. 

I  never  heard  of  any  disease  among  the  seal  herd,  nor  of  an  epidemic 

Danl   Webnter  p  183      ^'^  ''"^  ^^^'^  ^^  ^^*'  ^"^  ^^^^  ^°  *^'®  history  of  the 
■     islands. 


CAUSE  OF  DEATH  OF  PUPS. 


481 


H,  when  the 
dead  pups; 
ion  was  made 
t  discovering 
nt  that  those 
'  their  death, 
reasonable  to 
many  young 
has  failed  to 
luses. 

e  the  flesh  of 
js  and  of  the 
d  carcass  has 


y  attempts  to 
luths  old  the 
'  and  teaches 
,vy  sea  is  en- 
e  surf  against 
with  the  pro- 
le  losses  from 
rized  killing) 
imbers  in  the 


lad  seized  the 
est  kind  have 
mds,  ofa  full- 
Let  it  be  re- 
e  natives  and 
well;  and  yet 
and  on  a  seal 
ny  thousands 
n  was  solved, 
s  to  feed  they 
ivedofsuste- 
id  by  the  surf 
11  nd  dead  are 
e  found  to  be 


So,  too,  is  revolting  the  slaughter  of  the  female  seal  that  has  given 
birth  to  her  pup  and  gone  out  into  the  sea  to  find 
food  to  sustain  the  lives  of  both  of  them.  She  T.  T.  nuiiama, p.  503. 
leaves  her  pup  on  shore,  a  helpless,  tiny  thing,  soft 
and  pulpy,  and  only  able  to  wriggle  and  bark.  Nature  has  taught  her 
to  recognize  it  among  hundreds  of  thousands  by  its  plaintive  bleat,  and 
the  eagerness  with  which  she  rushes  to  its  side  when  she  comes  ashore 
shows  how  much  she  loves  to  fondle  and  care  for  it.  If  the  mother  is 
killod  the  pup  will  linger  on  for  a  time,  only  to  die  of  starvation  in  the 
end,  or,  l)e('anKe  of  weakness,  be  dashed  to  pieces  in  the  first  storm. 
Thousands  of  these  orphan  pups  are  found  along  the  coast  after  a  se- 
vere storm,  dead,  because  they  had  not  sufiicient  strength  to  exist  in 
their  natural  element.  Had  their  mothers  been  spared  till  it  was  time 
for  the  pups  to  take  to  the  water  and  live  on  fish  of  their  own  catching, 
ISO  storm  that  ever  raged  in  the  Arctic  Ocean  could  disturb  them.  The 
seal  pup  can  live  a  long  time  without  food,  ^\hich  is  a  wise  provision  of 
nature,  because  the  mother  often  has  to  go  a  very  long  distance  to  fish, 
but  after  a  few  days,  if  the  mother  does  not  return,  the  pup's  vitality 
becomes  exhausted  and  it  dies. 

If  the  mother  of  a  young  seal  is  killed  the  pup  is  very  likely  to  die. 
It  will  be  so  weak  that  the  first  storm  will  dash  it 
ashore  and  kill  it,  or  it  may  die  of  starvation.    I      r,  r.  Williams,  quoting 
have  seen  pups  hardly  larger  than  a  rat  from  lack  Capt.  oimn,  p.  505. 
of  nourishment.    A  starved  or  neglected  orphan 
pup  is  nearly  sure  to  die.    At  one  storm  the  natives  found  over  three 
hundred  pups  washed  ashore  iu  a  little  cove,  and  the  water  around  was 
full  of  dead  pups.    It  is  certain  that  nearly  all  the  dead  pups  were 
orphans.    The  female  seal  when  suckling  her  young  has  to  go  out  into 
the  ocean  in  search  of  food,  and  it  is  those  females,  or  females  on  the 
way  to  the  breeding  grounds  to  give  birth  to  the  young,  that  wo  kill  in 
the  Bering  Sea. 

31  BS 


of  them  and 
?ath. 

_,  the  pup  will 

3eal  will  give 

saw  sad  evi- 

d last  season, 

series,  where 


an  epidemic 
istory  of  the 


h; 

1  • 

W 

m 

i.  • 

PROTECTION  AND  PRESHRVATION. 


OTHER  SEA*L  HERDS. 
DESTRUCTION  OP. 
Pase  218  of  The  Case. 

Patagonia. — The  seal  rookeries  of  ratiis'onia  He  along  the  eastern 
coast,  soutli  of  about  latitude  42°,  and  up  tl»e 
western  coast  to  the  Gulf  of  Penas.    Formerly     James  W.  BuiUngton,  p. 
these  regions  abounded  in  seals,  but  now  there  593. 
are  not  enough  to  pay  for  the  hunting.     In  1881  I 
took  GOO  seals  off  the  western  coast  at  I'ictou  opening.     In  1888-'89  I 
again  visited  the  coast,  but  only  obtained  4  skins.    Great  quantities 
have  been  taken  from  the  eastern  coast,  but  at  i)resent  there  are  no 
seals  there. 

Terra  del  Fnego  avd  the  i/tlandt^  in  the  vicinity. — These  islands  were 
at  one  time  very  abundant  in  seals,  and  were  considered  among  the 
best  rookeries.  I  visited  them  in  1870-'S0  and  took  5,000  skins.  On 
my  last  voyage,  in  1801-'92, 1  took  only  900,  and  the  majority  of  these 
came  from  another  portion  of  the  coast,  which  had  not  been  worked 
for  twelve  or  fifteen  years.  Thousands  of  skins  had  formerly  been 
taken  from  these  islands,  biitthe  animals  are  practically  extinct  there 
to-day. 

Falkland  Islands. — At  one  time  these  islands  were  very  abundant  in 
seal  life,  but  excessive  and  indiscriminate  killing  has  nearly  annihi- 
lated them. 


South  Georgia  Inland. — This  island  at  one  time  produced  many  thou- 
sand skins.     I  visited  it  in  1874  and  got  1,450 
skins,  but  it  had  been  visited  five  years  before,     James  W.  Budington,  p. 
when  800  skins  were  taken,  ar.  1  where  those  had  594. 
been  taken  I  only  got  8G.    I  found,  a  new  rookery 
which  had  not  been  not  been  worked,  to  my  knowledge,  and  then  I 
got  the  remainder.    In  1875  5  vessels  visited  the  island  and  got  000 
seals.    The  npxt  season  4  vessels  again  worked  it,  getting  110.    Since 
that  time,  until  January,  1892,  it  had  not  been  worked,  and  in  that 
month  I  got  from  there  135  skins,  none,  however,  coming  from  the  old 
rookeries.    The  seals  on  South  Georgia  are  i)ractipally  extinct. 

iSontk  Shetland  Islands. — The  shores  of  these  islands  were  once  cov- 
ered with  seals,  but  there  are  practically  none  there  now.  I  don't  think 
100  skins  could  be  taken  from  there  at  the  present  time,  while  I  have 
known  of  1  vessel  taking  00,000  in  a  season.  Since  my  experience  be- 
gan, however,  the  biggest  catch  was  13,000  by  a  fleet  of  4  vessels;  that 
was  in  1871-72.  I  was  there  at  that  time.  The  next  year  we  took 
about  12,000,  the  fleet  consisting  of  G  vessels.    In  1873-'74  our  fleet  of 

483 


484 


OTHER   SEAL   HERDS. 


I  ! 


'Iff' 
'i  'i  t 


;iM 


7  vessels  took  about  6,000.  Up  to  about  1880  from  100  to  200  seals  were 
taken  {innually  from  tliese  islands.  Since  18JS0  the  rookeries  were  not 
worked  till  1888-'89.  That  season  I  visited  the  islands  and  took  39 
skins.    I  again  went  there  this  year  and  took  41. 

Sandicich  Land. — In  1875-'76  I  visited  these  islands;  there  were  3  or 
4  vessels  in  the  fleet.  We  sean^hed  the  s(mtiiern  islands  and  found 
nothing.  One  vessel  went  to  the  northern  islands  and  took  about  2,000 
skins.  In  1876-'77  I  was  there  again,  the  fleet  consisting  of  0  vessels. 
We  took  altogether  about  4,000.  The  next  season  some  vessels  again 
visited  the  islands,  but  did  not  take  100  seals.  In  1880-'8l  2  vessels 
stopped  there,  but  got  no  skins.  From  that  time  until  I  called  there 
this  season  they  had  not  been  worked.  I  took  400  skins.  Perhaps  200 
more  could  be  taken  there,  but  not  more,  and  that  would  clear  them 
up,  except  what  few  young  seals  might  live  through  this  season.  I 
have  never  been  on  the  Lobos  Islands,  but  in  passing  the  mouth  of  the 
Platte  in  September  I  have  seen  seals  in  the  water  a  hundred  miles 
from  the  islands. 

From  hundreds  of  thousands  of  seals  resorting  to  these  islands  and 
coasts,  the  numbers  have  been  reduced  to  a  few 

Jaa.  W.  Budington,  p.  hundreds,  which  seek  the  land  in  scattered  bands 
595.    (Antarctic.)  j^jjj  ^.^g]^  ^q  ^;\^^  ggj^  j^jj  |-](p  approach  of  man. 

Manner  of  sealing. — When  I  first  began  sealing  in  1871,  these  rook- 
eries had  not  been  worked  for  twenty-five  or  thirty  years,  and  the 
seals  had  had  a  chance  to  increase.  The  seals  were  then  very  tame, 
and  were  all  killed  ^v^ith  clubs.  So  tame  were  they  you  could  go  around 
among  them  like  you  could  among  cattle,  and  at  one  place  they 
wouldn't  get  out  of  the  way,  so  had  to  be  knocked  in  the  head  in  order 
to  make  room  to  set  up  a  tent.  Before  1880,  however,  the  seals  had 
become  wild  from  hunting,  and  we  had  to  use  guns,  killing  them  on 
the  rookeries  and  in  the  water,  wherever  we  could  get  at  them. 

Waste  of  life. — We  killed  everything,  old  and  young,  that  we  could 
get  in  gnnshot  of,  excepting  the  black  pups,  whose  skins  were  un- 
marketjible,  and  most  all  of  these  died  of  starvation,  having  no  means 
of  sustenance,  or  else  were  killed  by  a  sort  of  buzzard,  when  the  mother 
seals,  having  been  destroyed,  were  unable  to  protect  them  longer.  So, 
too,  these  birds  ate  the  carcasses  of  the  dead  pups,  and  little  traces 
were  to  be  found  of  the  bodies.  The  seals  in  all  these  localities  have 
been  destroyed  entirely  by  this  indiscriminate  killing  of  old  and  young, 
male  and  female.  If  the  seals  in  these  regions  had  been  protected,  and 
only  a  certain  number  of  "  dogs"  (young  male  seals  unable  to  hold 
their  positions  on  the  beaches)  allowed  to  be  killed,  these  islands  and 
coasts  would  be  again  populous  with  seal  life.  The  seals  would  cer- 
tainly not  have  decreased,  and  would  have  produced  an  annual  supply 
of  skins  for  all  times. 

As  it  is,  however,  seals  in  the  Antarctic  regions  are  practically  ex- 
tinct, and  I  have  given  up  the  business  as  being  unprofitable.  The 
whole  annual  catch  for  7  vessels  has  not  exceeded  2,(j00  skins  for  the 
last  four  years. 


I  have  observed  the  habits  of  the  seals  frequenting  these  localities, 
and  I  spent  fourteen  consecutive  mouths  on  one 
island,  called  by  us  West  Cliff,  located  on  the 
coast  of  Chile,  about  a  hundred  miles  north  of  the 
Straits  of  Magellan.    On  that  cruise  we  were  three  years  away  fiom 


Geo.  Comer,  p.  596. 
(Antarctic.) 


iv 


200  seals  were 
eries  were  not 
i  and  took  39 

lere  were  3  or 
[Is  and  found 
)k  about  2,000 
f  of  0  vessels, 
vessels  again 
-'81  2  vessels 
I  called  there 
Perhaps  200 
Id  clear  them 
lis  season.  I 
i  mouth  of  the 
mndred  miles 

le  islands  and 
need  to  a  few 
attered  bands 
I  of  man. 
1,  these  rook- 
Jars,  and  the 
an  very  tante, 
lid  go  around 
e  place  they 
head  in  order 
the  seals  had 
lling  them  on 
them. 

hat  we  could 

ins  were  un- 

ing  no  means 

sn  the  mother 

longer.     So, 

little  traces 

calities  have 

d  and  young, 

rotected,  and 

ible  to  hold 

islands  and 

s  would  cer- 

Quual  supply 

actically  ex- 
citable. The 
skins  for  the 


se  localities, 
jnths  on  one 
ated  on  the 
north  of  the 
s  away  fiom 


DESTRUCTION   OP. 


485 


home,  all  of  which  time  was  spent  about  Terra  del  Fuego  and  the  coast 
of  Patagonia  and  (Jhile.  During  these  three  years  (1879  to  1882)  our 
catch  was  4,000  seals,  2,000  of  which  were  taken  the  first  year,  and  we 
])ractically  cleaned  the  rookeries  out.  In  1885  to  1886, 1  visited  South 
Georgia  as  mate  of  a  vessel.  We  had  heard  reports  of  the  number  of 
seals  formerly  taken  there,  but  we  did  not  get  a  seal,  and  only  saw  one. 
In  1887,  while  I  was  on  Goughs  Island,  the  vessel  went  over  to  South 
Georgia  and  took  3  seals.  In  the  summer  of  1887  we  put  six  men  on 
Goughs  Island,  and  then  went  to  the  Crozets  and  Kerguelen  Island, 
(ioramonly  called  Desolation  Island.  On  our  return,  nine  months  after, 
the  gang  had  taken  about  40  or  50  skins.  Years  before  the  English 
had  had  the  working  of  Goughs  Island,  and  had  run  the  business  out, 
so  there  were  practically  no  seal  there.  We  put  a  gang  on  the  Crozets, 
expecting  to  do  well.  They  staid  there  five  months  and  took  3  seals. 
The  English  at  Cape  Town  had  recommended  us  to  go  there,  because 
they  said  that  ibrmerly  they  had  taken  a  great  number  of  skins  there. 
We  went  to  Kerguelen  Island,  and  there  I  had  charge  of  the  sealing. 
We  staid  about  four  months,  and  took  18  seals.  Prior  to  this  visit  I 
had  spent  five  months  at  Kerguelen  Island,  and  we  then  took  6  seals; 
that  was  in  the  winter  of  1883  and  1884.  About  1850  this  island  was 
visited  by  an  American,  who  practically  cleaned  off"  the  seals.  The 
captain  I  shipped  with,  Joseph  Fuller,  visited  the  island  in  1880,  and 
took  3,(500  seals,  practically  all  there  were;  and  this  was  the  increase 
for  the  thirty  years  from  1850. 

In  the  first  part  of  a  season  we  never  disturbed  the  rookeries  we 
visited,  always  letting  the  seals  come  on  shore;      „      ^ 
then  we  would  kill  them  on  land  with  clubs  or  (fntlZuc) 

rifles.  During  the  latter  part  of  a  season  the 
seals  became  very  wild,  and  we  used  to  shoot  them  in  the  water  from 
boats.  When  we  shoot  them  in  the  water  we  lose  certainly  three 
out  of  five  we  kill  by  sinking,  and  we  also  wounded  a  great  many  more. 
Shooting  seals  in  the  water  is  the  most  destructive  method  of  taking 
them  as  comi)ared  with  the  number  of  skins  we  have  to  show  for  our 
work. 

In  1870, 1  sent  a  vessel  to  Chillaway,  off  the  coast  of  Chile,  where 
there  were  thousands  of  seals  in  those  waters. 
This  last  season  the  Hancock  returned  from  a  trip      Geo.  Fogd,  p.  424. 
there,  and  the  cai)tain  informed  me  that  there 
were  no  seals  worth  mentioning.    They  would  have  been  good  rookeries 
to-day  if  they  had  been  protected  from  marauders.    The  Soiith  Shet- 
land rookeries  were  in  the  same  condition  in  former  years,  while  to-day 
you  could  not  get  a  thousand  dollars'  worth  of  seals  if  you  were  to  hunt 
there  the  whole  season. 

In  1885  I  made  a  voyage  to  the  Galapagos  Ishand  as  master  of  the 
scliooner  Dashinf/  Wave,  arriving  there  on  the30tli 

day  of  August,  and  remaining  until  the  8th  day  of  Frank M.  Gaffney,pA30. 
December  of  the  same  year.  I  obtained  at  this 
time  on  those  islands  about  1,000  fur-seal  skins  which  were  sold  in 
London  at  an  average  price  of  about  7  shillings  each.  The  seals  upon 
this  group  do  not  migrate.  I  observed  the  birth  of  pups  during  fre- 
quent intervals  during  all  the  time  I  was  there,  and  from  the  size  of 
those  a  little  older  it  was  apparent  that  they  are  born  at  all  seasons  of 


486 


OTHER    SEAL   HERDS. 


w 

1           S    ^T> 
1               '       f   \f 

f 

1  !  i 

1 

1     u 

1- 

1     k 

1 

'  f' 

Hie  year.  Thoy  live  in  deep  cuives  under  tlio  cliffs,  seldom  go'wg  into 
tlie  Huu.  Many  of  those  obtained  by  me  were  pulled  out  of  these  places 
with  lonft-  j-affs  and  killed.  We  slaughtered  old  and  young  of  both 
sexes.  These  seals  are  browner  and  in  other  respects  quite  different 
from  those  obtained  in  Alaska,  yet  tliey  are  the  true  fur-seal. 

During  the  past  winter  I  have  made  a  second  voyage  as  master  ot 
the  schooner  Jlancock  to  the  southern  waters  in  search  of  seals.  1  ar- 
rived at  Kees  Islet,  off'  the  coast  of  scmthern  Chile  (latitude  40°  4")'  south, 
longitude  75°  45'  west)  and  renmined  there  from  December  1  to  JJc- 
cember  17, 1891,  but  obtained  only  one  seal.  I  learned  that  seal  still 
breed  there  in  considerable  numbers,  but  the  Chileans  are  accustomed  to 
visit  this  islet  at  an  earlier  time  than  the  date  of  my  visit,  while  the 
pups  are  yourig,  and  to  kill  all  they  can  obtain.  In  1880  Capt.  Mills, 
of  the  schooner  La  Ninfa,  visited  this  islet  and  obtained  a  small  catch, 
and  I  am  credibly  informed  and  believe  that  more  than  12,000  seals 
have  since  been  obtained  there. 

On  my  return  voyage  I  touched  at  Juan  Fernandez  (latitude  24°  21' 
south,  longitude  70°  10'  west),  but  got  no  seals,  though  there  were  a 
few  seen  about  there  in  the  water.  On  December  25, 1891,  1  landed  at 
Massafueros  Island  (latitude  34°  11'  south,  longitude  80^50'  west)  and 
got  19  fur  seal  skins.  There  were,  I  should  think,  about  200  or  3(»0 
seals  on  the  island  when  I  arrived  there,  but  as  they  went  into  the 
water,  and  did  not  comecm  shore  again  during  my  stay,  I  could  not  se- 
cure them.  The  pups  at  Massafueros  are  born  in  October,  1  think. 
They  were  old  enougli  to  swim  Avhen  I  was  there. 

A  few  days  later  I  touched  at  St.  Felix  and  St.  Ambrose  islands 
(latitude  20°  10'  south,  longitude  80°  Avest)  and  saw  two  fur-seals. 
Findlay's  South  Pacific  Directory  states  that  there  were  formerly  large 
herds  of  fur-seals  on  these  islands. 

I  touched  also  at  Guadalupe  Islands,  but  found  nothing.  The  Inter- 
national Com])any  have  had  the  lease  of  these  islands  for  several  years 
past,  and,  as  I  am  informed  and  believe,  obtained  some  skins  there  as 
late  as  last  year,  but  upon  the  occasion  of  my  recent  visit,  the  island 
was  deserted  by  both  seals  and  men;  only  a  few  goats  remained. 

Some  eighteen  years  ago  several  thousand  seals  were  taken  on  the 
Guadalupe  Islands  oft"  the  coast  of  Mexico,  but 

Isaac Liehcs, p.  515.  their  hunting  being  uniestricted,  they  were  i>ra(!- 
tically  exterminated  inside  of  three  years.  So 
much  so  that  a  vessel  visiting  these  islands  some  four  months  ago  was 
only  able  to  secure  3  fur-seals,  and  the  captain  states  that  he  does  not 
think  that  even  these  would  have  been  obtained  had  it  not  been  for  the 
large  number  of  caves  on  that  particular  island,  which  probably  gave 
shelter  to  a  few  of  the  animals  while  the  exterminatiou  was  being  prac- 
ticed.   •    *    * 

The  Galapagos  Island  rookery  was  much  larger  than  the  Guadelupe, 
and  the  animals  have  also  become  nearly  extinct  there  by  reason  of 
unrestricted  huntuig. 

Several  vessels  have  visited  the  rookeries  in  the  vicinity  of  Cape 
Horn  and  the  Straits  of  Magellan,  and  the  last  vessel  returned  from 
the  latter  place  only  last  week  with  a  catch  of  twenty-six  skins,  repre- 
senting a  seven  months'  cruise. 

Heretofore  some  expeditions  went  from  this  port  to  the  Shetland 
Islands,  but  their  catches  were  so  small  fjiat  in  the  last  few  years  no 
hunting  has  been  done  in  that  vicinity,  it  being  understood  that  the 
animal  is  extinct  there. 


)in  ffoinj?  into 
1"  these  i)ljice.s 
oung  of  both 
uite  dirteient 
!Oal. 

as  master  of 
r  seals.  1  iir- 
■4G0  4r)'soutli, 
iber  1  to  JJe- 
hat  seal  still 
ccustomed  to 
sit,  while  the 
>  Capt.  Mills, 
I  small  eateh, 
12,000  seals 

itudo  24°  21' 
there  were  a 
1  landed  at 
50'  west)  and 
t  200  or  300 
rent  into  the 
could  not  se- 
ber,  1  tliiuk. 

>rose  islands 
kvo  fill-seals, 
u'merly  large 

The  Inter- 
ieveral  years 
:ins  there  as 
t,  the  island 
lained. 

taken  on  the 
Mexico,  but 
y  were  pracj- 
i  years.  So 
iths  ago  was 
he  does  not 
been  for  the 
obably  gave 
1  being  prac- 

Guadelupe, 
•y  reason  of 

ity  of  Capo 
iirned  from 
kins,  repre- 

le  Shetland 
w  years  no 
>d  that  the 


^Y 


THE   RUSSIAN   HERD. 


487 


We  left  on  the  TTancoch  in  October,  1801,  to  go  on  a  sealing  expe- 
dition in  the  south  seas.  We  started  in  sealing 
oft"  the  coast  of  Patagonia  and  sealed  in  those  seas  Caleb  Undahi,  p.  456. 
until  March.  The  seals  are  nciuly  all  killed  off 
down  there,  so  that  we  got  only  about  20  skins.  Ft  is  no  use  for  vessels 
to  go  there  sealing  any  more.  I  was  there  twelve  years  ago  on  a  seal- 
hig  exi)edition  and  the  rookeries  were  full  of  seals.  Now  they  have 
mos<  all  gone.  They  never  gave  the  seals  a  chance  to  breed  there. 
They  shot  them  as  soon  as  they  came  up  on  the  rocks.    •    *     * 

If  the  seals  on  the  South  Shetland  Islands  had  been  protected,  I 
think  they  would  have  been  there  l)y  the  million,  because  in  one  year 
they  took  300,000  seals  from  thu  Slietland  Ishinds. 

THE   RUSSIAN   IIKIH). 
Pago  220  of  The  Case. 

My  first  ideas  of  the  areas  of  seal  rookeries  were  gathered  on  the 
Pribilof  Islands.  Afterwards,  upitii  going  to  the 
Commander  Ishinds,  I  was  struck  with  the  com-  «"*'«'-e^y,e6„Hm,/<.L'03. 
parative  insiguihcance  of  the  rookeries  upon  the 
latter  group;  yet  we  have  .been  able  to  secure  the  catch,  as  shown  by 
the  api)ondcd  statement,  not  only  without  detriment,  but,  as  I  believe, 
with  positive  benefit  to  the  rookeries.  I  can  not  think,  tlierefore,  that 
the  same  methods  pursued  under  my  direction  upon  the  Pribilof  group 
worked  any  other  result,  and  in  this  conclusion  I  am  borne  out  by  the 
testimony  of  every  one  conversant  with  the  matter. 

The  history  of  sealing  upon  Kobben  Islan  1  substantiates  the  con- 
clusion in  regard  to  the  other  groups.  From  information  gathered  from 
various  sounies  I  learn  that  the  Kobben  Bank  was  first  visited  and  ex- 
ploited by  whalers  about  1852  or  1853,  and  that  in  two  seasons  they 
obtained  some  50,000  or  (50,000  skins,  almost  completely  ••(•leaning  it 
out."  I  understood  for  several  years  thereafter  the  occasional  vessel 
which  touched  there  found  the  rookeries  practically  deserted.  In  1S70 
the  expedition  in  the  bark  Mauna  Loa  went  to  the  island  and  secured 
about  15,000  seals.  There  was  at  this  time  no  restriction  upon  the 
killing. 

In  1871,  in  August,  I  think  it  was,  the  lease  being  already  in  force,  I 
visited  the  island  for  the  first  time,  having  previously  sent  a  guard  sliip 
there  to  protect  the  rookeries.  If  is  an  insignificant  affair,  being  only 
about  2,000  feet  long  and  200  feet  wide.  The  rookeries  were  also  very 
small,  and  contained  at  that  time  of  all  classes  about  800  seals,  as  I  as- 
certained by  a  careful  count,  and  in  addition,  a  small  number  in  the 
waters  adjacent.  I  prohibited  all  killing  from  that  year  until  such  time 
as  seemed  prudent  to  resume,  so  as  to  give  the  rookeries  opportunity 
to  recuperate,  leaving  strict  orders  to  the  guard  ship  to  protect  them 
against  molestation.  Two  years  afterward  it  was  evident  that  the 
rookeries  had  sulliciently  recovered  to  warr-aut  us  in  (.ommencing  seal- 
ing on  a  small  scale,  knowing  that  the  killing  of  the  useless  male  seals 
would  accelerate  the  increase  of  the  herd.  From  this  time  forward  the 
herd  showed  a  steady  and  healthy  growth,  enabling  us  to  secure  catches 
as  per  appended  statement  until  1873,  when  our  guard  was  assaulted 
by  the  combined  force  of  eleven  marauding  schooners  and  driven  away. 
The  rookeries  were  again  badly  depleted  by  these  poachirs.  The  fol- 
lowing year  the  Russian  Government  stationed  a  military  force  on  the 
islands,  which  was  removed  every  fall,  but  so  eaily  that  marauders 


488 


OTHER   SEAL   HERDS. 


cnmct  there  nearly  ever  year  iifter  it  had  left  and  killed  all  the  seals 
they  were  able  to  ohtiiin,  so  nearly  dcstroyin/^^  the  nuikcries  that  wo 
found  it  inexpedient  to  continue  sealiiiy  alter  ltS81  during  the  reinaiu- 
,  er  of  our  lease. 

FALKLAND  ISLANDS. 

Pngo  221  ol"  Tho  Cane. 

This  fact  was  reco,"nized  by  the  Governnient  of  the  islands,  which 
jMissed  an  ordinance  in  1881  estaliiishing  a  close 
Jfj/m'g  JF.  liiidinyton,  p.  reason  from  October  to  April  for  tlic  islands  and 
tlie  seas  adjacent  thereto.  My  understanding  of 
this  ordinance  was  that  the  Governnieut  would  seize  any  vessel  taking 
seals  close  to  or  within  ir)orL*Oniilesof  the  islands.  It  certainly  would 
not  Iiave  been  allowed  to  talce  setils  between  tiie  Falklands  and  Beau- 
chene  Island,  28  miles  distant,  whicdi  is  considered  part  of  tlie  group. 
1  understood  this  ordinance  was  pussod  on  the  ground  that  tlie  seid  re- 
sorting to  these  islands  was  the  property  of  tlie  (iovernnient  and  there- 
fore it  had  a  right  to  protect  them  everywhere.  The  Government,  how- 
ever, gave  licenses  to  certain  parties  at  from  £80  to  £100  a  year  to 
take  seals  during  the  close  season.  On  account  of  these  licenses  I 
thiidv  the  etiect  of  the  ordinance  is  nullified,  although  the  islands  are 
well  guarded,  and  seals  have  increased  very  little,  if  at  all,  because  of 
allowing  hunting  to  take  place  under  these  licenses. 

NEW  ZEALAND. 

Pago  222  of  The  Case. 

W.  C.  B.  Skimp,  p.  57G.     On  the  Lobos  Islands  and  in  New  Zealand  gov- 
ernmental regulations  exist. 


CAPE   OF  GOOD  UOPE. 

Pago  224  of  Tbo  Ciiso. 

While  I  was  at  Cape  Town  I  saw  a  gang  start  out  for  sealing  on  that 
coast;  the  rookeries  1  understood  to  be  about  25 
Geo.  Comer,  p.  597.      miles  from  Cape  Town.    They  are  in  the  posses- 
sion or  control  of  a  company,  as  I  was  then  in- 
formed, which  has  the  exclusive  right  to  take  seals  there.    We  did  not 
dare  to  go  to  those  rookeries,  because  sealing  was  prohibited,  and  we 
would  not  have  been  allowed  to  take  them  in  the  waters  adjacent  thereto. 

And  I  am  told,  although  I  know  nothing  about  it,  that  regulations  of 
W  C  B  Stamp  p  576    ^"'"^  ^^'"*^  h'd\e  been  made  in  the  colony  of  the 
■      ■  Cape  of  Good  Hope. 


NEWFOUNDLAND  REGULATIONS. 
P.ige  225  of  Tho  Case. 

I  am  opposed  to  second  trips  to  the  seal  fishery,  as  I  consider  they 
are  calculated  to  destroy  the  species,  as  all  the 

Jaa.  G.  Joy,  p.  591.  seals  killed  on  snch  trips  are  old  and  mature  seals 
and  at  least  75  per  cent  of  them  are  female  seals. 


NEWFOUNDLAND   REGULATIONS. 


489 


all  tlio  seals 
•ics  that  wo 
the  leiuaiu- 


ands,  which 
hing  a  close 
islands  and 
rstandiny  ol" 
essel  taking 
tainly  would 
s  and  Beau- 
f  the  {»i(jai). 
t  the  soul  10- 
it  and  there- 
iinent,  how- 
00  a  year  to 
Q  licenses  I 
islands  are 
1,  because  of 


I  am  now  apeaking  of  harp-soals.  They  are  principally  shot  on  the  ice, 
but  when  til.'  ice  packs  they  are  killed  witii  bats.  When  shot  on  open 
or  lloatin^-  ice  a  largo  number  of  them  escape  into  the  water  and  die 
from  bleeding. 

I  should  say  that  for  every  seal  shot  and  eaptmed  three  escape 
wounded  to  die  in  the  water.  1  have  seen  ten  seals  on  one  pan  shot 
and  wounde<l  and  all  escaped.  To  kill  and  captun'  tlie  seal  the  bullet 
nmst  lodge  in  the  head;  if  it  strikes  any  |>art  of  the  body  the  s«»al  will 
manage  to  get  to  the  edge  of  the  pan  and  escape  into  the  water.  1 
know  from  my  own  knowledge  that  tln^  uniiiber  of  seals  brought  in  on 
secoml  trips  is  yearly  decreasing,  and  that  tlie  lishery  is  being  depleted 
by  the  prosecution  of  this  trip.  Apart  from  the  nnnd)»!r  of  (»ld,  nui- 
ture,  and  female  seals  destroyed,  the  hunting  necessary  for  their  cap- 
ture prevents  the  male  and  female  coming  together  as  soon  as  they 
otherwise  would,  and  makes  the  whole  species  more  wary  and  more 
dillicult  to  capture  each  year,  so  much  so  that  even  at  a  distam*e  of 
from  4  to  5  miles  the  smoke  of  a  steamer  blowing  over  the  ice  in  the 
direction  of  the  seals  will  cause  them  innneciiately  to  leave  the  'ce  and 
take  to  the  water. 

On  the  first  trij)  a  good  many  seals  are  shot  in  the  water,  as  at  that 
season  of  the  year,  the  month  of  March,  they  are  fat  and  will  lloat,  but 
on  the  second  trip,  in  April,  they  are  seldom  tired  at  in  the  water,  for 
if  shot  they  immediately  sink.  Except  you  are  very  close  to  them  and 
very  quick  you  can  not  secure  one  of  them. 

The  hood  seals  are  generally  in  families — male,  female,  and  young. 

Seals  have  been  taken  the  past  season  on  the  east  «'oast  of  Green- 
land with  S.  S.  G.  shot  in  them.  Tins  kind  of  shot  is  only  used  by  seal- 
ers on  the  Newfoundland  coast. 


Icaland  gov- 


ing  on  that 
about  Uu 
the  posses- 
is  then  in- 
VVe  did  not 
ed,  and  we 
ent  thereto. 

:ulations  of 
ouy  of  the 


sider  they 

as  all  the 

ature  seals 

nale  seals. 


I  can  not  speak  of  the  percentage  of  seals  taken  on  a  "  second  trii)," 
nor  of  the  sex.    Nearly  all  the  seals  taken  are 
bedlamers  and  old  harps.    The  "  secoiul  trip"    Richard  Pikv, 2^- ^'■^'■i. 
generally  covers  the  nmnth  of  April.    Nearly  all 
seals  taken  on  the  "secoiul  trij)"  are  shot  on  open  and  floating  ice. 
Very  few  tire  shot  in  the  water,  for  if  hit  there  is  very  little  chance  of 
their  capture,  as  they  sink  immediately.    They  are  seldom  or  never 
fired  at  in  the  water,  for  unless  they  are  very  close  there  is  A^ery  little 
chance  of  their  being  recovered.    Fully  one  third  of  the  seals  shot  on 
the  ice  are  lost,  for  when  wounded  they  manage  to  crawl  to  the  edge 
of  the  pan  and  into  the  water,  and  when  once  in  the  water  they  sink  or 
die  from  tlnur  wounds. 

Seals  shot  in  the  water  in  the  month  of  March  can  be  recovered,  as 
they  are  fat  and  in  good  condition,  and  tloat,  but  in  the  latter  part  of 
April,  when  shot,  they  sink  immediately.  I  am  strongly  against 
"  second  trips,"  as  in  my  opinion  they  are  causing  a  rai)id  decline  in 
the  industry,  likely  to  lead  to  the  extermination  of  the  species  by  the 
killing  of  old  and  mature  seals,  and  the  destruction  caused  by  the  use 
of  firearms.  Some  of  the  men  resident  in  the  northern  harl)ors,  who 
have  been  engaged  in  the  actual  killing  of  the  seal,  can  give  more  par- 
ticular information  asto  the  age  and  sex  of  the  seals  killed.  The  yonng 
harp-seal  takes  to  the  water  about  the  25th  of  ]\larch,  but  when  tliey 
" ride "  the  ice  and  the  ice  closes  they  are  killed  by  batting — that  is, 
when  the  ice  is  jammed  and  they  can  not  escape  into  the  water. 


490 


ALASKAN    HERD. 


LOBOS  ISLA^:D3. 


Page  229  of  The  Case. 

The  fur  seal  rookery  on  Lobos  fslaiid,  oft"  the  inontli  of  the  "Rio  <1c  l;i 
rhita  aii<t  heU)iijiiiiii- to  the  IJepublie  of  iMuyuay, 

Ai-iidc  by  Dr.  J.  A.  Al-  i«  <>iie  of  the  few  that  have  escaped  iiuniiiilatioii 
leu,  I'ul.  I,  p.'i'Jl.  at  the  hands  of  the  vseal-linuter.     Many  fur-seals 

were  taken  liere  ])rior  to  ISl'O.  Captain  Morrell 
(Voya£?es,  p.  154)  found  men  stationed  tlicre  to  take  seals  in  1S24,  and 
Capt,  Weildell  (Voyages,  p.  142),  writing  in  ISL'a,  refers  to  Lobos 
Island  as  being  i;u;::c(i  out  by  the  (lovernnient  of  Montevideo  for  seal- 
ing purposes,  under  v(^gulations  designed  to  prevent  the  extermination 
of  the  seals.  As  evidence  that  the  matter  has  been  long  managed  with 
discretion  may  be  cited  the  statistics  given  in  the  aHUlavits  of  Messrs. 
Emil  Teiehmann  and  Alfred  Fras(;r  (of  the  firm  of  C.  M.  Lampson  & 
Co.,  of  London),  which  show  that  the  catch  for  the  last  twenty  years 
has  averaged  about  i;j,00{)  a  ycfir,  or  a  total  of  some  250,000  fur-seal 
skins.  Tliis  throws  into  strong,  .ilief  the  folly  of  the  exterminating 
slanghter  of  fur-seals  that  has  been  waged  unremittingly  for  nearly  a 
century  throughout  the      ..thern  seas. 

CAPE   HORN. 


Pago  229  of  The  Case. 

Argentina  .also  claimed  possession  of  Statcn  Laud  at  Cape  ILn'i!,  and 
since  about  1882  or  1883  we  have  not  been  allowed 
Geo.  Comer,  p.  597.        to  take  seals  at  that  point  or  in  the  waters  near 
there,  although  the  citizens  of  Arg(!ntina  them- 
selves have  taken  seals  there  every  year,  as  1  understand  and  believe. 


ALASKAN  HERD. 


NEf'KSSITV   OF  ITS  PROTECTION. 


■'■1 1 

iS!f.'  '■'' 
i' 


Pago  239  of  Tho  Case. 


5.  We  are  in  thorough  agreement  that  for  industi'ial  as  well  as  for 

other  obvious  reasims  it  is  incumbent  nj)on  all  iia- 

Joint  report,  of  Herinii  tiiuis,  an<l  parti(ailarly  ui)on  those  having  direct 

7?/^''*'''''''^'*^"'* '''"^^''"'"^''■*''''^  interests  in  fur-seals  to  provide  for 

their  proper  protection  and  preservation. 


NECES.SITV  OF  ITS   PROTECTION. 


+-ii'HJt't'' 


■li',-     ' 


Opinionti  of  naturalists. 

Pago  240  of  The  Case. 

14.  The  results  of  pelagic  sealing  may  be  thus  summarized:  (1)  The 

,,    .    ,    ,,,       „  ,  ,    immense  redu(ti«)n  of  the  herd   at   the   Pribilof 

j>.  110.  ''  Islands  and  its  threatened  annihilation.     (2)  The 

extermination  of  the  Pribilofhei'd  will  be  practi- 
cally accomplished  within  a  few  years  if  pelagic  sealing  is  continued. 
(3)  There  will  soon  be  too  few  seals  left  in  the  North  Pacific  and  Ber- 
ing Sea  to  render  pehigic  sealing  commercially  ])rofltal>le.  (4)  Tlie 
hiii'm  already  done  can  not  be  repaired  iu  years,  even  if  all  bealing, 


e  Eio  (]e  l;i 
»f  Uruguay, 
iiiniliiliitioii 
iiy  tiir-seals 
vin  Moiiell 
n  1824,  and 
s  to  Lobos 
leo  for  soal- 
tenninatiou 
iia^ed  witli 
1  of  Messrs. 
Lampsou  & 
fenty  years 
1)00  fur-seal 
ermiiiatiiig 


)r 


nearly 


OPINIONS   OP   NATURALISTS. 


491 


i  rTorn,  and 
icii  allowed 
raters  near 
itiiiii  tlieni- 
ud  believe. 


well  as  for 
)()n  all  na- 
ing  direct 
rovide  for 

|)U. 


(n  Tlie 
Pribilof 
(2)  The 
be  ])raeti- 

ontinued. 

and  Ber- 
(4)  The 
Bealinjj, 


I 


wlietlier  x>olagic  or  at  the  islands,  be  strictly  prohibited  for  a  consid- 
erable period. 

I  have  read  with  great  interest  yonr  report  and  conclusions  about 
the  causes  of  the  tlecrease  ami  the  measures  neces- 
sary for  tlie  restoration  and  p(}nnan<Mit  i»reserva-      Dr.  Carlos  Berg,  Vol.1, 
tion  of  tlie  seal   herd  on   the  I'ribilof  Islands  in  J'- ^'^'^• 
Bering  Sea,  and   according  to  your  wish   I  have 

the  pleasure  to  let  you  know  that  frinn  tlie  standpoint  of  a  naturalist  I 
perfectly  agree  with  you  in  considering  your  conclusions  and  reconi- 
Viieiidations  justified  and  necessitated  by  the  facts  stated  by  you  as  a 
result)  of  your  special  investigation  ou  the  above-uamed  islands. 

By  reason  of  the  massacr.s  <f  vhich  it  is  the  vi<*tini,  this  species  is 
advancing  ra])idlv  toward  itvS  total  and  final  de-  „,,,,, 

struction,  followiiig  th(^  fatal  road  on  which  tlie  ^^Jiy^'V>'^!^iiianchard, 
lihyiina  istdlcri,  the  Monnchus  tropicalis.  and  the        •    >    •    -  • 
Macroihuius  avgusfirostris   have  [ireccded  it,  to  cite  only  the  great 
maunnifers  which  but  recently  abounded  in  the  American  seas. 

Now,  the  irremediable  destruction  of  an  eminently  useful  animal 
species,  such  as  this  one,  is,  to  sjieak  plainly,  a  crime  of  which  we  are 
rendering  ourselves  guilty  toward  our  descendants.  To  satisfy  onr 
instincts  of  cupidity  we  voluntarily  exhaust,  and  that  forever,  a  source 
of  wealth  which,  j)roi)erly  regulated,  ought,  on  the  contrary,  to  con- 
tribute to  the  prosi)erity  of  our  own  generation  and  of  those  which 
will  succeed  it. 

When  we  live  on  our  ea])ital  we  can  nn(lotd)te(lly  lead  a  gay  and  ex- 
travagant life;  but  iiow  long  does  this  foolish  extravagance  last?  And 
what  is  its  tomorrow  ?  Inc^xtricable  poverty.  On  the  other  hand,  in  caus- 
ing our  capital  to  l)(^  ])roperlv  productive,  we  draw  from  it  c(»nstantly 
a  splen<Ii(l  income,  which  does  not,  perliai)s,  give  tin*  large  iiieans 
dreamed  of,  but  at  least  assures  an  honorable  com[)et('ncy,  to  which 
the  wise  man  knows  how  to  accommodatt!  himself.  By  prudent  ven- 
tures or  bv  a  well-regulated  economy  he  can  even  increase  jn'ogres- 
sively  his  Jidieritaiiceand  leave  to  his  children  a  greater  fortune  than 
he  had  himself  rec«uved  from  his  parents.  It  is  evidently  the  same 
With  tlie  (pu'stion  which  occupies  us,  and  it  is  for  our  generation  an 
imperious  duty  to  prevent  the  destruction  (d  the  fur-seal,  to  regulate 
strictly  its  cajiture — in  a  word,  to  jierxjctuate  this  source  of  wealth  and 
to  luMpieath  it  to  our  descendants. 

It  would  be  a  very  easy  re]»ly  to  your  highly  interesting  treatise  of 
the  fur-seal,  which  you  liaNC  licen  kind  eiioiigii  to 

send  us,  when  1  only  answered  y(»u  that  I  agree  with     /'i<>J'-  A'.  Colhll,  I'ol.  I, 
you  entirely  in  all  jioints.     No  doulit  it  would   lie  i''  '^-^• 
the  greatest  value  for  the  rookeries  on  the  I'libilof 

Island,  as  well  as  tor  the  presei\  at  ion  of  the  existence  of  the  seal,  if 
it  would  beiiossible  to  stop  the  sealing  at  sea  at  all.  But  that  v  ill  no 
doubt  be  very  dillicult,  when  so  many  nations  partak'j  in  the  sealing, 
and  how  that  is  logo  aliont  T  can  not  know.  Aly  own  (siUMtryiKen  are, 
killing  every  year  many  thousands  of  seals  and  ci/.sto  phone  ou  the  ice 
barrier  between  S])itzbergeu  and  (Jreenland,  but  never  females  with 
young;  either  are  tlieold  ones  caught,  or,  and  tliatis  the  greatest  num- 
ber, the  young  seals.  But  there  is  a  close  time,  accejited  by  the  difler- 
cut  nations,  Just  to  prc'i/oittlM,'.  killing  of  the  females  with  y<uing. 
Perhaps  a  similar  close  time  could  be  accepted  in  the  i'.ering  8ca,  bit 
that  is  a  (question  about  which  I  cau  U(»t  have  any  oi)iniou. 


492 


ALASKAN    HERD. 


I  have  followed  with  much  attention  the  investigations  wliicii  have 

Ix'en  made   by  the  (Jovernment  of  the  United 

Dr.  A.  MUiic  Edwards,  States  on  this  snbjeet.     Tlie  reports  of  the  com- 

Fol.  I,  J),  tiy.  missioners  sent  to  the  Prii>ilof  Islands  have  made 

known  to  natnralists  a  very  large  number  of  facts 
of  great  scientific  inteicst,  and  have  demonstrated  that  a  regulated 
system  of  ixilling  may  be  safely  ajtpiied  in  the  case  of  these  herds  of 
seals  when  there  is  a  sui»erllnity  of  males.  What  might  be  called  a  tax 
on  celibacy  was  api)lied  in  this  way  in  the  most  satisfactory  manner, 
and  the  indefinite  preservation  of  tlic  species  woidd  have  been  assured, 
it'tlie  emigrants,  on  their  way  back  to  their  breeding  places,  had  not 
been  attacked  and  pursued  in  every  way. 

Tliere  is,  then,  every  reason  to  turn  to  account  the  very  com])lete  in- 
formation which  we  possess  on  the  conditions  of  fur-seal  life  iu  order 
to  prevent  their  annihilation,  and  an  international  commission  can 
alone  determine  the  rules,  from  which  the  tishermen  should  not  dei)art. 

It  is  both  as  a  naturalist  and  as  an  old  commissioner  of  fisheries  that 

1  beg  to  say  once  nu)re  that  I  most  entirely  and 

Dr.  Hcnrn  U.  Uii/Uuli,  most  em])l)atically  agree  with  you  in  the  condu- 

Voi.  I,  p.  'IL'5.  sions  and  recommendations  you  come  to  in  your  re- 

l)i)rt  on  the  present  condition  of  the  fur-seal 
industry  in  the  Bering  Sea,  with  special  reference  to  the  causes  of  vlc- 
cr"ase  and  the  measures  necessary  for  the  restoration  and  perman  Mi 
preservation  of  tliat  industry,  winch  conclusions  and  recommeudatioiio 
arc  fully  sui)ported  and  justilied  by  the  facts  in  the  case. 

I  am  far  from  attributing  to  myself  a  competent  judgment  regarding 

this  matter,  but  considering  all  facts  which  you 

Dr.  n.  nartldiih,   Vol  have  So  clearly  and  convincingly  combined  and 

J,  p.  4J2.  expressed,  it  seems  to  me  that  tlie  nu'asures  you 

])ropos('  in  Older  to  prohibit  the  threatening  decay 
of  the  northern  fur  seal  arc  Ihv  only  correct  ones  promiaing  cm  cffcctioe 
result. 

Eegarding  the  object  of  your  researches,  I  indorse  your  opinion  that 

the  <leerease  ol'the  numbers  of  the  fur-seal  on  the 

Dr.  Emil  Hohib,  Vol.   Tiibilot  Islands  has  l)e(!n  caused  by  i)elagic  seal- 

/•  p.  132.  iiig  ill  the  Xortli  I'acilic  and  in  the  Bering  Sea, 

and  that  this  taking  of  the  seals  at  sea  has  to  be 
stopped  as  early  as  i)ossible.    *     *    # 

if  the  pelagic  sealing  of  the  fur-seal  is  carried  on  still  longer,  like  it 
has  been  exeeuted  dming  the  last  yeavs,  the  pelagic  sealing  as  a  busi- 
ness matteian<l  a  ''Using''  will  soon  cease  by  the  full  extermination 
ot  the  useful  animal. 


Under  such  conditions  1   sliouM   say  (looking  at  nothing  but  the 

jiiescivat ion   of  tlie  seals)  tliat  the  best  course 

Vrof.   r.    ir.    lluxlen,  would  be  to  prohibit  the  taking  of  the  I'tir-seals 

\'ol.  i,  i).M2.  anywlien^  exeept  on  the  Pribilof  Islands,  and  to 

limit  the  take  to  such  ])ercentago  as  experience 
])roved  to  be  consistent  with  the  |»reservation  of  a  good  average  stock. 
The  furs  would  be  in  the  best  order,  the  waste,  of  life  would  be  least, 
and.  it  the  system  were  honestly  worked,  there  could  be  no  daiiger  of 
ovtrlishiiig. 


OPINIOXS   OF    NATURALISTS. 


493 


isliich  have 
tlio  United 
of  the  corn- 
have  made 
ber  of  facts 
I  iTguhited 
;e  lieids  of 
'ailed  a  tax 
ii'y  manner, 
eii  assured, 
es,  had  not 

om])lcte  in- 
ife  ill  order 
lission  can 
not  depart. 

diorics  that 
ntirely  and 
the  conclu- 
)  in  yoiirre- 
!ie  fur- seal 
uses  of  vu; 
permaniMit 
incudatioiio 


/v.)/.  /))•.  iri7/(('/w  rjii- 

ji'hiiri/  mid  I'rof.  l><tro» 
Atlnli'  /■;.  XonUnnkjold, 
f(,.'.'l,i). -128. 


As  to  the  pelafjic  sealing^,  it  is  evident  that  a  systematic  hunting  of  the 
seals  in  the  open  sea,  on  the  way  to  and  from  or 
around  tlie  rookeries,  will  verv  soon  cause  tlie 
complete  extinction  of  this  valuable,  and.  Ironi  sci- 
entifii!  point  of  view,  so  extremely  interesting 
and  imi»i»rtant  animal,  especially  as  a  great  num- 
ber of  tlie  animals  killed  in  tins  manner  are  i>r('gnant  ''cows,"  or  "cows" 
temporarily  separated  fiom  their  pups  wiiile  seeking  food  in  the  vicinity 
of  the  rookery.  Everyone  having  some  e.\i)crience  in  seal  hunting 
can  also  atte.vt  that  only  a  relatively  small  part  of  the  seals  killed  or 
seriously  wounded  in  the  open  sea  can  in  this  manner  be  caught.  We 
are  therefoi-e  persuaded  that  a  prohibition  of  pelagic  sealing  is  a  neces- 
ssiry  eouditiou  for  the  in-evcntion  of  the  total  cxlermination  of  the  fur- 
seal. 

The  only  ratioual  method  of  taking  the  fur-seal,  and  the  only  one 
that  is  not  likely  to  result  in  the  extermination  of 
this  valuable  animal,  is  the  one  which  lias  liith-     Dr.  Alfred Xchrhuj,  Vol. 
erto  been  em])loye(lon  the  Pribilof  Islands  under  i,  p-  l-l. 
the  supervision  of  the  Government.    Any  other 

metho(l  of  taking  the  northern  fur-seal  should,  in  my  opinion,  be  pio- 
hibited  by  international  agieemeiit.  I  should,  at  fiirtliest,  approve 
a  local  pursuit  of  the  fur-seal,  where  it  is  dcstiiuttive  of  the  hsli(>ries 
in  its  scmthern  winter  quarters.  I  regard  ix'Iagic  fur  sealing  as  very 
unwise:  it  inu:-,t  soon  lead  to  a  decrease,  bordering  on  extermiiiution, 
of  the  fur-seal. 


3  regarding 
Mhich  you 
billed  and 
isures  you 
ling  decay 
ail  effvcUoc 


)inioii  that 

seal  on  the 

agic  seal- 

eriiig  Sea, 

has  to  be 

i;er,  like  it 

as  a  busi- 

inniuation 


g  but  the 
3st  course 
?  fur-seals 
Is,  and  to 
'xperience 
age  stock, 
be  least, 
di'i.ger  of 


No  doubt  the  free  pelagic  vsealing  is  a  cause  which  will  act  to  the 
destruction  of  the  seal  herds,  and  to  that  it  iiiiist 

be  put  a  stop  as  soon  as  possible,     15ut,  at  the      rmf.   Count  Tommnao 
same  time,  I  think  that  the  yearly  killing  of  about  ^idvailori,  Vol.  I,  p.  l2o. 
10(>,()()0  young  males  on  the  Pribilof  Islands  must 

have  some  influence  on  the  diminution  of  the  herds,  especially  pre- 
venting the  natural  or  sexual  se]«'ction  of  the  strong<'.r  males,  which 
woald  follow  if  the  young  males  were  not  killed  in  such  a  great  num- 
ber. So  that,  with  the  stopping  of  the  pelagic  sealing,  1  *^hink  that, 
at  least  for  a  few  years,  also  the  slaughter  of  so  inaiiy  young  males  in 
the  Pribilof  Islands  should  be  lu'ohibited. 

Philip  Lutley  Sclater,  ph.  d.,  secretary  of  the  Zoological  Society  of 
London,  being  duly  sworn  doth  depose  and  say 
that  in  his  opinion  as  a  naturalist —  /)»•.  vhUip   L.  Sdaicr, 

1.  Unless  proper  measures  are  taken  to  restrict  '»'•  f,p-  'tis, 
the  indiscriii'inate  <'a]>tur<'  of  the  fur  seal  in  the 

North  Pacilic  he  is  of  opinion  that  the  exteniiiiiation  of  this  sjiecies 
Avill  take  place  in  a  few  years,  »«  it  has  already  <lone  in  the  case 
of  other  species  of  the  same  g:"up  in  other  i>arts  of  the  world. 

Seals  are,  unfortunately  migrttury  animals,  and  set  out  on  their 
j(»uriieys  during  the  winter  months.     This  is  es- 
jiecially  true  of  the  pregnant  females.    They  aie      Dr.    A.   von  MhUm- 
tlien  hunted  with  constantly  increasinjj  rapacity,  ('<"/.  ''"'•  I, p-  l-iO- 
and  are  killed  in  the  open  sea  by  freelxioters  from 

all  parts  of  the  world.  It  is  evident  that  the  only  remedy  for  such  a 
state  of  things  can  bo  atitbvded  by  ■.nteruutional  i)rotcctiou. 


494 


aIjAskan  herd. 


Having  read  witL  eajDjer  and  critical  attention  the  nionioir  you  have 
addressed  to  '  le  upon  the  condition  of  tlie  fur- 
Dr.  Leo})old  von  seal  rookeries  on  the  Pribilof  Islands  in  Bering 
Schrenclc,  Vol.  J,  p.  423.    g^^^  ^;|,p  cf^^ses  of  <lccrease  and  the  measures  nec- 
essary for  the  restoration  and  permanent  preser- 
vation of  the  seal  herd,  I  can  not  but  completely  agree  with  you  incon- 
sideiing  the  conclusions  and  reconunendations  you  arrived  at  quite 
instificd  and  ne(;essitated  by  the  facts.    I  am  also  persuaded  that  the 
jM'liigic  sealing,  if  pursued  in  the  same  manner  in  future,  will  neces- 
sarily end  with  the  extermination  of  the  fur-seal. 

Opinionn  of  London  Furriers. 

Pago  243  of  The  Case. 

And  deponent  further  says  that,  in  his  judgment,  if  this  pelagic  seal- 
ing be  not  prohi])ited,  it  is  a  (|uestion  of  but  a  few 
Alfred  Frana;  p.  558.     years,  probably  not  more  than  three,  when  the  in- 
dustry will  cease,  by  leason  of  the  exter;..;ination 
of  the  seals  in  the  same  way  in  which  they  have  been  exterminated  on 
the  South  Sea  islands  by   reason   of  no  restrictions  being  inii)osed 
nixni  their  killing. 

Deponent  has  no  doubt  but  that  it  is  necessary  in  order  to  mnintain 

.,.  -  the  industry  that  steps  should  be  taken  to  pre- 

56(3."'  ^«"'^»""'  i'-  serve  the  existence  of  the  seal  lierd  in  the  North 

Pacific  Ocean  and  Bering  Sea  from  the  fate  which 
has  overtaken  the  herds  in  the  South  Seas.  Of  the  stei)s,  if  any,  which 
are  necessiiry,  in  order  to  accomplish  this  result,  <leponent  does  not 
feel  that  he  is  in  a  ])osition  to  state,  as  he  has  no  personal  knowledge 
of  the  regulations  which  at  the  present  time  exist,  but  it  is  ol)vious  to 
deponent's  mind  that  regulations  of  some  kind,  imposed  by  somebody 
who  has  authority  and  ])Ower  to  enfiUTC  them,  are  necessary  to  prevent 
tlie  rookeries  in  the  North  Pacific  0(!ean  from  suffering  the  fote  of  the 
rookeries  in  the  Southern  Atlantic  and  Pacific  seas,  Avhere,  deponent 
is  in  formed,  no  restrictions  were  at  siuy  time  even  attempted  to  be  ini- 
l>osed. 


(I 

ill 


4' 
f 


r)e]ionent  says  that  the  preservation  of  the  seal  herds  found  in  the 

Northern  Pacific  region  is  nec«\ssary  to  the  con- 

Walicr  Afartin,  p.  570.    tiuuauce  of  the  fur-scal  business,  as  those  herds 

iwe  the  principal  sources  of  sup])ly  of  seal  skins 

left  in  the  world;  and,  fronx  his  general  knowledge  of  the  customs  of 

that  business,  deponent  feels  justified  in  expressing  the  opinion  that 

stringent  regulaticms  of  some  kind  are  necessary  in  order  to  prevent 

those  herds  iVoni  disappearing  like  the  herds  which  formerly  existed  in 

large  numbeis  off  the  South  Pacific  seas.     Specifically  wliat  legulations 

are  necessary  deponent  does  not  feel  himself  in  a  positi(m  to  state. 

That  the  maintenance  of  this  business  necessarily  dei)ends  u]ion  the 

l)reservation  of  the  seal   iierds  iVe((uenting  the 

Henry  Poland,  p.  571.     northern  Pacitic  regions  from  being  ov(>rt;iken  by 

the  dCvStruction  which  was  the  fate  of  the  sealiS 

formerly  found  in  large  quav.tities  in  the  South  Atlantic  and  South  Pa 

cilic  oceans. 


mm 


OPINIONS    OF    LONDON    FURRIERS. 


495 


)ir  yon  liavo 
of  tlie  fur- 
3  ill  Bering 
ensures  nec- 
nent  preser- 
i  you  in  con- 
ed at  quite 
led  that  the 
,  will  neces- 


lelagic  seal- 
L)f  but  a  few 
ivheii  the  in- 
ter;.. Ination 
iiiiiiated  on 
ig  imposed 


to  mnintain 

iken  to  pre- 

11  the  JS^orth 

?■  fate  which 

■  any,  which 

it  does  not 

knowledge 

'>  ol)vi()us  to 

somebody 

to  ])reveiit 

fatr;  of  the 

,  deponent 

d  to  be  ini- 


)und  in  the 

to  the  coii- 

lose  herds 

seal  skins 

customs  of 

linion  that 

to  prevent 

existed  in 

emulations 

state. 

s  u])on  the 
iitiiig  the 
'rtiikcn  by 
'  the  seals 
South  Pa- 


That  the  continuance  of  the  fur-seal  business  <lepends,  in  deponent's 
judgment,  obviously  u;>on  the  continued  existence 
of  the  liir-seal  herds  from  which  the  skins  are  de-      (ico.  like,  p.  574. 
rived. 

That  the  question  of  the  preservation  of  the  fur-seal  herd  has,  of 
course,  engaged  deponent's  attention  and  he  has  ke])t  as  do.'^e  a  watch 
on  it  as  he  was  able  to  do  without  being  on  the  ground.  In  regiud  to 
what  might  be  done  to  lueservi^the  heid  deiionent  does  not  feel  that  h;> 
knows  all  the  facts,  and  in  consequence  thereof  it  is  difficult  ^or  him  to 
express  an  opinion  as  to  the  manner  in  wliicli  the  seal  herus  ought  to 
be  ])reserved  or  what  regulations  ought  to  be  imposed  for  that  purpose, 
but  judging  from  the  fact  that  for  many  years  1(I(»,(K)0  .«cals  were  caught 
i;'pon  the  Pribilof  Islands  without  injury  to  the  herds  resorting  to  the 
rookeries  on  those  islands,  it  is  fair  to  conclude  that  unless  some  other 
cause  intervened  to  diminish  those  iierds  killing  that  number  of  seals 
upon  the  islands  would  not  have  been  detrimental  to  the  herd. 

The  continual  existence  of  the  fur-seal  "business  is  dependent,  in  de- 
ponent's judgment,  ujion  the  preservation  of  the 
seal    herds    fre(|uentiiig    the    Northern    Paciiic      w.c.B.Stamp,  p.zia. 
regions,  and  it  is  also  a  most  important  element  in 
the  industry  that  the  supply  of  seal  skins  coming  to  the  market  each 
year  should  be  regular  and  constant. 

Deponent  further  says  that  some  regulations  are  necessary  fin'  the 
preservati(m  of  the  seal  herds  frequenting  tljc  Northern  Tacitic  region, 
because  it  is  a  well  known  fact  that  in  tiie  absence  of  any  such  regu- 
lations the  seal  herds  which  were  formerly  fonnd  in  the  South  Atlantic 
and  Pacific  seas  have  been  practically  exterminated. 

Dei)onent  further  says  that  the  maintenance  of  this  business,  to  his 
mind,  obviously  depends  upon  the  preservation  of 
the  seal  herds  ics(»rting  to  Bering  Sea  from  the  Emil  Ti'Uhmann,p.z>di2. 
destruction  which  has  overtaken  the  seal  herds 
which  were  formerly  found  in  the  southern  regions,  and  that  whatever 
is  necessary  to  be  done  to  preserving  the  seal  herds  in  Bering  Sea 
ought  to  be  done;  but  deponent  having  no  knowledge  e*'  the  business 
of  killing  seals,  and  having  no  scientific  knowledge  on  the  subject  as  a 
naturalist,  is  not  in  .i  position  to  relate  what  laws  or  regulations,  in 
addition  to  those  already  existing,  are  necessary,  if  any  such  are  nec- 
essary, in  order  to  accomplish  this  desirable  result. 

Opinions  of  French  Fiirricrs, 

raj!;o  'Jliof  Tho  Caso. 

That  the  total  production  of  seal  skins,  which  during  the  existence 
of  the  concession  of  the  /\,laska  ('oinp;iiiy  (wiiich 
concession  has  now  expired)  ani(tunt«'u  annually      ,,,.,«  Hniz,i\5Hl. 
to  l.")(>.(»(>()  skins,  is  now  liardly  more  than  TO.OOO, 

coining  IVoni  Alaska  and  the  ('o]iper  island>:  that  the  consequence  is 
a  loss  for  everyone  connected  with  tln^  trad<',  for  wliile  lliere  was  an 
annual  production  of  t.">(».()0()  skins  there  were,  tlie  (Icponeii':  estimates, 
at  least  from  two  to  three  tliousand  persons  eiigag((l  in  this  industry 
in  Euro]>e,  and  the  natural  consequence  of  the  i)ro<liiction  having  di- 
minislietl  by  about  one  half  is  that  only  about  one  half  the  number  of 
persons  are  required  in  the  industiy. 


496 


ALASKAN    HERD. 


ajL,- 


%.' 


I 

if!' 


I 

m^  'f '  V 

i';i«  ^ 

Mil 

m 

'•H  'S 

'■S  't 

m 

1* 

%i 

-K  '^■ 

ft 

:iS  '4  ■ 

^'>^.z:m^ 

UMiit 

That  the  said  firm  has  oftou  been  informed  tliat  in  order  to  capture 
one  animal  the  persons  engaj^ed  in  the  cliase  are 

Emin  Uoh, p.  588.  frequently  obliged  to  kill  or  wound  three  or  four. 
That  under  these  eireumstanees  and  in  conse- 
quence of  the  destruction  of  the  females,  there  is  no  doubt  in  the  mind 
of  deponent  that  the  race  is  in  great  danger  of  being  exterminated,  to 
the  profit  of  a  few  individuals  ai:d  to  the  detriment  of  an  inqtortant 
industry  which  up  to  the  present  has  supplied  the  means  of  livelihood 
to  thousands  of  persons  in  Europe  and  America. 

That  the  said  firm  believes  it  to  be  to  everyone's  interest  that  tiie 
countries  interested  in  the  (pujstion  (America  and  Russia)  slumld  take 
measures  to  safeguard  tlieir  rights  from  tliepointof  view  of  the  capture 
of  the  seals,  and  i:hat  if  not,  if  this  i)ursuit  in  the  open  sea  continues  as 
in  the  past  two  years,  the  said  lirm  lirndy  believes  that  in  a  sliort  time 
the  seal  will  exist  only  as  a  souvenir  and  will  be  completely  extermi- 
nated. 

That  this  industry,  wiiich  has  produced  (hiring  twenty  years  nearly 
2r».oi)0,(KH)  of  francs  annually,  will  have  disappeared,  owing  to  this 
c.ise,  to  the  detriment  of  a  very  great  number  of  persons. 

That  we  firmly  believe  that  if  the  slaughter  of  the  Northwest  coast 

fur-seals  is  not  sto))i>ed  or  regulated,  the  Alaska 

rJon  Reviilon,  2).r,^0.    fur-seiils  will  disapi)ear  entirely,  as  is  the  case 

with   the  seals  of   the  Shetland  Islands,   from 

where  hardly  a  single  seal  has  been  receiv<Ml  during  the  last  ten  years. 

That  the  annihilation  of  tlie  seals  would  be  a  very  great  loss  lor  our 

country,  tor  tlie  fur  of  the  seal  can  not  be  replaced  by  any  other.     It 

would  Jilso  be  a  great  loss  for  the  workmen  who  are  specially  trained 

for  the  work  ui)on  these  skins. 

Opinions  of  American  Furriera, 
Pane,  215  of  The  Case. 

In  our  opinion  uuless  stringent  measures  be  adopted  on  the  part  of 
those  havingauth(U"ity  on  waters  adjacentto  thes'o 

C.O.GunthersSona,p.  islands  and  on  all  contiguous  bodies,  the  fur- 
'^'  '  seal  ot  Alaska  will  soon  be  exterminated  and  this 

valuable  industry,  alike  of  great  importance  to  the  people  of  Europe 
and  America,  will  have  received  its  deatli  »h)w. 

And  is  of  the  opuiicm  that  <»pen-sea  seal  fishing  should  be  absolutely 

]«-ohibit<'d.  and  that  if  the  same  is  not  done  the 

Herman  Lirf-M,  p.oii.   f^als  will  within  two,  or  at  the  utmost  three,  years 

l>e  extermiaiired,    Tiiis  o]»iinon  is  based  upon  the 

assumption  that  tl»e  pre-iont  restrction  imposed  by  the  IJnitefl  .States 

awl  itnssia  <m  the  numl)(M',  age,  and  sex  of  the  seals  killed  upon  the 

iislands  owtiei  by  tkeiu  i-espectively  are  to  h<  in  intaincd. 

I  am  of  the  opinion  tliat  the  nations  interested  should  arrive  at  some 
agrct^meut  Uv  wiiich  the  tiLlliug  of  s«als  in  the 

JaiMMi  mimann.4i.5'21.    ^yjn^,.  wiH  be"  stripped. 

From  tiBv  knowl<Hige  o^'  -he  valine:  hnsitiess  I  am  satisfied  that  the 
sea     \    lbe«'  irii.        \rerminateduide8s protected 
Eikwii  iViaaerinann,  p.  trom  taw  iudisrriinriiate  pursuit  in  the  waters  that 
•8.  aas  tHJi-'n  goiuj;  on  tor  tkt  last  few  years. 


to  capture 
le  chase  are 
vce  or  four. 
I  ill  coiise- 
iu  the  mind 
iniuated,  to 
I  important 
f  livelihood 

st  that  the 
ihould  take 
the  capture 
lontiuues  as 
I  short  time 
Ay  extermi- 

ears  uearly 
'ing  to  tliis 


Invest  coast 
,  the  Alaska 
is  the  case 
laiuls,  from 
it  ten  years, 
loss  lor  our 
y  other.  It 
ally  trained 


the  part  of 
cut  to  those 
OS,  the  fur- 
ed  and  this 
e  of  Europe 

absolutely 
ot  done  the 
tliico,  years 

d  upon  the 
itcd  Htates 
'd  upon  the 


s 


ive  at  some 
e.als  iu  the 


ed  that  the 
ss  protected 
waters  that 
\rs. 


OriNIONS    OF    AMERICAN    FURRIERS. 


497 


Deponent  believes  and  says  that  if  nnrestricted  pclii<;*ic  scalin,Ci' be 
allowed  to  continue  throupfhout  the  whole  of  Be- 
ring Sea,  not  oidy  will  the  United  States  Govern-  C.  A.  iVUliama,  p.  539. 
nient  soon  be  deprived  of  a  considerable  annual 
revenue,  and  over  2,000  English  Avorknum  of  skilled  employment,  ot 
which  they  now  have  a  practical  monopoly,  but  a  portion  of  the  civil- 
i/ed  world  will  hereafter  be  deprived  of  a  useful  and  valuable  fur-bear- 
ing animal;  and  a  great  and  irreparable  injury  will  thus  bo  done  to 
various  legitimate  industries  which  have  been  built  up  by  the  author- 
ized lessees  of  Kussia  and  the  United  States  and  the  iirm  of  0.  M, 
Lampson  &  Go.,  which  industries  areconfined  to  one  locality  and  wliicdi 
if  fostered  promise  to  continue  in  existence  for  an  indctinite  length  of 
time;  while  in  return  for  such  injury  there  will  be  only  a  com]);iratively 
slight  benefit  of  a  few  years'  duration  to  a  comparatively  small  number 
of  men. 

It  is  safe  to  say  that  these  animals  are  all  United  States  property, 
and  having  been  born  on  United  States  soil  and 
reared  in  TJnited  States  waters  in  the  twenty  one  O.  A.  Williams,  j).  543. 
years  that  have  elapsed  since  the  cession  of  Alaska 
by  Russia,  and  having  the  instinct  of  regular  return  to  their  home, 
which  accords  them  a  status  in  law,  they  would  seem  to  be  entitled  to 
the  protection  of  their  Governmentj  while  they  are  iu  the  acknowledged 
boundaries  of  their  country. 

To  open  the  sea  and  the  rookeries  to  the  taking  of  seal  by  any  who 
choose  to  seek  them  would  be  simply  to  surreiuler 
the  herd  to  destruction.  Biit  a  danger  meiuicea  C.  A.  WiUiitmfi,p.r>n. 
the  system  and  the  seals  which  the  (Jovevmnent 
alone  can  avert,  viz,  the  intrusion  of  foreign  vessels  with  armed  erew8 
iu  the  waters  of  Bering  Sea,  Avith  intent  to  kill  seal  iu  the  water  be- 
tween the  Aleutian  chain  of  islands  and  the  Pribilof  gioup.  In  this 
water  the  seal  rest  and  sport  after  their  long  migration;  "here  tlui 
females,  heavy  with  young,  slowly  nearing  the  land,  sleep  soundly  at 
sea  by  intervals,  reluctant  to  haul  out  of  tlie  cool  water  upon  the  rook- 
eries until  the  day  and  the  hour  which  limits  the  period  of  gestation:"' 
here,  with  gun  and  spear  aiul  (b'ag  net,  ^hese  marauders  desiie  to 
reap  their  harv^est  of  destruction  and  for  their  seltish  greed  extermi- 
nate the  animal  which  now,  under  the  wise  [)olicy  of  Congress,  pl;i,\  s 
so  important  a  part  in  the  economy  and  distributioji  of  commerce. 
Three  years  of  open  sea  would  sutiice  in  these  waters  to  reptnit  the 
story  of  the  southern  ocean  and  the  fur-seal  would  be  of  tiie  past,  and 
a  valuable  industry  would  be  obliteiated  forever.  Let  the  sea  l)e  oixmi 
to  all  conunerce  that  harbors  no  evil  intent,  but  protect  the  seal  life 
that  swims  in  its  waters  and  "hauls"  on  its  shores.  Let  the  sea  l)e  as 
free  as  the  wind  to  all  legitimate  commerce,  but  protect  the  unique 
possession  of  seal  life  that  harms  none  and  benelits  thousands. 

Opinions  of  I'ehtijic  Scalers. 

Pago  210  of  Thft  Case. 

The  extermination  of  the  animaN  iind  of  the  industry  will  be  swift 
and  sure  unless  the  female  seals  ure  protected 
from  the  devastation  now  going  on,  and  1  do  not     Jno.  Armnirong,  p.  2. 
l)elieve  it  possible  to  protect  them  as  they  should 
be  unless  the  North  Pacific  as  well  as  Bering  Sea  is  included  iu  any 
measures  adopted  to  this  end. 
32  BS 


I 


498 


ALASKAN   HERD. 


Q.  Is  it  your  ojiinion,  if  scaling  coiitiimos  unrestricted,  tlial  tliey  will 
soon  be  externiinatedf — A.  They  will,  in  my  opin- 
Geo.  Ball,p.i8d.  ion,  not  be  entirely  exterminated  should  sealing 

continue  there  as  usnal,  but  it  will  make  the  busi- 
ness of  seal-catcliing  so  unprolitable  that  no  one  will  desire  to  engage 
iu  it,  1  think. 


It  is  only  a  question  of  three  or  four  years,  if  this  indiscriminate 
slaughtering  of  seals  is  not  stopi)ed,  they  will  be- 
come exterminated. 


Martin  Benson,  p.  405. 


It  is  not  alone  in  Bering  Sea  that  the  pups  and  cows  are  destroyed. 

Keep  all  vessels  out  of  these  waters,  and  let  tne 
Wm.  Brennan,  p.  363.    same  number  of  vessels  as  are  now  atloat  hunt 

seals  in  the  North  Pacific,  ami  in  a  few  years 
there  will  be  none  in  Bering  Sea.  If  the  i)resent  inunber  of  vessels  en- 
gaged in  sealing  is  permitted  to  continue  in  the  business  from  two  to 
five  years  longer  I  think  the  seals  will  be  exterminated,  or  nearly  so. 
I  am  certain  the  seals  are  doomed  to  extinction  unless  some  immediate 
action  is  taken  to  ])rotect  them  from  the  slaughter  that  is  now  going 
on.  The  sealers  care  nothing  jibout  preserving  the  seals,  and  say  that 
the  smaller  the  catch  is  the  more  valuable  the  skins  will  become  in  the 
market,  and  the  higher  the  prices  paid  for  them.  In  their  whole  con- 
duct of  the  business  they  are  controlled  by  the  desire  to  kill  as  many 
as  possible  in  order  that  they  may  enhance  the  value  of  future  catches. 


Henry  Brown,  p.  318. 


If  pelagic  sealing  is  continued,  especially  with 
guns,  in  a  few  years  the  seal  herd  will  became  com- 
mercially destroyed. 


Jaa 
596. 


Killing  seals  without  reference  to  age  or  sex  is  bound  to  exterminate 
tlie  species  in  a  very  short  time,  and  it  seems  to 
TV.  Budxngton,  p.  j^^^  i^.j^  unless  something-is  done  in  the  northern 
sealing  grounds  the  industry  will  soon  be  as  un- 
profitable as  it  is  in  the  Southern  Hemisphere. 

Q.  Is  it  yoirr  opinion,  if  sealing  continues  unre 
Danl.  Claussen,  p.  U2.  strictcd,  that  they  Will  soon  be  exterminated  f— 
A.  I  think  so;  yes,  sir. 

And  if  something  is  not  done  to  protect  them  from  slaughter  in  the 

Pete,-  Collins, p.  413.       ?^"^^J^  ^'^''i '•^'  ''"^^  ^*^^'^"8" ^^'^' ^^^^^^ ''''^^  ^^^  ^^  S^l'C 
ma  few  years. 

If  there  had  been  strict  regulations  enforced,  allowing  us  to  kill  only 
young  "wigs"  and  not  to  disturb  the  breeding 


Geo.     Comer, 
(AiitiU'ctic.) 


seals,  I  am  convinced,  and  have  no  d<mbt,  that 
all  these  rookeries  would  be  full  of  seals  to-day. 
It  has  been  the  indiscriminate  killing  which  has  caused  the  practical 
extermination  of  the  fur-seals  in  the  Southern  Hemisphere. 

In  my  opinion,  if  the  seals  are  not  harassed  and  hunted  at  sea  thej 
will  increase,   and   to  i>reserve  them  from    ex- 


F.F.Feeny,  p.  220. 


termination  pelagic  hunting  must  be  stopped. 


OPINIONS   OF    PEI.AGIC    SEALERS. 


499 


I  at  til  ey  will 
,  in  inyopiii- 
mld  sealing 
ke  the  biisi- 
•e  to  engage 


liscrimiiiate 
liey  will  bc- 


^  destroyed, 
anil  let  tiie 
atioat  hunt 
a  few  years 
»f  vessels  eu- 
tVoni  two  to 
»r  nearly  so. 
e  immediate 
s  now  going 
nid  say  that 
icoine  in  the 
r  wliole  con- 
kill  as  nnmy 
:ure  catches. 

lecially  with 
jecame  corn- 


exterminate 
1  it  seems  to 
the  northern 
Dii  be  as  un- 


tinnes  nnro 
•minated?  — 


hter  in  the 
1  all  be  gone 


to  kill  only 
he  breeding 

d<mbt,  tliat 
!;eals  to-day. 
le  practical 


at  sea  thoj; 
n  from    ex- 
stopped. 


Q.  Is  it  y(mr  oi)inion,  if  sealing  continues  un-      [^nthcr  T.  Franklin,  p. 
restricted,  tliat  they  will  soon  be  externdnatcd'/ —  '^-^' 
A.  Certainly  they  will. 

Q.  Is  it  your  opinion,  if  sealing  continues  unre-      Mward  W.  Funcke,  p. 
stricted,  that  they  will  soon  be  exterminated f — A.  *2^' 
Yes;  I  think  they  will. 

And  if  the  large  fleet  of  vessels  going  to  these  waters  annually  con- 
tinues to  hunt  in   the  future  as  in  the  past  few      xhoa  Gibson  nA32. 
years  it  is  bound  to  exterminate  the  seal.  '  '  •    ■" 

1  think  that  ])elagic  sealing  should  be  stopped.  Eight  months  in  a 

year  is  too  much  to  hunt  any  animal,  and  the  seal  j^^  (h-iffin  i>A3i. 
will  soon  become  exterminated  if  this  pelagic  seal-  "'       '    •      • 

ing  is  allowed  to  continue. 

Q.  If  you  jieople  are  allowed  to  kill  female  seals  still,  is  there  any  dan- 
gcrofexterminatingtbeiM,doyoutliiidc,sui>posing      ^.,,„^_  q^  Magman,  p. 
you  go  on  and  kill  them  pionuscuously  t — A.  I  ,135. 
wouhl  be  afraid  that  we  would  thin   tliem   (mt. 
I  will  not  say  extenuinate  them,  but  thin  them  out. 

Q.  If  sealing  continues  as  heretofore  is  there  any  danger  of  exter- 
minating  the   herd? — A.  At  this  rate;  ves,  sir. 
Just  keep  at  it  and  it  will  be  (.nly  a  few  years  be-      ^- ^«''"»«'^ P-  ^-iS- 
fore  it  will  do  away  with  the  whole  business. 

Q.  Is  it  your  opinion,  if  sealing  continues  unrestricted,  that  they  will 
be  soon  exterminated? — A.  I  am  of  that  oi)iniou:      t^,.  ,,    „         .^i 

^  '  }f  m*  ilCilSOfit  J),  lok* 

yes,  sir. 

Q.  Is  it  your  opinion,  if  sealing  continues  unre-      Andrew  J.  IIujfman,2), 
stricted,  tluit  they  will  soon  be  exterminaled? — '^'^^' 
A.  Yes,  sir ;  it  is. 

Q.  Have  you  any  experience  as  to  the  habits  of  the  fur-seals? — A. 
Only  following  them  up  hunting.     I   have  beer. 

listening  to  ycmr  (pu'stions  to  ( 'apt.  McLean  and  ^^"»'afo   Isaacson,   p. 
1  have  the  same  idea,  except  as  to  the  i)rotei'tion. 
I  think  they  ouglit  to  be  protected  everywhere  tl 
and  inside  the  sea. 


rywhere  they  can,  both  outside 


Q.  If  sealing  continues  as  heretofore,  is  there  any  danger  of  extermi- 
nating them?— A.  Yes,  sir;  I  think  a  few  years  (histave  Isaacson,  p. 
will  do  that.  440. 

Q  Do  you  consider  it  necessary  to  protect  the  seals  in  the  North 
Pacitic'? — A.  Yes,  sir;  it  will  be  necessary  to  protect  them  anywhere 
where  it  can  be  done. 

Q.  If  sealing  continues  as  lieretofore,  is  there      Frank  Johnson, p.  iil. 
any  danger  of  exteriuinating  the  herd  ? — A.  Yes, 
sir;  I  think  so. 


If  hunting  is  not  stopped  on  the  islands  in 
Bering  Sea  and  the  North  Paci.'^c  Ocean  the  seal 
must  become  exterminated. 


J.  Johnson,  p.  331, 


500 


ALAHKAN    ITEIJD. 


P 
I 


.HI 

*  ? 


[' 

'_ 

i 

£ll 

1' . 

f 

^nik 

SBki  i 

', 

ni^j  r 

4-, 

It  is  very  important  that  tliti  s<mi1s  bo  inotoctod  in  the  waters  of  the 

>.'(ti  til  I'mcKIc  and  lU'rinj;'  Sea   from  bcinj:-  killed 

Jaa.  Lajlin,  1),  <i52.         by  Ininters,  or  they  will  be  s(t  near  externilnatcd 

in  u  short  time  that  it  will  pay  no  one  to  hunt 

them. 

I  think  if  somothinq;  is  not  done  to  proteet  seals  in  the  North  Pa(ili(? 
and  llcrinj;'  Sea  they  will  become  exterminated 
Wm.  H.  Long,  p.  458.     {^  .^  very  fow  years. 

Q.  If  sealing  eontinaes  as  heretofore,  is  there  any  danger  of  exter- 
minating;' them  ;' — A.  If  they  eontinne  as  they  have 
Alex.  McLean,  p.  438.    been  sinee  I  have  been  in  business  I  will  give  them 
another  ten  years;  after  that  the  sealing  busines.s 
will  be  about  iinished.     Jt   will  not  Justify  anyone  to  tit  out   from 
here  or  anywiiere  else,  and  i>eo))hi  that  look  after  the  sealing  interests, 
I  do  not  think  they  will  beaelil  anything  by  it,if  they  don't  protect  the 
seal  life  at  present. 

Q.  If  sealing  continues  as  heretofore,  is  there  any  danger  of  exter- 
minating them? — A.  Yes,  sir;  they  will  all  be  ex- 

Dait'l.  McLean,  p.  414.  terminated  in  three  years,  and  there  will  be  no 
more  sealing. 


Jaa,  Malay,  p.  4G3. 


Something  eertaitdy  should  be  done  to  stop 
the  killing,  or  there  will  be  none  left  in  a  very 
short  time. 


Q.  Is  it  your  opinion,  if  sealing  continues  unrestricted,  that  they  will 

soon  be  exterminated? — A.  There  certainly  will 

Frank  Moreau,  p.  468.     ^^y^  |^y  .^j^  many  in  a  few  years  as  there  are  now. 

With  the  pi'csent  increasing  fleet  of  sealing  vessels  the  seal  herd  will 
soon  become  exterminated  uidess  some  resthc- 
John  Morns,  p.  340.       tions  are  placed  upon  pelagic  sealing. 

I  have  no  doubt  in  my  own  mind  that  nidess  some  restri(!tivo  measures 

are  taken,  the  seals  will  either  be  eventually  ex- 

Morris  Moss,  p.3i2.       terminated  or  become  so  scarce  it  will  not  pay  to 

hunt  them.    The  fleet  has  increased  greatly  in  the 

last  few  years,  and  will  continue  to  do  so  as  long  as  there  is  money  in 

the  business. 

If  something  is  not  done  to  protect  seals  in  the  North  Pacific  and 
Nilea  Nelson  p  470.       '^<'''i'>«'  Sea,  they  will  become  exterminated  in  a 
'   *      '       very  few  years. 

In  my  opinion,  it  is  a  shame  to  kill  the  female  seal  before  she  has 

given  birth  to  lier  young.     Pelagic  sealing  in  the 

Wm. Short, ^.3i8.  Noitli  Pacific  Ocean  before  the  middle  of  June 

Is  very  destructive  and  wasteful  and  should  be 

stopped. 

If  seal  are  not  protected  in  the  North  Pacific  Ocean  and  given  a 
chance  to  raise  their  young,  they  must  soon  be  ex- 

Frcd.  Smith,  p.3i'J.  terminated,  for  most  of  the  seals  killed  in  the  Pa- 
cilic  Ocean  are  cows  with  pup. 


f 


OI'INIONS    OF    PKLAGIf    SKALER8. 


501 


a  tors  of  the 
bi'iiifj  killed 
'wteniiiiiiitcd 
one  tu  bunt 


Tlio  seals  are  {ji'iiduiiUy  being'  killed  ofl"  by  (lie  Iiiuiters,  and  sonie- 
tliiiig  should  be  done  to  j>i'ole('t  tlicin  and  stop  the 
killing  of  lenuile  seals  or  they  will  soon  be  all     ^'  "•*"""'.  J'- 'l^y. 


orth  Pacilie 
x-terunuated 


;er  of  exter- 
isthey  have 
11  give  them 
iig  business 
it  out  froiu 
ig  interests, 
;  Ijrotect  the 


er  of  exter- 
ill  all  be  ex- 
B  will  be  uo 


one  to  stop 
Lt  iu  a  very 

lat  they  will 
srtainly  will 
jre  are  now. 

!al  herd  will 
)iuo  restrio- 


re  measures 
3ntually  ex- 
not  pay  to 
eatly  in  the 
IS  money  iu 


aeifie  and 
linated  iu  a 


re  she  has 

ding  iu  the 

le  of  June 

should  be 


id  given  a 
soon  be  ex- 
iu  the  Pa- 


Q.  Is  it  yonr  opinion  if  sealing  eontinnes  nnrestiieted  thiit  they  will 
be  soon  exterminated? — A.  It  is  mv  o])iiiioii  that 
if  sealing  eontinnes  as  usual  they  will  be  soon  ex-  4g{'"*''"'*    Huuthall,   p. 
terminated,  and  not  before  a  great  while,  either. 

I  am  satisfied  from  my  experienee  that  they  must  proteet  the  seals 
in  Bering  Sea.    If  not  they  will  soon  be  killed  off. 
It  may  also  be  necessary  to  juotect  them  in  the      Adoiith  w,  Thompson, 
N(>rtli  Pacifie,  for  the  eatcli  in  those  waters  are  P'  '***^' 
nearly  all  females  carrying  their  young. 

T  think  if  sealing  was  stopjied  in  Bering  Sea  that  senl  would  become 
more  pleiititnl  along  the  coast,  and  if  it  is  not  i>,t^  TnanhcU, p.  271. 
stopped  the  herd  will  soon  be  destroyed. 

If  it  be  the  desire  of  the  Government  to  perpetuate  them,  it  is  very 
important  that  they  be  ju-otected  in  the  North 
Pacific  as  well  as  in  the  Bering  Sea,  since  it  has  Michael  iVhiie,  p.  491. 
been  my  observation  that  the  seals  arc  easily 
alarmed,  and  the  killing  of  them  with  tireaiins  has  a  tendency  to 
frighten  the  herd;  nor  do  I  think  it  ])Oiisible  to  i>rcserve  tlu^  herd  if  the 
great  slaughter  of  female  seals  is  to  be  continued.  I  also  believe  that 
if  sealing  is  sto])ped  in  the  Bering  Sea  only,  such  fact  would  lend  to 
increase  the  i)rice  of  sealskins,  and  there  would  be  a  much  larger  fleet 
fitted  out  for  sealing  in  the  Pacific  than  now,  which  would  destroy  the 
herd  and  prevent  it  from  going  into  the  Bering  Sea.  This  opini(ui  is 
based  on  the  well  known  fact  tliat  the  value  of  seal  skins  is  increased 
by  the  decrease  in  the  number  taken;  and  the  higher  the  ])rice  of  skins 
the  greater  the  inducement  to  fishermen  to  hunt  them  in  the  North 
Pacilic,  which  would  soon  destroy  the  seal-flshiiig  industry  everywhere. 

Opinions  of  Indian  Rtmters. 

Page  247  of  The  Case. 

I  think  the  white  men  should  be  sto])ped  from  killing  seal  ofT  the 
coast  of  Alaska  so  thati  they  will  become  plenty      ji^atoo  v  237 
again.  '    '  " 

We  believe  that  in  order  To  permanently  i)re-      Jno.  Alcxandroff  etal, 
serve  the  fur-seal  life  pelagic  hunting  should  be  p-  ^-^^• 
stopped. 

If  pelagic  sealing  was  stopped  in  Bering  Sea  and  the  Pacific  Ocean, 
seals  would  become  plentiful  once  more  and  the 
natives  of  Alaska  could  again  make  money  by      ^'''""'  ^V'"''''''  P-  '^^^^^ 
catching  them. 

And  they  will  soon  be  all  gone  unless  schooners      Johnny  Baronovitch,  p. 
are  all  sfojtpcd  from  hunting  seal  along  the  coast  ^^'^• 
of  Alaska. 


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ALASKAN    HERD. 


I  think  the  Rchoonera  shouhl  be  prohibited  from  hnntitiff  seal  out  in 

Maurice  liatet  p  277    ^^^^  water  off  I'rince  of  Wales  Ishiud,  80  that  the 

■    sejil  will  bet'oine  plentiful  again. 


Ivan  Canetak  et  ah,  p.      We  believe  that,  in  order  to  permanently  pre- 
^^*  serve  fur-seal  life  all  pelagic  hunting  should  be 

stopped. 

I  think  that  if  the  schooners  were  prohibited  from  hunting  seal  in 
the  N«nth  Taciiic  Ocean  and  Bering  Sea  the  seal 
s.  (A%n-koo-Un,p. 257.    ^ould  soou  become  pleulilul  along  the  coast. 

If  the  schooners  are  stopiied  from  taking  seal  off  Prince  Edward 
Island  the  seal  will  become  ])lenty,  and  the  Indi.ans 

Chatiie  lJahtlin,p.2fJ8.  can  kill  them  as  they  did  a  long  time  ago.  Now 
the  Indians  can  get  very  few. 


I  think  the  schooners  slionld  be  sto]>i)ed  from  hunting  seal  so  that 

the  seal  may  beconie  ])Ientiful  on  thv,  coast  and 

]:clion, p.  280.  the  Indian  may  again  have  a  chance  to  get  them. 

It  makes  me  feel  bad  to  think  the  seal  are  most 

all  gone  and  we  can't  hunt  them  as  our  fathers  used  to. 


Tasaili  Feodor,  p.  231. 


I  think  fur-seals  would  increase  if  all  hunting 
at  sea  was  stopped. 


T  think  the  schooners  ought  to  be  prohibited  from  hunting  seal,  so 
the  Indians  could  again  get  them  again.  Xow 
they  are  obliged  to  go  a  l()ng  way  in  the  canoes, 

Frank,p.  294.  ^^^^^  often  go  many  days  without  seeing  a  seal,  and 

come  back  tired. 


m 


I  think  if  the  white  men  were  prohibited  from  taking  s«^al  around 

Dixons  Entrance,  I'rincc  oi'  Wales  Island,  and  in 

Clias.  Gibson,  p.  281.      Queen  Charlotte  Sound  the  seal  would  become 

plenty  once  more,  and  the  Indians  could  catch 

them  again  as  they  used  to  do. 


Gonaitut,  p.  238. 


Seal  will   soon  be  no  more  unless   the  Great 
Father  stops  the  schooners  from  hunting. 


Jai.  Gondoicen,  p.  259.  Think  if  all  jielagic  sealing  was  stojiped  in  Ber- 
ing Sea  and  the  North  Tacilic  Ocean  seal  would 
again  become  plentiful. 


Jaa.  nartliinuJc,  p.  239. 


I  think  if  the  schooner;-  were  prohibited  from 
sealing  they  would  become  i)lenliful  on  this  coast 
agctiu. 


If  the  Great  Father  does  not  stop  schooners  from  hunting  seal  along 
the  coast  of  Alaska  and  in  liering  Sea,  the  seal 

Sam.Hnyikaluia,p.  239.  will  soon  be  gone  and  the  Indian  must  starve 
that  makes  his  living  by  hunting  thuiu. 


OPINIONS   OP   INDIAN   HUNTERS. 


503 


seal  out  in 
so  that  the 


nently  pre- 
I  should  be 


iiiff  seal  ill 
ea  the  seal 
coast. 

ce  Edward 
he  Indians 
ago.    Kow 


'al  so  that 
!  coast  and 
)  jjct  them, 
il  are  most 


11  hunting 


ig  seal,  so 
(ill.  Xow 
le  canoes, 
I  seal,  and 


al  around 
xl,  and  in 
il  become 
idd  catch 


he  Great 


d  in  Ber- 
al  would 


it  0(1  from 
his  coast 


^al  along 
the  seal 
t  starve 


I  think  all  schooners  should  be  stopped  from  hunting  seal  oflF  Prince 
of  Wales  Islands,  so  the  seal  would  become  plenti- 
ful once  more  and  the  ludiins  could  catch  them     Johnnie  JohiiHn, p.2S3. 
again. 

And  unless  this  pelagic  hunting  is  8toi)pod  in  the  North  Pacific 
Ocean  and  Bering  Sea  the  seal  will  soon  all  be 
gone,  and  the  Indian  hunters  will  have  to  dig      P. Kuitiktduy, p.26i. 
clams  in  order  to  keep  from  starving. 

If  pelagic  seal  hunting  was  stopped  in  the  waters  of  the  Pacific 
Ocean  and  Bering  Sea,  seal  would  become  plenti- 
ful once  more.  ^-  *^''"' "*'''"*'  P'  263- 

All  sealing  in  open  waters  by  white  men  should     Einkooga,p.  240. 
be  stopped. 

I  think  the  seal  are  hunted  so  much  by  schooners  that  they  have  no 
chance  to  get  their  food  or  anything  else,  and  unless 
this  is  stopped  seal  will  soon  all  be  gone,  and  none      C'  Klananeck,p.  263. 
will  be  left  for  the  Indians. 

I  think  the  schooners  should  be  prohibited  from  hunting  seal  off 

Prince  of  Wales  Island,  so  they  can  become  plenty      „  ,      ..    ,       , 

j^gjjiQ^  >  J  1  J        Jtobcrt  Kooko,  p.  297. 

I  think  if  all  vessels  were  stopped  from  hunting  seal  in  Bering  Sea 
and  the  Pacific  Ocean,  the  seal  would  again  be- 
come plentitul.  '^"<'-  ^ow«»e«'.  P-  2W. 

Unless  the  schooners  are  stopped  the  seals  will  all  be  gone  soon,  and 
then  I  do  not  know  what  my  people  ;^an  do  for  a 
living;  they  know  nothing  of  other  work  and  there     -''^'«<">i»  Krukoff,  p.  133. 
is  nothing  else  at  the  seal  islands. 

I  think  if  schooners  were  prohibited  from  sealing  in  theop^n  waters 
of  Bering  Sea  find  the  North  Pacific  Ocean,  seal 
would  again  become  plentiful  along  this  coast.  ^*''*  ^«cA««*>i'-  265. 

There  are  too  many  schooners  hunting  oK  the  Prince  of  Wales  Island 
and  Dixons  Entrance,  and  if  they  are  not  stopped 
they  will  soon  be  all  gone.  ^''"^''-  ^''"'"'  P-  '^^^ 

I  think  if  the  schooners  were  prohibited  from      Fredk.  Mason,  p.  285. 
taking  seal  they  would  become  plentiful  as  they 
were  years  ago. 

Unless  all  seal  hunting  is  stopped  in  the  water,      Smith  yatch,p.  299. 
the  seal,  like  the  sea-otter,  will  soon  be  all  gone. 

I  think  if  the  schooners  are  not  prohibited  from      Dan.  Xathlan,  p.  287. 
hunting  seal  they  will  soon  become  as  scarce  as 
the  sea  otter  now  is. 

T  think  if  the  schooners  were  prohibited  from    Jo$.Nei$hkaitk,p.2St. 
taking  seal  they  would  become  plentiful  again. 


SI 


il; 


'Iff 


IP* 


f*' 


^f:: 


■i 


m 
I* 


604 

Ntkla-ah,p.288. 


ALASKAN    HERD 

I  think  if  the  schooners  are  not  stopped  from 
hniitiiig  seal,  the  seal,  like  the  sea-otter,  will  suun 
be  all  gone. 


It  wonhl  1)0  a  good  thing  for  the  Indians  if  the  schooners  were  pro- 
hibited from  sealing  in  the  Bering  Sea  and  the 
liondtuM, p. 212.  Korth  Pacific  Ocean;  if  it  is  continned  the  In- 

dians who  depend  on  fur-seal  for  a  living  must 
starve. 

And  unless  something  is  done  to  prohibit  the  schooners  from  hnnt- 

.  ing  seal  offQuoen  Charlottes  and  Prince  of  Wales 

Abel  lujan, p.  JJU.  inlands  there  will  be  no  seals  left  for  the  Indians. 

I  think  the  Great  Father  should  stop  all  schooners  from  hunting 
seal  in  licring  Sea  and  the  Pacific  Ocean,  so  the 

Schkataiin,  p.  243.  Seal  wonld  become  plentiful  again  and  the  Indian 
hunters  would  again  have  a  chance  to  kill  them. 

I  think  the  Great  Father  should  stop  all  sealing  by  schooners  in  the 
^^irtli  Pacilic  Ocean  and  tlie  seal  would  again  be- 

ShowooHvh,  p.  244.  coine  jdenty,  so  the  Indians  could  again  kill  plenty 
of  them. 


Jack  Shiickif,}.   289. 


If  the  schooners  are  allowed  to  hunt  seal  any 
longer  the  seal  will  soon  all  be  gone. 


I  think  that  if  schooners  were  stopped  from  sealing  in  Bering  Sea 

Mavtin  SiHgay,p.  268.  '"'^^  *''•;  ^''r}^\  I'liciAc  Ocean  seal  would  again  be- 
come plentiful. 

I  think  the  schooners  should  be  prohibited  from  sealing  in  the  North 
,  Pacific  Ocean  and  Bering  Sea.     If  that  was  done 

Jack  mtka,  p.  J6J.         gj,.^j  yj^^y^i^  become  plentiful  along  the  coast. 

I  think  the  schooners  should  be  stopped  hunting  se  il  in  the  open 

waters  of  the  Pacitic  Ocean  and  Bering  Sea,  and 

Skeenong,p.  244.  if  they  are  not  stopped  at  on<!e  the  Indians  who 

hunt  fur-seal  on  tiie  coast  of  Alaska  for  a  living 

will  become  very  poor  and  probably  starve  to  death. 

Think  if  sealing  by  the  schooners  in  the  open  waters  of  the  North 
Pacific  and  Bering  Sea  was  prohibited  the  seal 
James  Unatajm,p.272.  ^.^^^^j^^  .^j,.^j,j  i,^.come  plentiful  along  the  coast. 

Think  if  all  pelagic  seal  hunting  was  stopped  the  seal  would  in- 

^,    ,.    „,    ,       ,„ .      crease  along  the  coast  aud  become  plentiful  once 
Charlie  frank,  p.  2i3.      njore 

Billy  JViUiamt,  p.  301.  Hunting  seal  by  white  man  must  be  stopped  or 
the  seal  will  soon  be  all  gone. 

I  think  that  all  vessels  should  be  prohibited  from  hunting  seal  in  the 
water,  to  give  the  seal  a  chance  to  increase  again. 

Fred  iVilaon,  p.  dOl.  If  something  is  not  done  the  seal  will  soon  be  all 
g<me  and  will  soon  be  as  scarce  as  the  sea-otter. 


OPINIONS   OF   OTHER    WITNESSES. 


505 


I  think  if  all  poliigic  seal  hunting  wjis  stopped      .Vichael   Wooikoot,  p. 
seal  would  soon  become  plentiful  on  the  coast.       ^'^• 


liiUij  Tellarhii.  p  5^2. 


And  unless  tliey  are  stop]>od  from  hunting  tliem 
in  sciiooners,  the  seal,  like  the  sea-otter,  will  soon 
be  all  gone. 

Opinions  of  Other  Witne/tscs. 

Page  2iH  of  Tlic  Cast-. 

And  .should  polagic  sealing'  in  the  Xoitli  I'.kmCk' and  r.criiig  Sou  con- 
tinue, it  IS  only  a  (jucstii^n  of  a  very  few  years 
when  seal  in  these  seas,  and  especially  at  the  seal    "'•  C.  couhon,  p.  415. 
islands,  will  be  a  thing  of  tlie  past,  for  they  are 
being  rapidly  destroyed  by  the  killiiig  of  females  in  the  open  sea. 

If  the  seal  life  i.s  to  be  preserved  for  cornmereial  purposes,  the  seals 
must  be  protected,  not  oidy  in  the  I'ering  Sea, 
but  in  the  water  along  the  I'acitic  coast  from  the    f^-  C-  Coulson,p.  416. 
Aleutian  Pas.ses  to  the  Columbia  Kiver. 

I  believe  the  days  of  the  fur  seal  are  pretty  much  over,  and  if  the 
remnant  is  to  be  saved,  tiiey  must  be  juotected  in 
the  waters  of  tlie  N(trth  I'acitic  as  well  as  in  those      Leander  Cox,  p.  117. 
of  JJering  Sea,  from  the  ritle  and  sh»)tgun  of  the 
hunter.    1  am  of  the  opinion  tlmt  it  will  take  careful  nursing  for  some 
yciii's.  under  the  most  favorable  (rircumstaiices,  to  restcue  the  number 
of  .seals  to  anything  like  what  it  was  prior  to  1878. 

I  have  had  ample  opportunity  to  form  .an  opinion  in  regard  to  the 
eft'ect  upon  the  herd  of  the  killing  of  female  .seaKs. 
The  female  brings  fiu'th  a  single  otlspring  annu-    f^-  tl-  Dall,p.  21. 
ally,  and  heiu-e  the  repair  of  the  loss  by  death  is 

not  raj)id.  It  is  evident  that  the  injury  to  the  herd  from  the  killing  of 
a  single  feujale,  that  is,  the  producer,  is  far  greater  than  from  the  flcath 
of  a  male,  as  the  .seal  is  polygamous  in  habit.  The  danger  to  the  herd, 
therelbre,  is  just  in  propcu-tion  to  the  de.struction  of  female  life.  Kill- 
ing in  the  open  waters  is  peiuliavly  destructive  to  this  aninnil.  No 
discrimination  of  .sex  in  the  water  is  jxtssible,  the  .securing  of  tiie  prey 
when  killed  is,  under  the  best  of  circumstances,  uncertain,  and  as  trie 
l)eriod  of  gestation  is  at  least  eleven  montlus,  and  of  nnrsing  three  or 
four  months,  the  death  of  a  female  at  any  time  means  the  destruction 
of  two,  her.self  and  the  tVetus,  or,  when  nursing,  of  three,  herself,  the 
nursing  pup,  and  the  fietns.  All  killing  of  females  is  a  menace  to  the 
herd,  and  as  soon  as  snch  killing  reaches  the  point,  as  it  inevitably 
must  if  permitted  to  continue,  where  the  annual  increase  wil!  m)t  make 
good  the  yearly  loss,  then  the  destruction  of  the  herd  Mill  be  equally 
rapid  and  certain,  regarded  from  a  commercial  standpoint,  though  a 
few  individuals  might  siuvive. 

I  have  conversed  with  a  great  many  persons  who  have  been  engaged 
in  sealing  in  the  mu'thern  waters,  and  their  uni- 
form testimony  is  to  the  elfe(!t  that  the  open  .sea     Jat.n.  Doiiglnas, 2). il9. 
hunting  is  rapidly  destroying  the  fur-seals,  and 
that  it  is  only  a  question  of  a  few  ycais  until  they  entirely  disappear  if 
the  pelagic  sealing  continues. 


506 


ALASKAN   HERD. 


I  am  of  the  opinion,  from  what  I  know  of  the  habits  and  nature  of  the 
fur-seal  and  what  I  have  learned  of  oi)en-8ea  seal- 
Saml.  Falconer,  J).  162.   ing,  that  the  Pribllof  seal  herd  should  be  i)ro- 
tected  in  all  waters  which  they  frequent.    Other- 
wise it  is  only  a  matter  of  a  very  short  time  before  they  will  be  exter- 
minated. 


If  the  seals  become  extinct,  I  can  not  conceive  what  these  natives 
would  do  for  a  livelihood;  they  know  no  other  oc- 
Saml.  Falconer, p.  1G3.    cupation  save  seal  driving,  which  has  been  pur- 
sued by  tliein  and  their  ancestors  for  a  century. 
The  destruction  of  the  seal  herd  would  result  in  removing  their  sole 
means  of  sustenance  and  in  their  being  plunged  into  poverty,  and  prob- 
able return  to  barbarism.    The  only  way  to  iceep  them  from  starvation 
would  be  to  remove  them  from  the  islands,  and  for  the  Government  to 
support  them. 

The  Pribilof  seal  herd  should  be  protected,  both  in  Bering  Sea  and 

the  North  Pacific  Ocean,  because  the  injury  to  seal 

N.  A.  Glidden,  p.  111.    life,  bringing  about  a  decrease  in  the  size  of  the 

herd,  is  (caused  by  the  slaugliter  of  females  in  the 

open  sea.    If  the  seals  are  thus  protected,  and  the  existing  methods 

and  regulations  are  carried  out  on  the  islands,  the  seal  herd  will  not 

decrease,  but  on  the  contrary,  in  my  opinion,  will  increase.     If  the 

seals  are  not  protected  in  these  waters  tlie  herd  will  be  extermin.ated 

in  a  very  short  time.    It  is  only,  therefore,  by  protecting  the  seals 

everywhere  in  the  sea  and  ocean  that  seal  life  can  be  preserved. 

The  natives,  for  whom  I  am  entitled  to  speak,  as  being  one  of  them, 
aiul  receiving  a  share  from  the  proceeds  of  the 
Jlex.  HansBoUfp.  116.    sealeries,  protest  tliat  the  United  States  Govern- 
ment ouglit  to  have  protected  the  rookeries  against 
deep-sea  seal  fishing,  because  wo  believe  the  seals  rightly  belong  to  us 
and  sliould  not  be  killed  wiien  they  are  away  from  their  island  home. 
We  earnestly  pray  for  the  protection  to  which  we  are  justly  entitled. 

The  ruthless  practice  of  killing  seals  by  shooting  them  in  the  sea  is 

not  only  extravagant  in  the  loss  of  skins,  but  is 

M.  A.  Healy,  p.  28.       ulso  a  wanton  and  useless  destruction  of  a  valuable 

and  useful  animal,  and  must  necessarily  soon  lead 

to  its  extermination  if  not  discontinued. 

It  will  be  readily  seen  that  the  demoralization  produced  by  a  sealing 
fleetof  fifty  to  a  hundred  vessels  with  from  1,0(M)  to  2,000  men  scattered 
over  tlie  sea,  hunting  and  shooting  indiscriminately,  would  soon  put 
an  end  to  all  seal  life  in  those  waters. 

Owing  to  the  decrease  of  fur-seals  on  our  own  coast,  marine  hunters 
have,  during  tlie  last  few  years,  turned  their  atten- 
Itaac  Liebet,  p.  455.       tion  to  the  Asiatic  waters,  and  are  now  hunting 
them  there.   These  Asiatic  seals  have  their  breed- 
ing grounds  on  the  Commander  Islands  and  Kobben  Banks.  Last  year 
several  additions  were  msule  to  the  Asiatic  fleet,  and  large  catches 
were  secured  in  tliose  waters,  including  the  fitting  out  of  still  ftirther 
expeditions  this  season  for  tlie  same  business.  The  distance  is  so  great 
from  this  coast,  and  typhoons  are  so  liable  to  be  encountered)  that 


OPINIONS    OP   OTHER   WITNESSES. 


607 


tnre  of  the 
n-sea  seal- 
Id  be  pro- 
it.  Other- 
1  be  ex  ter- 


se natives 
<)  other  oc- 

been  piir- 
a  century. 

their  sole 
,  and  prob- 
starvation 
erumeut  to 


ig  Sea  and 
jury  to  seal 
size  of  the 
lales  in  the 
i{j  methods 
d  will  not 
56.  If  the 
terminated 
;;  tiie  seals 
ved. 

e  of  them, 
peds  of  the 
es  Govern- 
ies  against 
eloiig  to  us 
and  home, 
entitled. 

I  the  sea  is 

dns,  but  is 

a  valuable 

y  soon  lead 

y  a  sealing 
scattered 
1  soon  put 


nc  hunters 
heir  atten- 
w  hunting 
leir  breed- 
Last  year 
;;e  catches 
iill  further 
is  so  great 
tered.  that 


mnch  larger  vessels  are  fitted  out,  aiul  equipped  with  more  boats  to 
each  vessel  than  on  the  American  side  of  the  Pacific.  Unless  restricted, 
they  will,  in  a  very  few  years,  by  the  destruction  of  the  breeding  seals, 
deplete  these  rookeries,  as  tliey  have  those  of  Alaska.  In  factt,  two 
years  ago  last  year,  this  depletion  had  idready  become  apparent,  and 
last  year  the  Russian  officer  in  oliarge  ordered  the  catcli  to  be  re«luced. 
I  feel  convince<l,  and  it  is  the  opinion  of  others  familiiir  with  the  busi- 
ness, that  it  will  be  impossible  for  the  company  luiving  the  i)rivilcge  of 
sealing  there,  to  take  this  year  even  the  30,000,  to  which  tlie  quota  is 
now  reduced. 

The  business  of  pelagic  sealing,  if  permitted  to  be  carried  on  in  the 
northern  waters,  must  soon  result  in  the  extermi- 
nation of  the  seal  life  and  the  destruction  of  a     J-  i^-  Morion,  p.  C9. 
great  and  valuable  industry.    It  must  produce 
untold  poverty  and  distress  among    the  native  people  of  the  seal 
islands,  and  in  various  adverse  ways  affect  tlie  material  interests  of 
other  Alaska  settlements  and  communities. 

As  one  result  of  my  study  of  seal  life  on  the  islands  I  have  come 
to  the  conclusion  that  if  pelagic  sealing  in  Boring 
Sea  and  North  Pacific  should  continui;  for  a  pe-      S.  R.  Ncitleion,  p.  76. 
riod  of  five  years  to  the  same  extent  as  now  prac- 
ticed, seal  life  upon  the  Pribilof  Islands  will  have  become  extinct. 

In  contemplating  this  destruction,  the  natives  of  the  seal  islands  are 
most  deeply  interested,  for  they  are  wholly  de- 
pendent upon  the  seals  for  a  livelihood.  The  an-  B.  H.  Mcfntyre,  p.  53. 
cestors  of  the  three  hundred  people  now  upon  the 
islands  were  taken  there  more  than  one  hundred  years  ago,  and  their 
descendants  have  been  born  and  bred  to  their  occupation  of  seal  kill- 
ing and  know  no  other.  Prior  to  1808  the  Russians  furnished  them 
only  indifferently  well  with  coarse  articles  of  I'ood  and  (Nothing  which 
the  seals  did  not  supply,  but  left  them  to  live  in  unhealthy  c(mditions 
in  their  damp  underground  houses,  often  unsuj)plied  with  fuel  aiul  not 
infrequently  short  of  food.  Under  the  liberal  management  of  the 
Americans  they  have  been  provided  with  comfortable  wooden  houses, 
an  abundance  of  coal  to  heat  them,  warmch)thing,  well  taught  schools 
in  comfortable  schoolhouses,  attractive  churches  in  the  Greco  Kussian 
faith,  to  which  they  are  devotedly  attached,  and,  in  short,  with  all  the 
comforts  and  many  of  the  luxuries  of  civilization.  With  these  sur- 
roundings they  have  made  remarkable  progress,  rendered  jjossible  by 
their  income  of  more  than  $40,000  per  annum  from  the  seal  fisheries, 
without  which  they  are  lett  in  absolute  ])overty,  and  must  either  leave 
their  island  home  in  search  of  other  em{)loyment  of  which  they  know 
nothing,  rely  upon  the  charity  of  the  GovernnuMit  for  meager  support, 
or  starve.  They  rightly  charge  these  diie  alternatives  upon  the  pe- 
lagic seal  hunters,  who  have  ruthlessly  destroyed  the  herd  in  which 
every  native  had  a  certain  vested  right,  in  the  exercise  of  which  he 
deserved  the  protection  of  the  Government  into  whose  care  he  has 
come. 

And  it  is  plain  to  anyone  famihar  with  this  animal  tliat  extermina- 
tion must  soon  fWlow  unless  some  restiictive  metis-      ,,    „  ,,,  ^ 
ores  are  adopted  without  delay.  ^''" '  "  **"*'-'^-  ^^' 


I- 


508 


ALASKAN   HERD, 


There  can  be  no  qnoatiou  that  if  the  seals  are  not  protected,  and  this 
T*       T   irw  tremendous  shiufjliter  that  is  iiowpjiiij;  on  in  the 

495  lyu'tamn,  p.  g^j^  ^^  „^j;  immediately  stopped,  there  will  be  a  to- 

tal  destruction  of  the  herd  in  a  very  short  while. 
I  suppose  that  if  everyone  could  kill  s<'al  in  the  Beriuf;  in  a  few  years 
Theo.  T.iyiiiiamK,ii>iot-  the  seal  would  all  be  dead  except  the  males,  and 

ing  Capt.  ohcn,  p.  505.      in  time  the  seals  would  be  exterminated. 

MEANS  NECESSARY. 
Paffe  250  of  The  Ciiso. 

The  maintenance  of  the  birthrate,  the  vital  and  essential  element  in 
the  i)reservation  and  j)erpetuation  of  the  herd,  re- 

neport  of  .imerican  ,,niros  the  preservaticm  of  the  whole  of  the  <!lass 
rh^rZ'!"''''''  ^''  of  breediu};  females,  while  only  a  small  number  of 

virile  males  are  net.'essary  or  at  all  concerned  in 
the  matter. 

This  is  the  {jreat  essential  difference  between  the  importance  of  the 
life  of  the  female  and  that  of  the  male  to  tiie  conservation  of  the  herd, 
and  it  is  the  fundamental  proposition  on  which  hangs  the  solution  of 
the  whole  problem. 

ABSOLUTE  PROniRITION  OF  PELAGIC  SEALING. 

Pago  251  of  Tho  Case. 

If  the  destruction  of  seals  at  sea  is  wholly  snppressed  it  will  result 
in  restoring  the  rookeries  to  their  former  i)roduc- 

W.  C.  AUis,  p.  99.  tiveness.  Jiut  no  partial  measure  of  protection 
should  be  undertaken,  because  it  can  not  to  be 
enforced. 

N.  W.  Andersen,  p. 223.  For  the  preservation  of  seal  life  pelagic  hunt- 
ing should  be  stopped. 

Andrew  Anderson,  p.  I  believe  that  in  order  to  preserve  fur-seal  life 
218.  pelagic  hunting  should  be  stopped  absolutely. 

C.  n.  Anderson, p.  206.       And  am  of  the  opinion  that  if  such  sealing  were 
absolutely  suppressed  the  species  would  again  in- 
crease. 

Johnny  Baronovitch,  p.  I  think  if  the  schooners  were  all  stopped  from 
276.  hunting  seal  they  would  become  plentiful  once 

more,  and  the  Indians  could  catch  them  as  they 
used  to. 

Wilton  C.  Bennett,  p.  I  think  that  all  pelngic  hunting  should  be 
357.  stop])ed,  80  that  seal  would  have  a  chance  to  in- 

crease. 

I  think  schooners  should  be  prohibited  from  hunting  seal  in  the 
North  Pacific  Ocean  to  give  them  a  chance  to  in- 
Edward  iienBon,p.278.  creasc  again. 


hit 


pid,  and  this 
\fS  on  in  the 
will  be  a  to- 
ort  while, 
a  few  years 
males,  and 
Bd. 


oloment  in 
he  herd,  re- 
>f  the  <!lass 
I  nnmlKTof 
>ncerued  in 

[ince  of  the 

if  the  herd, 

solution  of 


i  will  result 

ler  i)roduc- 

proteetion 

not  to  be 


aijic  liunt- 


tir-seal  life 
utely. 

aling  were 
d  again  in- 


pped  from 
tiful  once 
m  as  they 


diould  be 
-nee  to  in- 


AB'-OLUTi:    rRorilBITION   OF   PELAGIC   SEALING. 


50D 


Deponent  says  while  he  does  not  wish  to  express  any  opinion  upon 
the  matters  which  are  in  controversy,  that  never- 
theless, lookinj;  at  the  cpiestion  of  preserving  the     n.  s.  licvhujion.  /».  553. 
seals  from  a  natural -history  point  of  view  alone, 

and  having  no  regard  whatever  to  the  rights  of  any  individuals  or 
nations,  but  hioking  at  the  matter  simply  from  the  point  of  view  of  h<»w 
best  to  preserve  the  seals,  he  has  no  hesitation  in  saying  that  the  best 
way  to  accomplish  that  object  would  be  to  prohibit  abw»lutely  the  kill- 
ing of  all  seals  except  upon  the  islands,  and,  furtlu'mnne  to  limit  the 
killing  of  seals  on  the  islands  to  the  nmle  species  at  particular  times, 
and  to  limit  the  numbers  of  the  males  to  be  so  killed.  If,  however, 
the  rights  of  individuals  are  to  be  considered,  and  sealing  in  the  open 
sea  is  to  be  allowed,  then  deponent  thinks  that  the  number  of  vessels 
to  be  sent  out  by  each  country  ought  to  be  limited,  and  the  number  of 
seals  which  may  be  caught  by  each  vessel  should  be  specitied. 

Deponent  says  that  one  reasou  why  he  thinks  the  killing  of  seals  in 
the  open  sea  should  be  jnoliibited  and  all  killing  limited  to  the  islands 
is  l»ecause  tlejionent  is  (►f  the  opinion  that  when  seals  are  killed  in  the 
open  sea  a  huge  number  must  be  killed  which  are  not  recovered,  and 
consequently  that  the  herds  must  sutler  much  gn^ater  loss  than  is 
measured  by  the  skins  of  the  seals  caught  or  coming  to  market. 

Deponent  further  says  that  one  reason  for  this  opinion  is  that  he  has 
hsid  some  snnill  experience  in  shooting  hair  seals  iu  the  iScilly  Islands, 
and  has  himself  ])ersonally  killed  hair  seals  at  a  distance  of  40  or  r>0 
yards,  which  sank  before  he  could  reach  them.  Hair-seals  are  of  the 
same  general  family  as  the  fur-seals,  aiul  he  has  nodcmbtthatthe  same 
thing  occurs,  and  must  occur,  when  the  fur-seals  are  killed  ou  the  open 
sea. 

It  is  my  opinion  that  for  the  proper  preservation     J-  ^-  BradU^j,  p.  227. 
of  fur-seal  life,  all  i)elagic  hunting  should  be 
stopped  absolutely. 


I  am  of  the  opinion  that  the  Pribilof  seal  herd 
should  be  protected  throughout  Bering  Sea  and 
also  in  the  North  Pacitic  Ocean. 


Charles  Bryant,  p.  9. 


In  my  judgment  pelagic  seal  hunting  should  be  absohitely  prohibited 
both  in  Bering  Sea  and  the  Noith  Pacitic.    In 
case  tliere  is  not  such  prohibition  the  Pribilof  seal      s.  N.  Buynitaky,  p.  22. 
herd  will  be  either  exterminated  in  a  very  short 

time  or  else  the  few  which  escape  from  the  indiscriminate  slaughter  of 
pelagic  hunters  will  be  driven  from  the  Pribih)f  Islands. 

It  will  be  necessary  to  i)revent  at  once  further  open-sea  or  coastwise 
killing  of  seals,  both  in  Bering  Sea  and  northern  Pacific  Ocean,  if  tiiey 
are  to  save  them  from  extinction  on  the  Piibilof  Islands.     *     *     • 

And  if  the  i)elagic  hunter  and  his  destructive  methods  were  ban- 
ished from  the  waters  of  the  Bering  Sea  and  North  Pacitic  it  would  be 
but  a  few  years  when  these  islands  would  again  be  teeming  with  seal 
life. 


I 


:. 


'al  in  the 
nee  to  iu- 


I  do  not  think  it  possible  for  seals  to  exist  for  any  length  of  time  if 
the  present  slaughter  continues.    The  killing  of 
the  females  means  the  death  of  her  born  or  un-     Ja».L.  Carthcut,pA(X). 
born  pup,  and  it  is  not  reasonable  to  expect  that 


i^Jfi 


r 


510 


ALASKAN   HERD 


^Vf 


Rr;t  -* 


(his  iinniciiHO  drain  on  the  herds  can  be  continued  without  a  very 
lapid  diMioaHu  in  th(Mr  numbers,  and  which  practically  means  exter- 
niinatiun  within  a  very  lew  years.  If  the  seals  are  to  be  saved  tliere 
must  bo  no  killinp;  at  any  time  in  tlie  waters  of  Bering  Sea,  and  it  is 
also  very  important  for  their  i)re8ervation  that  no  females  be  killed  in 
the  Noi  th  Pacific.  Tliey  must  be  protected  in  both  of  these  waters  or 
they  will  be  exterminated. 

Knowing  that  pelagic  hunting  is  the  cause  of  the  decrease  iti  Air-scal 

ir     f  t'l.-  m    *•  ''*''^'  ^^'**  '"'^^  *"  favor  of  its  entire  and  absolute  sup- 

f^amitChtcMnoff  etai.,  ^^^.^,^^•^^^^^  ^^^^^^  pi-ohibition  in  order  that  said  fur- 
seal  life  may  be  saved  fiom  extermination. 


Peter  Church,  p.  2ii7. 


I  think  all  pelagic  sealing  should  be  stopped,  so 
that  seal  would  have  a  chance  to  increase. 


Jno.  C.  Clement,  p.  258.      And  if  pelagic  sealing  Avas  stopped  altogether, 
the  seal  would  then  become  plentiful. 

After  twenty-two  years'  experience  in  Alaska  in  the  fur  business  I 
have  no  hesitation  in  saying  that  if  the  fur-seal 
M.  Cohen,  p.  225.  Species  is  tt)  be  saved  from  extinction  all  ])elagic 

seal  hunting  must  cease,  as  it  is  absolutely  neces- 
sary that  the  female  fur  seal  should  be  allowed  access  to  a  rookery  in 
order  safely  to  deliver  her  young. 

Upon  the  amount  of  protec^tion  depends  the  safety  of  the  seal  herd  in 
llio  future.     If  i)rotected  only  upon  the  I'ribilof 
W.  II.  Dull, p.  24.         Islands  extermination  will  be  rapid;  if  they  are 
protected  upon  the  islands  and  in  the  wat«rs  of 
Bering  Sea  also  the  decrease  will  be  slower,  but  ultimate  extinction 
will  ])robably  follow.    To  jjreserve  them  completely  it  is  necessary  that 
they  should  be  protected  in  all  waters,  which  they  frequent  at  all  times. 
Killing  upon  land  «an  be  regulated  and  interference  with  the  females 
rigidly  prohibited,  but  all  killing  at  sea  is  indiscriminate  and  uncon- 
trollable, and  hence  fatal  in  its  consequences  if  carried  on  to  any  serious 
extent.    Itegarded  as  a  ttu^tor  in  the  world's  commerce,  extinction 
means,  and  is  here  used  to  mean,  a  diminution  so  great  that  the  catch 
Avould  not  pay  for  hunting,  without  reference  to  the  fact  that  a  few 
scattered  individuals  may  long  survive  the  general  mass. 


Wm.  Foster,  p.  221. 


In  my  opinion,  in  order  to  preserve  the  fur-seals, 
all  pelagic  sealing  should  be  stopped. 


Deponent  further  says  that  in  his  judgment  the  absolute  prohibition 
of  ]telagic  sealing,  i.  e.,  the  killing  of  seals  in  the 
Alfred  Fraser,  p.  557.    open  sea,  whether  in  the  North  Pacific  or  the 
Bering  Sea,  is  necessary  to  the  preservation  of  the 
seal  herds  now  surviving,  by  reascm  of  the  fact  that  most  of  the  f,.inales 
so  killed  are  heavy  with  young,  and  that  necessarily  the  increase  of  the 
species  is  diminished  by  their  killing.    And  further,  from  the  fact  that 
a  large  number  of  females  are  killed  in  the  Bering  Sea  while  on  the 
search  for  food  after  the  birth  of  their  young,  and  that  in  consequence 
thereof  the  pups  die  for  want  of  nourishment.    Deponent  has  no  per- 
sonal knowledge  of  the  truth  of  this  statement,  but  he  has  information 
in  respect  of  the  same  from  persons  who  have  been  on  the  Pribilof  Is- 


mi 


ABSOLUTE    rROIIIDITION    OF    PKLAOIC    SKALINO 


511 


thout  a  vury 
means  exter- 
)  saved  there 
Sea,  and  it  is 
3  be  killud  in 
B8ti  watei'8  or 


SB  in  flir-seal 
absolute  sup- 
liat  Haid  fiir- 
lation. 

le  stopped,  so 
rease. 

d  altogether, 


ir  business  I 
'  the  fur-seal 
1  all  ]>elagi«; 
lutely  neces- 
a  rookery  in 


I  seal  herd  in 
the  Pribilof 
;  if  tliey  are 
he  waters  of 
e  extinction 
cessarythat 
at  all  times, 
the  females 
and  un  con- 
any  serious 
extineti(m 
it  the  catch 
that  a  few 


le  fur-seals, 


prohibition 
seals  in  the 
ifle  or  the 
ationof  the 
the  foinales 
ease  of  the 
le  faet  that 
lile  on  the 
>nsequence 
las  no  per- 
1  formation 
»ribUof  Is- 


lands, and  ho  believes  the  same  to  be  true.  Deponent  further  says  that 
this  opinion  is  based  upon  tlie  assumption  tliat  the  ]ircsent  restriction 
imposed  by  Hiissia  and  the  United  States  (ui  the  killing  of  seals  in  their 
respective  islands  are  to  be  nuiintained,  otherwise  it  would  be  neces- 
sary to  impose  such  restrictions  as  well  as  to  prohibit  pelagic  sealing  in 
order  to  jireserve  the  herds. 

I  am,  therefore,  of  the  opinion  that  jielagle  sealing  should  be  abso- 
lutely ]>rohibited    both  in   JSering  8ea  ami   the 
Ninth  I'acilic  Ocean.     If  this  is  done  and  a  few      Cha».  J.  Goff, p.  Hi. 
years  are  allowed  the  seal  li(!id  to  recover  from 
the  enormous  slaugliter  of  the  past  seven  years,  the  Pribilof  Islands 
will  i>roduce  their  100,000  skins  as  heretofore  for  an  indellnite  period. 

We  think  that  for  the  proper  ])reservation  of     Mcoii  Omjoroff  et  al, 
the  fur-seal  species,  all  pelagic  hunting  should  be  ^-  ^'^*' 
stopped  absolutely. 

It  is  my  opinion,  that  for  the  proper  preservation  of  fur  seal  life  all 
pelagic  hunting  should  be  prohibited  and  stopped 
absolutely,  as  I  think  the  female  seal  should  have     -4.  J.  Guild,  p.  232. 
access  to  a  rookery  in  order  safely  to  deliver  her 
young. 

I  think  that  a  close  season  at  the  Pribilof  Islands  for  several  years 
and  the  absolute  suppression  of  jR'lagic  sealing 
will  cause  the  fur-seal  species,  or  such  of  tlieaj  as      Chaa.J.  JIa(fue,p.2m. 
frequent  the  l'ribil<)f  Islands,  to  increase,  though 
slowly,  to  their  former  numbers. 


Unless  [pelagic  hunting  is|  discontinued  they 
Avill  soon  become  so  nearly  extinct  as  to  be  worth- 
less for  commercial  ])urposes. 


J.   M.  Haya,  p.  27. 


I  firmly  believe  that  the  fnr-soal  industry  at  the  Pribilof  Islands  can 
be  saved  from  destruction  only  by  a  total  prohi- 
tion  against  killing  seals  not  (Mily  in  the  waters      j/.  a.  Ueahj,p.  28. 
of  the  Bering  Sea  but  also  during  their  annual 
immigration  nortlnvai'd  in  the  Pacific  Ocean. 

This  conclusion  is  based  upon  the  well-known  fact  that  the  mother 
seals  {»re  slaughtered  by  the  thousands  in  the  North  Pacitic  while  on 
their  way  to  the  islands  to  give  birth  to  their  young,  and  extiu(;tion 
must  necessarily  come  to  any  sju'cies  of  animal  where  tlie  female  is  con- 
tinually hunted  and  killed  during  the  period  required  for  gestatiim  and 
rearingof  her  y<mng;  as  now  piacticecl  there  is  no  respite  to  the  female 
seal  from  the  relentless  ptirsuit  of  the  seal  hunters,  for  the  schooners 
close  their  season  Avith  the  departure  of  the  seals  from  the  northern 
sea,  and  then  return  home,  refit  immediately  and  start  out  upon  a  new 
voyage  in  February  or  March,  commencing  upon  the  coast  of  (California, 
Oregcni,  and  Washington,  following  the  seals  northward  as  the  season 
advances  into  the  Bering  Sea. 

It  is  my  belief  that  in  order  to  ])reserve  fur-seal  life  from  extermina 
tiojj  all  pelagic  hunting  should  be  stopped  and    .,  „  , 

Bering  Sea  closed.  ^  •"'"""'  ^"''i/'""'  P-  368 


r ' 


512 


ALASKAN    HERD. 


I!' 


In  Riich  a  case  rh  tliiH  I  do  not  boliuve  that  the  enforcement  of  a 
•  lose  time,  cithoi- in  BtM-ing  Sea  or  on  the  north- 
I  ''''"^:J  •  ^-  ^'*^^''^'  '"'west  coast,  wouhl  ])c  of  any  priictical  utilit)',  uu- 
'^"    "'  less  the  lishing  is  absolutely  prohibited. 

Granting  that  open-sea  seal  hunting  is  to  be  allowed,  the  use  of  the 
Uun  shouM  be  absolutely  prohibited,  and  a  close 

hrands  U.  King-Ui  U,  ti,,,^  established  which  should  extend  from  the 
^"      ■  beginning  of  the  year  until  all  gestation  is  tin- 

ished.  Further  to  protect  the  nursing  female  seals,  it  will  be  neces- 
sary to  prohibit  sealing  within  a  zone  extending  at  the  very  least  100 
miles  from  the  rookeries,  in  order  that  the  females  may  be  unmolested 
while  feeding,  and  even  under  such  restrictions  there  is  no  doubt  nuiny 
pups  would  die  of  starvation  through  the  death  of  their  mothers,  which 
would  be  killed  outside  the  protected  zone.  This  method  of  prote«!tion 
I  suggested  to  several  owners  and  captains  of  the  sealing  vessels  at 
Victoria,  who  all  approved  of  the  jdan,  naturally,  to  a  certain  extetit, 
from  seillsh  reasons.  In  my  own  opinion,  however,  the  most  perfect 
method  of  protecting  the  Alaska  seal  is  to  kill  only  the  young  bache- 
lors, and  as  this  discrimination  <;an  be  made  ou  shore  alone,  it  natur- 
ally restricts  all  killing  to  the  Tribilof  Islands. 

Owing  to  the  steady  decrease  in  fur  seal  life  of  late  years,  due  to  the 
large  number  of  vt'ssels  hunting  them  at  sea,  it 
Frank  Korth,  p.  235.      is  my  opinion  that  in  order  to  save  the  species 
from  extermination  all  pelagic  hunting  of  fur- 
seals  should  be  prohibited  and  stoi>ped  absolutely. 

And  believe  that  in  o-  der  to  preserve  the  species  ftom  actual  and 
spec  y  extcrminaticm  all  pelagic  hunting  should 

Jaa.  E.  Lcnnan,  p.  370.  be  stopj)ed  absolutely,  and  the  waters  of  Bering 
Sea  closed. 

I  believe  that  in  order  to  preserve  fur  seal  life  it  is  necessary  to  ab- 
solutely stop   pelagic  hunting  and  maintain  a 

Ji.  lV.Litthjolni,pA5l.  dost'  season  against  killing  for  skins  on  thePrib- 
ilof  Islands. 

Think  if  all  pelagic  sealing  was  stopped  the  seal  would  become 
l»lentiful  again.    If  they  keep  on  hunting  them 
J.  U.  AlvDomid,  p.267.  ^j,j,y  ^^,■^^^  ^^^^^  ^^  exterminated. 

I  am  fully  convinced  from  my  knowledge  of  seal  matters  that  if  this 
indiscriminate  and  reckless  destruction   of  the 

U.  H,  Mcintyre,  p.  46.  Pribilof  seal  herd  continues  as  it  has  done  in  the 
past  six  years  in  Bering  Sea  and  the  North  Pacilic, 
the  seals  will  be  practically  exterminated  in  a  very  few  years,  even  if  the 
United  States  Government  should  not  allow  any  seals  to  be  taken  on 
the  Pribilof  Islands,  for  the  destruction  of  females  in  the  water  has 
reached  a  number  that  can  not  be  met  by  the  annual  increase. 

In  my  Judgment  the  seals  should  be  protected  in  Bering  Sea  and  the 
North  Pacilic.  and  that  jjelagic  sealing  should  be  entirely  prohibited  in 
the  said  waterti. 


ABSOLUTE    TROniBITION   OF   PELAGIC   SEALING. 


513 


rcement  of  a 
)ii  the  iiorth- 
il  utility,  uu- 

le  use  of  the 
,  mid  a  close 
nd  from  the 
station  is  tin- 
ill  be  neres- 
ery  least  100 

I  uinnolestcd 
doubt  many 

ithers,  which 
of  prote(;tiou 

II  ff  vessels  at 
itaiii  extent, 
most  perfect 
oiiTijEf  i)ache- 
>ne,  it  uatur- 


s,  due  to  the 

em  at  sea,  it 

the  species 

ting  of  fur- 


1  actual  and 
ting  slumld 
8  of  Bering 


ssary  to  ab- 
uiaintain  a 
on  the  Prib- 


II Id  become 
ntiiig  them 


that  if  this 
ion  of  the 
done  ill  the 
rth  Pacific, 

even  if  the 
)e  taken  on 

water  has 
ie. 

5ea  and  tlio 
uhibitcd  in 


And  that  the  prohibition  of  snch  poaohinf;  in  necessary  to  the  pres- 
ervation of  tlie  herds,  and  that  from  what  he  has 
himself  seen  he  thinks,  if  sueh  poaching  be  not     r.  F.  Morgan,  p.  65. 
prohibited  the  herds  will  be  practically  exter- 
minated within  Ave  years. 


I  think  all  the  Rchooners  onght  to  be  stopped 
catching  seal,  so  the  Indians  could  catch  them 
again. 


}fatthm  l^orri$,  p.  280. 


I  believe,  to  avoid  certain  extermination  of  the  Pribilof  seal  herd  in 
the  near  future,  that  they  must  be  prote«!te«l  in 
Bering  Sea  and  in  the  North  Pacific  Ocean.    Pel-     j.  h.  moulton,p.  32. 
agic  sealing  must  be  absolutely  prohibited,  be- 
cause the  majority  of  seals  killed  iu  this  way  are  pregnant  or  milking 
females,  and  tliis  is  certain  to  cause  ex!  Miction  of  the  species  very  soon, 
if  continued.    If  pelagic  sealing  is  sttJitped,  and  the  present  regula- 
tions enforced  on  the  islands,  ^ho  seal  herd  wiH  slowly  but  surely 
increase  again,  as  they  did  bef^ '    pelagic  sealing  had  grown  to  such 
proportions  as  to  affect  seal  life. 


If  this  pursuit  were  stopped  alto "th  or,  I  think 
the  fur  seal  species  w^uld  inciease  again,  al- 
though very  slowly. 


Arthur  Newman, p.^l. 


Unless  the  pelagic  hunter  is  prevented  ft-om  taking  seals  in  Bering 
Sea  and  in  the  North  Pacific,  the  Alaskan  fur-      r  ^   ^  f^. 

seal  will  soon  cease  to  be  of  commercial  value.       •  ^'  ^"y*'  P-  **• 


If  the  schooners  were  stopped  hunting  seal,  they  would  become  plenty 
once  more,  and  my  people  would  get  plenty  once 
more,  and  they  need  them  very  much. 


Peter  Olton,  p.  289. 


In  regard  to  the  broad  question  of  the  protection  of  the  seal  life  at 
our  possessions  in  the  Bering  Sea,  I  have  clear 
and  decided  views.  I  think  there  has  been  a  crim-  ^.  O.  Otu,  p.  88. 
inal  waste  of  this  most  precious  animal  life,  and 
that  the  whole  recent  era  of  destruction  should  have  been  averted  by 
the  prompt  and  forcible  interference  of  the  Government.  It  is  a  groat 
industry,  that  deserves  the  fullest  protection,  whether  the  Government 
and  people  of  the  United  States,  or  those  of  Great  Britain,  or  Canada, 
or  Russia,  are  concerned.  All  have  interests  more  or  less  in  common 
in  the  perpetuation  of  the  seal  life  and  the  preservation  of  this  industry. 
The  destruction  of  the  seals  results  only  in  loss  to  all.  When  they  are 
gone,  there  are  no  longer  any  seals  to  quarrel  over  and  no  need  of  the 
modus  Vivendi.  I  believe  that  our  Government  should  have  sought  the 
cooperation  of  that  of  Ei.^sia,  and  that  they  should  jointly  have  thrown 
a  powerful  fleet  into  those  waters  and  protected  the  comnion  interest. 
There  is  no  question  in  ray  mind  bi^t  that  a  vast  deal  of  the  destruc^tion 
which  has  been  going  on  in  recent  years  is  directly  due  to  the  lawless 
killing  in  the  open  sea  on  the  annual  migrations  of  the  female  seals 
northward  to  the  seal  islands  for  the  purpose  of  bearing  their  young, 
and  later,  on  their  voyages  from  the  rookeries  to  the  adjacent  fishing 
banks  in  search  of  food.  You  can  no  more  preserve  the  seal  life  at 
these  islands  with  these  destructive  methods  in  vogne  than  yon  could 
preserve  a  band  of  sheep  or  any  race  of  domestic  animals  by  turning 

33BS 


514 


ALASKAN    HERD. 


6*[^iJi*- ; " 


loose  a  pock  of  wolves  to  raid  them  between  their  pasture  grounds  and 
their  eouals,  A  fur  seal  is  an  animal  of  hi{j;h  and  fine  organism,  with 
M'onderfiil  delicacy  and  sensitiveness,  and  however  much  attached  to 
their  natural  land  habitat  they  may  be,  are  easily  driven  therefrom  by 
violent  methods,  whether  upon  laud  or  in  the  water.  The  whole  se- 
cret, in  my  Judgment,  of  the  preservation  of  the  seal  life  at  thePribilof 
Islands  and  in  the  Bering  Sea  lies  in  a  prompt  returu  to  those  early 
methods  of  pres(^rvatiou  which  produced  such  marvelous  results  for 
good  during  the  earlier  years  of  our  possession  of  the  islamls.  The 
suppression  of  unlawful  and  miscellaneous  seal  killing,  whether  iu  the 
open  sea  or  along  our  northern  coasts,  is  the  essential  thing,  in  my 
judgment,  to  resuscitate  this  great  industry  and  prevent  the  utter  ex- 
termination of  the  seal  life. 

To  one  like  myself,  having  a  practical  knowledge  of  the  subject,  de- 
rived from  close  jjcrsonal  observation  and  study  on  the  ground,  it  is 
amazing  tlmt  there  shimld  have  been  so  much  delay  on  the  part  of  the 
countries  most  <;oncerned  in  arriving  at  a  full  agreement  for  the  ade- 
quate protection  of  this  uni([ue  and  valuable  industry.  Indiscriminate 
poaching  has  only  resulted  in  injury  to  the  common  interest,  benefiting 
only  a  few  lawless  poachers  who  have  be^n  suffered  to  invade  what 
should  be  treated  as  sacred  marine  territory. 

I  desire  to  add  that  I  have  not  now,  and  never  have  had,  any  pecun- 
iary or  property  interest  whatever,  directly  or  indixectly,  in  the  sealing 
industry,  and  that  I  look  upon  the  question  simply  as  an  American 
citizen  desirous  of  seeing  that  which  belongs  to  our  Government  and 
people  defended  and  protected  to  the  uttermost. 

To  one  who  has  spent  so  many  years  among  the  seals  as  I  liave  and 
who  has  taken  so  much  interest  in  them,  it  does 
J.  C.  Redpaih,  p.  152.    ajqiear  to  be  wrong  that  they  should  be  allowed 
to  be  so  ruthlessly  and  indiscriminately  slaugh- 
tered by  pelagic  hunters,  who  secure  only  about  one-fourth  of  all 
they  kill.    There  is  no  doubt  in  my  mind  that  unless  immediate  pro- 
tection be  given  to  the  Alaskan  fur-seal  the  species  will  be  practically 
destroyed  in  a  very  few  years ;  and  iu  order  to  protect  them  pelagic 
hunting  must  be  absolutely  prohibited. 

1  think  the  seals  ought  to  be  protected  both  in  Bering  Sea  and  the 
North  Pacifio  Ocean,  and  pelagic  sealing  entirely 
T.  F.  /?//((»,  p.  175.         prohibited  iu  those  waters,  or  else  a  close  season 
established,  beginning  March  1  and  ending  Sep- 
tember 1  or  October  1.    In  case  the  seals  are  not  protected  in  this 
manner,  I  believe  they  will  be  exterminated  within  five  years. 

The  annihilation  of  many  rookeries  formerly  existing  in  different  parts 
cf  the  world  has  heretofore  been  accomplished  by 

C.  M.  Scammon  p.  475  ^  isteful,  and  Sometimes  wanton,  destruction  on 
the  land.  Now,  the  only  known  rookeries  of  any 
size  are  guarded,  and  the  vandals  can  not  reach  them;  but  they  seem 
to  have  found  methods  of  destruction  almost  as  effectual  as  a  seal  club, 
and  they  kill  as  cruelly  and  wastefuUy  as  they  formerly  did  on  land. 
Other  animals  of  less  use  to  mankind  than  the  seals  are  protected  by  a 
close  season,  or  some  other  restriction,  to  save  them  from  slaughter 
when  breeding,  but  nearly  all  the  seals  killed  in  the  water  axe  mothers 
with  young. 


frounds  and 
ciiiism,  with 
attached  to 
lerofroin  by 
le  whole  se- 
the  Pribilof 
those  early 
results  for 
aiids.  Tiie 
ether  iu  the 
[ling,  in  my 
he  utter  ex- 
subject,  de- 
fround,  it  is 
i  part  of  the 
For  the  ade- 
liscriininate 
b,  benefiting 
uvade  what 

,  any  pecun- 
i  the  sealing 
n  American 
I'umeut  and 


I  have  and 
lem,  it  does 
be  allowed 
ely  slaugh- 
urth  of  all 
ediate  pro- 
)ractically 
lem  pelagic 


lea  and  the 
ng  entirely 

ose  season 
nding  Sep- 

d  in  this 
rs. 

Brent  parts 
plished  by 
ruction  on 
ries  of  any 
they  seem 
seal  club, 
1  on  land, 
ected  by  a 
slaughter 
re  mothers 


ABSOLUTE   PROniniTION    OF   PFJ-AGTP    SKAT.mO. 


515 


Bering  Sea  seems  to  be  peculiarly  adapted  to  the  wants  of  the  fur- 
seals,  its  climate  is  moist,  the  sun  rarely  shines  in  snmmer,  and  the 
water  abounds  in  lish.  Here  [in  Bering  Sea]  also  ]H'lagi<-  seal  hunters 
find  their  best  opportunity.  Tlioy  can  stay  about  where  they  please  un- 
der cover  of  the  fog  an«l  defy  any  guard-ship  to  detect  them.  The  range 
of  the  seals  is  very  broad,  and  it  is  impossible  to  watch  every  square 
mile.  The  only  way  to  stop  the  destriuition  of  the  rookeries  is  to  stop 
pelagic  sealing.  If  it  is  cruel  and  wasteful  to  destroy  a  whole  species  of 
usefnl  breeding  animals,  it  is  Just  a  cruel  and  wasteful,  in  pi'oportion,  to 
kill  a  few  of  them.     Why  slKuild  any  be  killed? 

I  do  not  believe  any  i)artial  measure  of  protection  will  stop  the  deple- 
tion of  the  rookeries.  If  vessels  may  be  fitted  out  with  the  parapher- 
nalia for  seal  hunting,  and  skins  brought  into  port  and  sold  with  im- 
punity, the  hunters  will  manage  by  hook  or  crook  to  evade  any  restric- 
tion. 

Unless  proper  measures  are  taken  to  restrict  the  indiscriminate  cap- 
ture of  the  fur-seal  in  the  North  Pacilic  he  is  of  />j,i 
the  opinion  that  the  extermination  of  this  species  gj^t^].  /yj  j  /,  li:"^  ^^ 
will  take  place  in  a  few  years  as  it  has  already            '      " 
done  in  the  case  of  other  species  of  the  same  group  in  other  parts  of  the 
worhl. 

It  seems  to  him  that  the  proper  way  of  i>roceeding  would  be  to  stop 
the  killing  of  females  ami  young  of  tin;  fur-seal  altogether,  or  as  far  as 
possible,  and  to  restrict  the  killing  of  the  males  to  a  certain  number 
in  each  year. 

The  only  way  he  can  imagine  by  which  tliese  rules  could  be  carried 
out  is  by  killing  the  seals  only  on  the  islands  at  the  breeding  time  (at 
Avhich  time  it  appears  that  the  young  males  keep  ai)art  from  the  females 
and  old  males),  and  by  preventing  altogether,  as  far  as  possible,  the 
destruction  of  the  fur-seal  at  all  other  times  and  in  other  places. 

The  seal  herd  which  frequents  St.  Paul  and  St.  George  can  be  only 
I>reserved,  in  my  ()i)inion,  by  preventing  all  kill- 
ing of  seals  except  <»n  the  islands,  when;  Judicious     b.  F.  Scribner,  p.  90. 
reguhitions  can  be  enforced,  as  to  the  number,  sex, 
age,  and  conditions  of  the  seals  can  be  taken;  otherwise  extermination 
will  result  iu  a  very  short  time.     If  the  seal  herd  is  protected,  and  the 
regulations  now  in  force  are  maintained,  a  hundred  thousand  seals  can 
be  taken  annually  from  these  islands  for  an  indefinite  time,  provided 
the  seal  life  is  allowed  to  regain  its  normal  condition  from  the  drain 
lately  made  upon  it  by  the  indiscriminate  slaughter  occasioned  by  open- 
sea  sealing. 

I  consider  it  necessary  for  the  preservation  of  the  seal  herd  which 
resorts  to  the  Pribilof  Islands,  and  for  the  preven- 
tion of  their   early  extermination,  that  pelagic     L.  G.  Shcpard,  p.  IS9. 
sealing  should  cease  in  all  waters  which  they  fre- 
quent. 

I  think  that  all  ]>elagic  seal  hunting  should  be  stopped  so  the  seal 
can  be(;ome  plentiful  again,  foi-  now  the  seal  are 
so  scarce  that  the  Indians  can  catch  but  very  few,      Aaron  Simson,  p.  290. 
where  in  olden  times  they  caught  plenty. 


If  the  schooners  are  not  stopped  ftom  hunting 
seal  they  will  soon  all  be  gone. 


Thomas  Skowl,  p.  300. 


516 


ALASKAN   HERD. 


I  am  asked  if  a  zone  of  prohibition  about  the  islands,  a  territorial 
limitation,  or  a  close  season  for  pelagic  sealing, 
X«on  Sl0t$,  p.  93.  one  or  all  of  these  restrictions  will  not,  in  my 

opinion,  prove  a  sufficient  restraint  upon  marine 
hunters  to  allow  the  rookeries  to  grow  again.  I  answer  emphatically 
no.  I  do  not  believe  they  will  suffice,  and  my  answer  is  without  per- 
sonal bias,  for  I  am  not  now  engaged  in  the  sealskin  trade  and  have 
no  interest  in  the  industry  other  than  that  of  the  average  American 
citizen.  The  scarcity  of  seals  and  consequent  high  price  of  skins  stim- 
ulates the  ingenuity  of  every  man  in  the  business  either  to  evade  re- 
striction or  to  invent  more  certain  methods  for  capturing  the  animals. 
The  rookeries  are  doomed  to  certain  destruction  unless  brought  within 
the  sole  manajjement  of  those  on  the  islands,  whose  interest  it  is  to 
to  care  for  them.  Marine  sealihg  should  be  absolutely  prohibited  and 
the  prohibition  enforced; 


It  is  my  belief  that  for  the  permanent  preservation  of  fur-seal  life, 
all  pelagic  hunting  should  be  prohibited  abso- 
lutely. 


i/no.  W.  Smith,  p.  233. 


It  is,  therefore,  in  my  opinion,  necessary  that  the  seals  should  be 

protected,  and  all  killing  in  the  water  prohibited 

W.  B.  Taylor,  p.  177.      in  all  waters  which  the  seal  herd  frequents,  and 

especially  in  Bering  Sea  and  while  the  herd  are 

en  route  to  and  from  the  islands  through  the  Aleutian  passes. 


In  my  opinion,  pelagic  hunting  should  be  stopped  altogether  in  order 
to  give  the  seal  proper  protection.    I  liave  resided 
loiman,  p.  223.     |^  Wraugel  the  last  year  and  a  half. 


J.  c. 


Both  in  order  to 
M.  Treaduiell,  p, 


Geo. 

523. 


maintain  the  herd  and  to  restore  the  seal  skin  in- 
dustry to  a  sure  footing,  I  should  like  to  see  all 
taking  of  seals  in  the  water  prohibited. 


I  am  of  the  opinion  that  all  killing  of  seals  in  the  water  should  be 
prevented,  both  in  Bering  Sea  and  the  North  Pa- 
Geo.  Wardman,  p.  179.   ciflc,  because  the  seals  thus  killed  are  slaughtered 
without  discrimination  as  to  age  or  sex.    In  case 
such  killing  be  prevented  in  the  water,  such  regulations  can  be  en- 
forced upon  the  islands  that  the  Pribilof  seal  herd  will  yield  a  supply 
of  skins  for  an  indeflnite  period  without  reducing  the  size  of  the  herd. 
If,  however,  the  killing  of  seals  in  the  water  is  not  pievented,  all  cal- 
culations lookmg  toward  the  preservation  of  them  on  the  islands  by 
the  Government  and  the  lessees  will  be  of  no  avail,  and  the  Alaska  seal 
will  be  exterminated. 


And  deponent  is  of  the  opinion  that  if  no  restriction  be  imposed 

ui)on  such  indiscriminate  killing  as  has  been  go- 

€.  A.  Williamt,  p.  538.  ing  on  in  Bei'ing  Sea  and  the  North  Pacific  since 

the  year  1885  by  the  poachers,  the  sealing  indus- 
tries of  the  North  Pacific  will  follow  the  course  of  those  industries 
that  formerly  existed  in  the  southern  seas;  and  that  there  is  only  a 
measurable  time,  say  at  the  outside  five  years,  when,  if  the  present 
condition  of  things  continues,  the  seals  of  Bering  Sea  will  be  as  ex- 
tinct as  the  seals  of  south  sea  islands. 
Depoueut  rays  that  the  moat  complete  protection  to  the  herds  would 


a  territorial 
agic  sealing, 
I  not,  in  my 
upon  marine 
emphatically 
without  per- 
le  and  have 
ge  American 
>f  skins  8tim- 
to  evade  re- 
the  animals, 
jught  within 
rest  it  is  to 
)hibited  and 


fur-seal  life, 
ibited  abso- 


s  should  be 
r  prohibited 
Miuents,  and 
he  herd  are 

ses. 

ther  in  order 
liave  resided 


seal  skin  in- 
£0  to  see  all 
d. 

r  should  be 
e  North  Ta- 
slaughtered 
ix.  In  case 
can  be  en- 
Id  a  supi)ly 
)f  the  herd, 
ted,  all  cal- 
i  islands  by 
Alaska  seal 


be  imposed 
as  been  go- 
acilic  since 
ling  Indus- 
industries 
re  is  only  a 
he  present 
be  as  ex- 

erds  would 


A  CLOSE   SEASON. 


517 


be  the  absolute  prohibition  of  open-sea  hunting;  but  that  it  maybe 
sufficient  protection  for  the  herds  in  the  North  racific  if  a  close  season 
(!an  be  arranged  for  all  the  seal  north  of  the  fiftieth  parallel,  north 
latitBide,  and  west  of  the  one  hundred  and  fiftieth  degree  of  west  lon- 
gitude from  the  1st  day  of  May  to  the  1st  day  of  November.  Depon- 
ent regards  it  as  important  that  the  sea)  herd  should  be  protected  as 
above  indicated  in  the  North  Pacific,  as  otherwise  they  will  be  exter- 
minated, even  if  sealing  be  prohibited  in  the  Bering  Sea. 


I  think  the  schooners  should  be  stopped  from  hunting  seal,  and  then 
they  would  become  plenty  again,  and  the  Indians 
could  kill  them  again  as  they  used  to. 

A  CLOSE  SEASON. 


Paul  Toung,  p.  292. 


Page  253  of  The  Cm«. 

I  think  seal  ought  to  be  protected  in  the  North  Pacific  and  Bering 
Sea  from  April  1  to  September  1,  in  order  to  give 
them  a  chance  to  raise  their  young.  ^"'^  Ande,»on,  p,  313. 

I  do  not  think  it  is  right  to  kill  the  mother  seals  before  they  have 
given  birth  to  their  young,  as  it  is  a  fact  that 
when  we  kill  the  mother  seal  we  also  kill  her  pup.     H.  Andvkiua,  p.  3i4. 
They  should  not  be  hunted  for  six  weeks  after 
giving  birth  to  their  young. 

Q.  In  your  opinion,  is  it  absolutely  necessary  to  protect  the  cows  in 
the  Bering  Sea  to  prevent  the  herd  from  being 
exterminated  ?   If  so,  for  what  months  in  the  year  !     Oeo.  Ball,  p.  483. 
— A.  It  is  ray  opinion  that  it  is  absolutely  neces- 
sary to  protect  the  cows  in  Bering  Sea  during  the  entire  year  for  a 
period  of  years. 

I  don't  think  it  is  right  to  kill  the  mother  seal  before  they  give  birth 
to  their  young,  for  it  is  a  fact  that  when  you  kill  Bernhardt  Bieidner,  p. 
the  mother  you  also  kiU  her  pup.  315. 

Pelagic  sealing  should  be  prohibited  after  April  1  of  each  year  until 
such  time  as  the  young  pups  are  able  to  subsist 
without  nourishment  from  their  mothers.  ^^^  ^^'^^>  P-  ^l^. 

If  no  seals  were  killed  between  the  1st  day  of  April  and  the  1st  day 
of  September  they  would  increase;  but  it  would 
take  international  agreement  to  make  killing  of  ggg""*""""    ^'■<""'«"'  P' 
seals  an  offense  during  this  season. 


And  in  order  to  prevent  the  extermination  of  seals  the  hunting  of 
them  should  be  prohibited  urtil  after  the  mother 
seals  give  birth  to  their  young.    Sealers  should 
be  notified  of  a  closed  season  before  they  go  to 
the  expense  of  fitting  out. 


Thos.  Brown  (No.  1), 
319. 


Q.  What  months  of  the  year  do  you  think  they  should  be  protected  T — 
A.  From  the  1st  of  July  to  the  last  of  October  I     „    ,  ^, 
think  they  should  be  prbtected.  -^••*-  ^'*»'"""'  *•  ^^' 


518 


ALASKAN   HERD. 


If  the  present  prnctioo  of  seal-huntiii}?  he  contimied,  it  will  be  a 

matter  of  a  sljort  time  when  the  seal  herd  will  be 

LouiB  Culler,  p.  321.       commercially  destroyed.    I  think  there  should  be 

what  is  called  a  close  season  in  seal  hunting  on 

the  water,  to  extend  from  the  1st  of  April  until  such  time  after  the  cows 

have  given  birth  to  their  young  and  have  reared  them  to  an  age  at 

which  they  can  live  without  sustenance  from  their  mother. 


I  think  a  closed  season  should  be  establisljed  for  breeding  seal  from 
January  Ist  to  August  15th  in  the  North  Pacific 
Ocean  and  Bering  Sea. 


Geo.  Dishow,  p.  323. 


And  all  seal-hunting  in  the  waters  should  be  stopped  for  a  few 

,  ,    „     ,      ^,         years  to  give  the  seal  a  chance  to  become  plenty 
i:tt*;ef»a«A-,  i>.294.  attain  i  ^ 


Q.  For  what  months  in  the  year  is  it  necessary  to  protect  the  cows 
Luther  T.  Fraukiin  p.  ^"  *''^  I'cring  Sea? — A.  From  the  fust  of  May  to 

426.  '  '     •    ^.-  1  —u  -x-    *- -X 


the  last  of  August. 


128. 


Q.  In  your  opinion  is  it  absolutely  necessary  to  protect  the  cows  in 
Bering  Sea  to  prevent  the  herd  from  being  ex- 

/C,hvard  W.  Funeke,  p.  terminated  ?  If  so,  for  what  months  in  the  year  ?— 
A.  Yes,  sir;  I  think  it  necessary  from  the  1st 
of  July  until  the  middle  of  September. 


ti 


Chad  George,  p.  36G.  I  think  that  all  pelagic  sealing  shouhl  be  stopped 
for  five  or  six  years,  and  the  seal  would  become 
plenty  again. 


Arthur  Griffin,  p.  326.  Seals  ought  not  to  be  killed  in  the  water  during 
the  months  of  April,  May,  June,  July,  and  August. 

* 

I  think  a  closed  season  should  be  established  between  May  Ist  and 

September  loth  in  North  Pacific  Ocean  and  Be 
Martin  Hannon,  p.  44u.  j.j„„.    ^^,.^^    ^^^■^^.^^  ^^^^j^^   g^^^  ^^^^^   ^  chance  to 

increase. 

Q.  Now,  then,  if  the  cow  seals  are  to  be  protected  in  the  Bering 
Sea,  what  month,  do  you  consider  it  would  be  neces- 

n.  riarmscn,  p.  413.  g.^^.^,  (..o  prohibit  any  being  taken?— A.  Say  from 
the  middle  of  June  until  theen«l  of  the  year;  some- 
thing like  that,  the  first  of  December. 


f')U 


I  think  that  for  the  [)roper  preservation  of  the  seals  all  pelagic  hunt- 
ing should  be  ])rohibited  until  the  mother  seals 
Jaa.  Harrison,  p.  327.        ^^.^y^,  ^^^^^^  |,^j,(.ij  j-y  ^heir  young. 

Q.  In  your  opinion,  is  it  absolutely  necessary  to  protect  the  cows  in 

the  Beiing  Sea  to  prevent  the  herd  from  being 

fFm.  Tlensen,  p.  484.      exterminated;  if  so,  for  what  months  in  the  year? — 

A.  I  think  it  necessary  to  protect  the  cows  in  the 

Bering  Sea  from  the  first  of  July  to  the  last  of  November,  in  order  ,j 

protect  them  irom  being  exterminated. 


it  will  be  a 
hoj'd  will  be 
re  Khould  be 
I  hunting  on 
fter  the  cows 
to  an  age  at 


ng  seal  from 
forth  Pacific 


il  for  a  few 
^come  plenty 

ect  the  cows 
it  of  May  to 


the  cows  in 
m  beinj?  ex- 
itlicyear? — 
roni  the  1st 

iV. 

(1  be  stopped 
mid  become 


ater  during 
lud  August. 

^ay  Ist  and 
an  and  Be 
chance  to 


the  Bering 
lid  be  neces- 
L.  Say  from 
year;  some- 


slagic  hunt- 
lother  seals 


;he  cows  in 
from  being 
the  year  ? — 
cows  in  the 
in  order  ,o 


A    CLOSE    SEASON. 


519 


Q.  In  your  opinion,  is  it  absolutely  necessary  to  protect  the  liows  in 
Bering  Sea  to  prevent  the  herd  from  being  ex- 
terminated?   If  so,forw^hatraonthsiK  theyear? —     Andrew  J.  Uoffmun,  p. 
A.  Yes,  sir;  from  the  Ist  of  June  until  the  Ist  of  *^^" 
August,  in  order  to  protect  the  herd. 

I  think  that  all  pelagic  seal  hunting  should  be  stopped  for  a  number 
of  years,  and  give  the  seal  a  chance  to  increase, 
and  if  tliis  is  not  done  they  will  soon  become  ex-      ^^.  Holm,  p.  3()8. 
terminated. 

Q.  If  the  cow  seals  are  to  be  protected  in  the  Bering  Sea,  what 
month  do  you  consider  it  would  be  necessary  to 
prohibit  any  being  taken  ? — A.  I  shouhl  consider      Guaiave  luaacvon,   p. 
it  necessary  to  protect  them  all  the  time  they  are  ^'*^' 
in  the  Bering  Sea. 

In  order  to  prevent  the  entire  extermination  of  the  fur-seal,  I  think 
all  pelagic  sealing  in  the  Pacific  Ocean  on  the 
coast  of  the  United  States,  British  Columbia,  and      Victor  Javkobaon,    p. 
Alaska,  should  be  stopped;  also  in  Bering  Sea  •'^-*^- 
until  the  females  have  brought  forth  their  young,  about  the  15fh  of 
July,  after  which  all  vessels  should  be  allowed  to  enter  Bering  Sea 
and  take  seals  without  restraint  any  place  outside  of  the  legal  juris- 
dicti<m  of  the  United  States. 

Q.  If  the  cow  seals  are  to  be  i)rotected  in  the  Bering  Sea  what  month 
do  you  consider  it  would  be  necessary  to  ]>rohibit 
any   being  taken? — A.    From   the  beginning  of     Frank  Johusoit,  p.  Uh 
July  to  the  end  of  the  year. 

There  is  no  w.ay,  in  my  judgment,  of  preventing  the  seals  from  being 
totally  exterminated,  except  by  eft'ectually  pro- 
hibiting the  hunting  of  them,  both  in  the  ocean     J(m.  Kieman,  p.  ir>i. 
and  Bering  Sea  during  their  breeding  season,  say 
from  February  until  October,  on  the  principle  of  the  gaming  laws  on 
the  land. 

I  can  not  say  as  to  seals  appearing  off  the  coast  in  less  numbers  eac^h 
year,  but  I  think  some  arrangement  should  be 
made    for  their    protection    by  a  close  season      Andrew  Lainy,  p.  335. 
during  the  time  they  are  carrying  and  nursiug 
their  young. 

In  order  to  prevent  the  extermination  of  the  fur-seal  species  I  am  of 
the  opinion  that  a  close  season  in  the  North  Pacific 
Ocean  and  in  Bering  Sea  should  be  established      e.  N.  Lawson,  p.  221. 
and  enforced  from  April  1  to  November  1  of  each 
year. 

• 

I  think  that  a  close  season  between  the  months  of  February  and 
November    in    the    North    Pacific    Ocean    and 
Bering  Sea  slumld  be  established  in  (U'der  to  pre-      /.  m.  Lcnard,p.2n. 
vent  the  exterminatiuu  of  the  fur-seal  species. 


520 


ALASKAN  HEBO. 


If.". 

-,5 


Deponent  is  ftirthor  of  the  opinion  that  it  would  be  necessary,  in  or- 
der to  ftilly  protect  the  herds,  to  proliibit,  at 

Herman  Liebea,  p.  514.  least  for  a  time,  the  killing  of  all  female  seals 
anywhere. 

Q.  In  your  opinion,  is  it  absolutely  necessary  to  protect  the  cows  in 

the  Bering  Sea,  to  prevent  the  herd  from  being 

Cha8.  Lutjena,  p.  ^9.    exterminated! — A.    It  is  absolutely  necessary. 

Q.  What  months  in  the  year  do  you  think  they 
should  be  prote(;tedY — A.  The  months  when  they  are  in  the  Bering  Sea, 
from  July  5  to  November  1, 

I  think  all  pelagic  sealing  should  be  stopped  for  a  few  years  in  order 
to  give  the  seals  a  rest,  for  they  are  now  ban  ted 

Geo.  McAlpine,  p.  266.  eight  months  in  a  year,  and  if  we  expect  them  to 
increase  again  we  must  stop  hunting  them  in 
Bering  Sea  and  the  North  Pacilic  Ocean. 

Q.  If  the  cow  seals  are  to  be  protected  in  the  Bering  Sea,  what  month 
do  you  think  it  would  be  necessary  to  prohibit 

Alex.  McLean,  p.  i38.  any  being  taken  t  Would  you  prohibit  them 
being  taken  at  anytime  or  all  times? — A.  I  think 
if  they  are  prohibited  at  all  they  should  prohibit  them  for  about  two 
months,  principally  July  and  August. 

Q.  How  about  September? — A.  They  are  through  breeding  then,  and 
the  pups  are  ashore.  There  are  only  two  months  that  they  can  interfere 
witli  them  there  for  breeding  purposes  that  I  know  of.  The  seasons 
get  later  every  year.  There  are  breeding  dates,  etc.  Ten  years  ago 
they  never  used  to  be  any  later  than  August  breeding  there.  Now  tliey 
are  getting  later  than  that,  and  are  getting  on  to  September,  because 
the  world  is  changing,  the  climate  is — the  seals  change  according  to 
the  climate. 

Q.  If  the  cow  seals  are  to  be  protected  in  the  Bering  Sea  what  months 

do  you  consider  it  would  be  necessary  to  prohibit 

Danl.  McLean,  p.  444.  any  being  taken  ? — A.  From  the  15th  of  June  until 

the  season  finishes;  that  would  be  the  first  snow. 

The  pups  do  not  leave  the  islands  on  the  first  snow,  but  when  the  second 

snow  comes  they  leave  the  islands.    They  ought  to  be  protected  uutil 

the  second  snow ;  that  is,  in  November. 


Q.  E.  Miner,  p.  467. 


I  think  if  all  sealing  was  prohibited  from  Jan- 
uary 1  to  August  15,  in  the  North  Pacific  Ocean 
and  Bering  Sea,  it  would  give  sufficient  protection  to  the  seal. 


That  deponent  is  not  in  a  position,  by  reason  of  possessing  expert 
knowledge  or  personal  acquaintance  of  killing 
Henry  Poland,  p.  571.  seals,  to  pronounce  a  positive  opinion  as  to  what 
steps  are  necessary,  if  any,  to  accomplish  this  re- 
sult, but  he  would  suppose  it  reasonable  to  say  that  a  close  time,  which 
should  be  universal  in  its  application,  for  a  specified  period  in  each 
year,  during  which  «-he  killing  of  seals  should  be  entirely  prohibited; 
and  the  imposition  of  heavy  penalties,  say  a  fine  of  £1,000,  for  any 
violation  of  the  regulations  providing  for  such  close  time,  would  be 
effective  to  preserve  the  herds  referred  to;  and  deponent  would,  under 
any  circumstances,  increase  the  zone  around  the  islands  containing  the 
rookeries,  within  which  sealing  should  be  absolutely  prohibited,  to  a 
distance  of  60  miles  in  every  direction  from  the  shore. 


A   CLOSE   SEASON. 


521 


ary,  in  or- 
>rol»iblt,  at 
imale  seals 


he  cows  in 
Tom  beiDg 
necessary, 
think  they 
3ering  Sea, 

fcFS  in  order 
ow  h  anted 
5ct  them  to 
g  them  in 

^hat  month 
to  prohibit 
libit  them 
A.  I  think 
about  two 

?  then, and 
in  interfere 
he  seasons 
I  years  ago 
Now  they 
sr,  because 
icording  to 


at  months 
»  proliibit 
June  until 
first  snow, 
tlie  second 
cted  until 


from  Jan- 
■^iflc  Ocean 

u. 

ng  expert 
of  kilhng 

to  what 
ill  this  re- 
nie,  wliich 

in  each 
rohibited; 

for  any 
would  be 
lid,  under 
lining  the 
ited,  to  a 


Q.  What  months  in  the  year  do  you  think  they 
onght  to  be  protected! — A.  Well,  from  about  the 
middle  of  June  to  the  1st  of  October. 

Pelagic  sealing  in  the  North  Pacific  Ocean 
shouUl  not  be  permitted  for  at  least  six  weeks 
after  the  females  have  given  birth  to  their  young. 


FVank  Morreau,  p.  468. 


John  Morria,  p.  341. 


It  is  very  important  that  if  the  fur-seal  is  to  be  preserved  it  must  be 
protected  from  indiscriminate   slaughter  in  the 
open  sea,  or  it  will  soon  be  exhausted.    I  would     Morris  Mo»»,  p.  342. 
snggest  that  either  schooners  sliouhl  not  be  al- 
lowed to  approach  within  a  radius  of  50  miles  of  the  breeding  grounds, 
or  else  they  siiould  not  be  allowed  to  enter  the  sea  until  the  female  has 
had  proper  time  to  give  birth  to  her  young,  and  to  give  it  nurse  until 
such  time  as  the  young  seal  is  able  to  exist  without  it,  say  the  1st  day 
of  August.    This  is  the  general  opinion  of  prominent  owners  of  schoon- 
ers who  have  given  an  unprejudiced  opinion  upon  that  subject. 

I  think  that  all  sealing  should  be  stopped  for  a  number  of  years,  so 
that  the  seal  can  become  i)lenty  again,  for  the 
white  man  has  almost  exterminated  the  seal.  Xaahtou,  p.  298. 

They  ought  to  be  prohibited  from  killing  seals  in  the  water  for  a  few 
years  at  least,  or  there  will  not  be  enough  left  to 
make  them  worth  hunting.  '*^'  ^'"■^■<"''  P-  ^^' 

The  practice  of  taking  seals  in  the  water  before  they  have  given  birth 
to  their  young  is  destructive  to  seal  life,  wasteful, 
and  should  be  prohibited.  ^'^««-  ^'«'«-«««.  P-  346 

From  my  knowledge  and  from  conversation  with  other  sealers,  I  be- 
lieve that  for  the  proper  pieservation  of  seal  life, 
sealing  should  be  absolutely  prohibited  every  two      w.  Roberta,  p.  242. 
or  three  years. 

I  think  pelagic  sealing  in  the  sea  should  be  prohibited  until  such  a 
time  as  the  pup  may  have  grown  to  the  age  at 
which  it  may  be  able  to  live  without  nurse  from      Wm.  Short,  p.  348. 
iiio  '^1  other. 

Q.  In  your  opinion  is  it  absolutely  necessary  to  protect  the  cows  in 
the  Bering  Sea  to  prevent  the  herd  from  being 
exterminated?    If  so,  for  what  months  in  the  451.    '""  *'""^'^^''"'  ^• 
year? — A.  It  is  absolutely  necessary  to  protect  the 
cows,  in  order  to  prevent  seals  being  exterminated,  from  the  1st  of  July 
up  to  the  Ist  of  November. 

I  do  not  consider  it  right  to  kill  the  mother  seal  before  she  has  given 
birth  to  her  young  pup;   I  do  not  think  they 
should  be  killed  until  six  weeks  after  giving  birth     John  A.  Swain,  p.  351. 
to  caeir  young. 


I  think  that  all  pelagic  hunting  should  be  stop- 
ped for  a  few  years  to  give  the  seal  a  chance  to 
increase. 


W.  ThomaB,p.iB5. 


k  ;i! 


0  >■  : 


522 


AliASKAN   HERD. 


I  think  sealing  should  be  prohibited  for  four  or  Ave  years  in  order  to 
P.  s.  JVeiitenhiller,  p.  ^ive  tliem  a  chaiice  to  multiply  and  become  as 


274. 


plentiful  as  they  formerly  were. 


I  think  there  should  be  a  closed  season  established  some  part  of  tin- 
year,  no  they  could  have  a  rest,  as  the  constant 

Alf  Yohansen,  p.  369.  hunting  of  tliem  ill  the  open  waters  is  soon  going 
to  dentroy  them. 

Walter  Young,  p.  S03.  Unless  all  sealing  is  stopped  for  a  number  of 
years  the  seal,  like  the  sea-otter,  will  soon  become 
extinct. 

PROHIBITION  OF  USE   OF  FIREARMS. 
Page  256  of  The  Case. 


Peter  Broym,  p.  378. 
Circus-Jim,  p.  387. 
Christ  Clausen,  p.  320. 

Alfred  Irving,  p.  387. 
Sehoish  Johnson,  p. 'i89. 
Moses,  p.  310. 


I  think  they  will  all  be  killed  off  if  they  keep 
hunting  them  with  guns. 

If  so  much  shooting  at  seals  is  not  stopped  they 
will  soon  be  all  gone. 

It  is  my  opinion  that  spears  should  be  used  in 
hunting  seals,  and  if  they  are  to  be  kept  from  ex- 
termination the  shotgun  should  be  discarded. 

If  they  keep  on  killing  them  with  the  guns  there 
will  be  none  left  in  a  little  while. 

If  hunted  with  guns  they  will  all  soon  be  de- 
stroyed. 

And  I  think  after  awhile  they  will  all  soon  be 
destroyed  if  they  keep  on  hunting  them  with 
guns. 


PROHIBITION   OF  PELAGIC   SEALING  IN  BERING  SEA. 
Page  256  of  The  Case. 

In  my  opinion  open-sea  sealing  is  very  destructive,  and  unless  pro- 
hibited will  result  in  the  extermination  of  the 
C.  A,  Abheji,  p.  187.       speoies  at  no  very  distant  day.     I  also  believe 
that  it  would  be  utterly  useless  to  protect  the 
rookeries  on  the  seal  islands  and  not  protect  the  seal  herd  while  in  Be- 
ring Sea. 

Q.  Do  you  think  of  anything  else  that  is  of  value  in  regard  to  this 

seal  question  that  I  have  not  asked  you,  and  if 

Geo.  Ball,  p.  483.  anything  you  would  like  to  say,  you  can  give  your 

opinion  about  it? — A.  Well,  I  think  it  is  proper 

for  the  interest  of  sealing  in  those  waters  that  the  Government  should 

take  immediate  action  in  the  protection  of  seals  in  the  Bering  Sea. 


Wm.  Bendt,  p.  404. 


If  they  do  not  protect  them  in  the  Bering  Sea 
it  will  be  but  a  few  years  before  th^y  will  be  ex- 
terminated. 


f,>:i'.A 


f 


PROHIBITION    OF    PELAGIC    SEALING    LV    BERING    SEA. 


523 


8  in  order  to 
I  becoiao  its 


B  part  of  t lie 
the  coustiuit 
s  soon  goiii^ 


I,  number  of 
soon  become 


if  they  keep 

itopped  they 

d  be  itsed  in 
ept  from  ex- 
iscarded. 

le  guns  there 
soon  be  de- 


1  all  soon  be 
them  with 


SEA. 


unless  pro- 
jtion  of  the 
also  believe 
protect  the 
while  in  Be- 


gard  to  this 
you,  and  if 
m  give  your 
it  is  proper 
iient  should 
ng  Sea. 

Bering  Sea 
y  will  be  ex- 


From  my  knowledge  of  the  business  I  am  certain  that  the  fur  seal 
will  soon  be  exterminated  if  it  is  not  i)rotectcd  in 
the  Bering  Sea.    We  might  kill  some  in  the  l*aci-      ff'm.  Bendt,p,  405. 
tic  Ocean,  if  there  did  not  too  many  vessels  goout 
to  hunt  them. 


If  pelagic  sealing  is  stopped  in  Boring  Sea  for  a  number  of  years  seal 
W(mhl  become  plentiful  again;  if  not  stopped  they 
will  soon  be  exterminated. 


Martin   llcnaon,  )>.  4()6. 


Q.  In  your  opinion  is  it  absolutely  necessary  to  protect  the  cows  in 
Bering  Sea  to  ]>revent  the  lu>rd  from  being  exier- 
minated  I — A.  It  is  absolutely  necessary  in  my     Danl.  Clauaaen,  p.  412. 
opinion. 

Q.  Do  you  think  it  would  be  better  that  tlie  Bering  Sea  should  be 
entirely  closed f — A.  I  think  it  would  be  better. 


Q.  In  your  opinion,  is  it  absolutely  necessary  to 


protect  the  cows  in  the  Bering  Sea  to  i)rev«Mit  ^gg 
the  herd  from  beingexterminated? — A.  Certaiidy. 


Luther  T.  Franklin,  p. 


I  am  of  the  opinion  that  in  order  to  save  the  seal  from  extermina- 
tion all  pelagic  hunting  in  Bering  Sea  sliould  be 
prohibited. 


Thoa.  Frazer,  p.  3G5. 


Q.  Do  you  think  it  is  necessary  to  protect  the  seal  in  the  Bering 
Sea? — A.  Certainly  I  do. 

Q.  In  the  North  Pacific?— A.  In  the  North  Pa-  ^gg^'"*"-  "•  ^<''Jman,  p. 
cific  I  will  not  say;  but  in  the  Bering  Sea  I  think 
it  is  absolutely  necessary. 

Q.  Do  you  think  it  is  absolutely  necessary  to  protect  the  cows  in  the 
Bering  Sea? — A.  You  ought  to  i)rotect  them,  cer- 
tainly; in  order  to  keep   the  thing  going  they      H.  Harmsen,  p.  \\5. 
ought  to  be  protected. 

Q.  Is  it  necessary  to  protect  the  cows  in  the  Pacific? — A.  They  kill 
the  biggest  half  in  the  Pacific,  so  that  they  ought  to  be  protected  there. 

I  think  that  the  only  way  the  seal  can  ever  be- 
come plenty  again  is  to  stoj)  all  pelagic  sealing  in      e.  Hofstad,  p.  260. 
Bering  Sea. 

Q.  Do  you  think  it  absolutely  necessary  to  protect  the  cows  in  the 
Bering  Sea? — A.  Yes,  sir. 

Q.  What  do  you  think  about  protecting  them      Frank  Johnson,  p.  441. 
in  the  North  Pacific,  providing  you  wanted  to  in- 
crease the  seals  and  save  them  from  extermination? — I  don't  know 
what  to  say  about  that.    The  North  Pacific  is  pretty  big. 

I  think  if  sealing  in  Bering  Sea  was  stopped 
and   the   indis(!riminate   killing   of    cows    was      PhUip  Kaahevaroff,  p, 
stopped,  seal  would  become  plentiful  along  the  262. 
coast. 


524 


ALASKAN  HERD. 


Q.  Is  it  yonr  opinion,  if  sealing;  continues  unrestricted,  that  they 

will  soon  be  extern!  in  sited! — A.  Yes,  sir;  they  will 

Chat.  Lutjentfp.  459.     get  less  and  less,  and  will  soon  be  exterminated 

&  all  sealing  is  not  stopped  in  the  Bering  tSea  and 

on  the  islands. 

I  think  that  all  pelagic  seal-hunting  in  Bering   Sea  should  be 
stopped,  or  the  seal  will  soon  become  extermi- 

Jdt.  McKten,  p.  267.       uatcd. 


m 

,  1 .  -,f 


Q.  Do  you  think  it  is  absolutely  necessary  to  protect  the  cows  in  the 
Bering  Sea  to  keep  tliem  from  being  exterminated? — A.  I  do. 

Alex.  MoUan,p.\2».      ^,%^V^  ."/^«"  ^T^^^""?.  ^  P^^^f.^^  ^jl®"?  *"  *^5 
North  Pacific  T — A.  That  is  a  question  that  should 

be  international. 

Q.  What  I  want  to  get  at  is,  is  it  your  idea  that  in  order  to  protect 
and  keep  up  this  supply  of  young  seals  that  it  is  necessary  not  only  to 
protect  them  in  the  Bering  Sea  but  to  protect  the  cows  as  they  are  in 
the  North  Pacific,  neariiig  the  ground,  or  as  they  are  coming  outf — A. 
Yes,  sir;  in  tlie  way  it  is  here,  the  Pa<!ific  Ocean  is  a  large  ocean.  Tlie 
seals  are  spread  all  over,  and  it  would  be  impossible  to  go  to  work  and 
exterminate  them  from  these  waters  to  decrease  them  as  long  as  tliey 
keep  them  out  of  the  Bering  Sea.  That  is  where  the  body  of  tlie  seals 
get  into.  For  40  miles  within  the  passage  they  can  not  handle  the  seals 
at  all,  because  you  don't  see  them.  They  are  traveling  too  much.  You 
may  see  a  herd  once  in  a  while,  but  very  rarely. 

Q.  Whereabouts  in  the  North  Paxiiflc  do  you  find  them  the  most 
numerous? — A.  You  can  start  from  Sfin  Francisco,  and  you  carry  tlit-m 
all  the  way  up  from  the  time  you  leave  here  until  you  get  up  to  those 
passes;  all  the  way  up  150  miles  to  30  miles  in  the  shore.  In  some 
places  you  come  in  closer  than  that,  according  to  the  point  of  land  that 
you  come  into. 


Q.  In  your  view  of  the  case  they  should  be  protected  in  the  Bering 
^,      ,,  _  ^„„      Sea  all  the  season! — A.  Yes,  sir;  I  think  it  would 

Alex.  McLean,p.iZ9.  ^^  advisable  to  protect  them  in  the  Bering  Sea 
altogether. 

Q.  You  are  an  old  sealer;  perhaps  you  know  some  things  that  I  dop't. 
If  there  is  anything  you  think  of  that  is  interesting  I  should  like  to 
know  it. — A.  No,  sir;  I  should  like  to  give  my  opinion  as  far  as  it  is 
right,  and  beyond  that  I  would  not  do  it.  .1  am  interested  in  sealing, 
and  want  to  i)rotect  the  seals.  I  wish  to  say  that  I  would  like  to  see 
the  seal  islands  protected  from  raids,  and  also  the  Bering  Sea. 

Daniel  McLean,  p.  444.  Q,  Do  you  think  it  is  absolutely  necessary  to 
protect  the  cows  in  the  Bering  Sea! — A.  Yes,  sir. 

Q.  It  is  also  necessary  to  protect  them  in  the  Pacific! — A.  The  Pa- 
cific is  a  large  ocean,  and  they  do  not  go  in  large  bands.  They  go 
singly  and  in  pairs,  so  that  there  is  not  a  chance  to  kill  so  many  of 
them  in  the  ocean.  In  the  Bering  Sea  tliey  are  in  bands,  and  they  go 
onto  the  islands  and  are  concentrated  in  a  small  place.    *    •    * 

Q.  Do  you  know  of  anything  else  that  would  be  interesting  in  regard 
to  the  question! — A.  I  think  the  seals  ought  to  be  protected.  I  think 
the  custom-house  should  not  clear  any  ships  either  in  the  British  Col- 
onies or  the  United  States  for  sealing  in  the  Bering  Sea;  that  is,  if  they 


w 


,  that  they 
r;  they  will 
[terminated 
iug  iSea  aud 


shonld  be 
[le  exteruii- 


cows  in  the 

lo. 

hem  in  the 

that  should 

'  to  protect 
not  only  to 
they  are  in 
ig  out? — A. 
icean.  The 
o  work  and 
ng  as  tiiey 
of  the  seals 
He  the  seals 
uuch.    You 

m  the  most 
carry  them 
up  to  those 
In  some 
>f  land  that 


the  Bering 
nk  it  would 
Bering  Sea 

;hat  I  dop't. 
uld  like  to 
ar  as  it  is 
in  sealing, 
like  to  see 
ea. 

ecessary  to 

1.  Yes,  sir. 

i.  The  Pa- 

They  go 

30  many  of 

ud  they  go 
»    * 

in  regard 
.  (  think 
ritish  Col- 
i  is,  if  they 


PROHIBITION  OF   PELAGIC   BEALINO   WITHIN  A   ZONE.      525 

want  to  protect  them.    I  would  like  to  see  the  islands  protected  from 
raids,  and  the  Bering  Sea  also. 


Q.  Do  you  think  that  the  Bering  Sea  should  be 
entirely  closed  t — A.  Certainly. 

I  think  that  pelagic  seal  hunting  in  Bering  Sea 
should  be  stopped. 


Frank  Moreau,  p.  469. 


Wm.  H.  Smith,  p.  478. 


Q.  In  order  to  preserve  the  seals,  do  you  think  it  absolutely  neces- 
sary to  stop  all  killing  in  the  waters  of  the  Ber- 
ing Seaf — A.  Yes,  sir;  I  think  it  absolutely  nee-      Gu$tav   SMndvall,   p. 
essary,  in  order  to  protect  the  seals,  to  stop  all  ^l- 
killing  of  cows  in  the  Bering  Sea. 

The  preservation  of  the  rookeries  reqnires  the  suppression  of  pelagic 
sealing,  at  least  in  the  Bering  Sea,  and  iu  the  im-      „  ^  t  <>.*. 

«toHiata  vi^.inif V  nf  flia  nooaao  ^'  ■*'•  Tanner,  p.  876. 


mediate  vicinity  of  the  passes. 


I  think  if  pelagic  hunting  was  stopped  in  Bering  Sea  that  seal  would 
become  plentiful  along  the  coast   of  southern      „»,.„.. 
Alaska,  and  we  Indians  could  again  catch  plenty  270    r***«*««J'»«A*««>l'- 
of  them  with  a  spear,  which  is  a  much  better  way 
to  capture  seal  than  by  shooting  them  with  shotguns,  for  none  are  lost 
when  struck  with  a  spear. 

I  think  if  pelagic  hunting  is  not  stopped  in  Ber-      Charlie  Tlaktatan,  p. 
ing  Sea  the  seal  will  soon  become  exterminated.  ^^• 

Think  that  all  pelagic  seal-hunting  should  be  stopped  in  Bering 
Sea  in  order  to  keep  the  seal  from  being  exter-      „     ,     _ 
miuated.  Budolph  Walton,  p.  213. 

Under  Russian  rule  there  were  many  years  of  faulty  management, 
and  at  one  time  much  danger  of  extermination  of 
seal  life  at  these  islands,  but  in  time  the  company    c.  a.  Williams,  p.  545. 
came  to  regard  seal  life  with  so  good  an  eye  to 
preservation  and  perpetuation  that  their  rules  and  regulations  in  re- 
gard to  these  points  are  still  in  force  on  the  islands;  but,  while  they 
permitted  free  navigation  throughout  Bering  Sea,  they  sternly  pro- 
hibited any  interference  with  seal  life  iu  the  waters  thereof,  and  so  the 
United  States  Government  will  be  forced  to  do  if  it  would  preserve  aud 
perpetuate  its  present  splendid  property. 

PBOHIBITION  OF  PELAOIO  SEALING  WITHIN  A  ZONB. 

Page  258  of  The  CaM. 

A  zone  of  30, 40,  or  50  miles  about  the  islands  in  which  sealing  is  pro- 
hibited would  be  of  little  or  no  protection,  as  the 
females,  during  the  breeding  season,  after  their     cha$.  Bryant,  p.  9. 
pups  are  born,  wander  at  intervals  over  Bering 
Sea  in  search  of  food.    But  to  suppose  an  impossibility,  even  if  such  a 
zone  could  protect  seal  life,  it  would  be  impossible,  on  account  of  the 
atmosphere  being  so  constantly  foggy  and  misty,  to  prevent  vessels 
from  crossing  an  imaginary  line  drawn  at  such  a  distance  from  aud 
about  the  Pribilof  Islands. 


526 


ALASKAN    HERD. 


'.y-'. 


y,-i- 


I  am  of  the  opinion  tiiat  tlio  l*rii)ilor  seal  honl  Hlionid  be  protected 
bdtii  in  Iteriii};  8ea  and  tlic  Xortli  Pacific  On'an. 

A.  /'.  /yo»«f,p.39.  If  an  inniHiinary  lino  wnr  drawn  abont  the  islands, 

3U  or  W  miles  distant  tlieici'roni,  within  which 
8Palin;i  wonld  be  prohibited,  tliis  would  ho  little  protection  to  seal  life, 
for  all  the  pitacihers  wlioin  I  interviewed  a«'knowled;,'ed  that  tliey  could 
get  nun'o  seals  in  the  water  near  the  llshiiifj  bankw,  30,  40,  or  more 
mih's  from  the  islands,  than  in  the  immediate  vicinity  tlu'reof,  and  the 
hunters  on  tlie  schooners  always  complained  if  they  got  nnu'li  n«arer 
than  40  miles  of  the  islands.  I  am  certain  that  even  if  scaling  were 
prohibited  entirely  up«)n  the  islands  the  seal  herd  Avonld  in  a  short  time 
be  exterminatecl  by  ])elaj;ic  sealing,  if  i>ennitt«'<l,  becmisethe  lenmles — 
that  is,  the  producers — are  the  seals  principally  killed  by  open-sea  seal- 
ing. 

A  zone  of  .'{0  unles  about  tlie  seal  islands  within  which  seal  hnnting 
would  be  prohibited  would  be  valueless  in  ])reserv- 

H.  11,  Mclnhjre,  p.  46.  infj  seal. life;  tirst,  because  IJering  Sea  during  the 
time  the  seals  are  there  is  almost  constantly  en- 
veh)ped  in  fogs  and  mist,  under  <'over  of  wiii«*h  marauding  vessels  c«add 
run  in  very  near  to  the  islands  without  being  observed,  if  allowed  to 
come  as  near  as  .'JO  miles  thereto;  second,  because  for  over  30  nules  from 
said  islainis  great  quantities  of  seals  are  fouii<'  oming  from  and  going 
to  the  islands  from  the  feeding  grounds;  a  further,  because  seals 
found  in  the  waters  for  00  ti)  100  miles  aboui  said  islands  are  nmch 
bolder  and  easy  of  approach  tl.  .a  in  the  open  sea,  through  the  proximity 
of  their  island  home. 

Tlmrefore,  in  my  judgment  such  a  30- mile  zone  would  be  of  practically 
no  use  as  a  means  of  protec  tion  to  seal  life,  because  of  the  impossibility 
to  enforce  such  a  law,  and  because  of  its  inefticieucy  if  enforced. 

If  it  is  the  fact,  as  has  been  stated,  that  the  herds  have  now  been 

dinunished  since  the  killing  of  female  seals  upon 

Geo.  nice,  p.  5U.  the  sea  began,  as  to  which  deponent  has  no 

knowledge,  he  should  say  that  it  would  at  least 

be  reasonable  to  prohibit  the  killing  of  seals  absolutely  within  the  area 

which  may  be  described  as  the  feeding  grounds  around  the  island. 

Pelagic  sealing  should  be  suppressed  as  far  as  practicable.  A  pro- 
tected zone  around  theislands,  extending  100  miles 

Z.  .  Tanner, p.  375.  from  them  would  not  be  ettective,  eveu  if  the 
limits  were  respected. 

FOGS  IN  BERING  SEA. 

Page  261  of  The  Case. 

(See  also  "Proliibition  of  Pelagic  Sealing  within  a  Zone.") 

During  the  summer  months  fogs  etivelop  the  seal  islands  or  cover 
the  sea  a  short  distance  from  them  a  considerable 
W.  C.  Alli8,  p.  99.        portion  of  the  time.    Sealing  vessels  are  enabled 
thereby  to  carry  on  their  work  without  detection 
at  almost  any  point,  and  coidd  and  would,  I  believe,  cross  any  bound- 
ary line  that  might  be  drawn  about  the  islands,  and  catch  seals  at  will 
inside  of  it.    I  do  not  think  sealing  can  be,  with  safety  to  the  rookeries, 
permitted  in  any  i)art  of  the  sea.    If  the  sealers  are  given  an  inch  they 
will  take  an  ell,  and  destroy  all. 


F0U8    IN    UEUINO   8KA. 


f)27 


1)6  protectod 
M'illc  Ocoim. 
t  tlu'isliuuls, 
itliin  which 
I  to  seal  lit«s 
t  thry  I'ould 
40,  or  nioi'u 
I'ol",  and  the 
iinuh  in  aver 
sraliiin  were 
a  short  time 
he  I'emales — 
peiisea  seal- 


Heal  hunting 
ssiu  ])reserv- 
!a  dnrinj^the 
Histantly  en- 
k'essels  couhl 
if  aUowed  to 
JOnul(!S  from 
m  and  going 
)ecau»e  seals 
is  are  nineh 
heproxinuty 

)f  practically 
impossibility 
breed. 

ve  now  been 
e  seals  upon 
ent  has  no 
uld  at  least 
thin  the  area 
island. 

ble.  A  pro- 
ing  100  miles 
even  if  the 


There  is  almost  constant  cloudiness  and  dense  fog,  and  it  is  dilllmlt 
for  a  vessel  to  kjiow   her  own  location  within 
reasonable  limits  after  having  cruised  about  lor  a    ii,noriitjAmvviv»n<om- 
8h(»rttime.    The  margin  of  uncertaintv  w«»uld  be  i,iiHNioi,nn,ii.  :mi  »/  The 
nearly  as  wide  as  the  zone   itself.      Often  the  ''i**. 
navigator  receives  his  tli'st  inf<u'mation  regarding 
the  nearness  to  the  islands  by  heiiring  the  cries  of  the  seals  <ui  the  rook- 
eries, which  he  can  not  see.      Under  such  cin-unistances  few   arrests 
would  be  nuule  of  trespasHing  vessels  that  could  not  make  a  plausible 
plea  in  self  defense.     In  most  cases  it  would  be  <lil1icult  to  prove  that 
the  sealer  was  actually  within  the  forbidden  area. 

During  the  summer  months  fogs  envelop  the  sea  islands  or  cover  the 
sea  a  short  distance  from  them  a  considerable  por- 
tion of  the  time.  JJany  \.  Clark,  it.  UtO. 

Sealing  vessels  areeimbled  thereby  to  carry  on 
their  work  without' dctectitm  at  almost  any  point,  and  <'onld  and  would, 
I  believe,  cross  any  boundary  line  thiit  might  be  drawn   about   the   is- 
lands and  catch  sealsat  will  inside  of  it. 

1  do  not  think  sealing  can  be  permitted,  with  safety  to  the  rook«'rie8, 
in  any  part  of  the  sea.  If  the  sealers  are  given  an  inch  they  will  take 
an  p'i,  and  destroy  them. 

1  have  also  no  doubt  as  to  the  Hnal  result  of  this  indiscriminate 
sealiiig.  The  dense  fogs  which  prevail  over  Ber- 
ing Hea  ill  summer  render  the  drawing  of  an  imag-  //•  "'■  Mdniyrv,  i>.  i:h8. 
iiiary  line  of  protei^tion  about  the  seal  islands  ab- 
solutely futile  and  inoperative  for  such  pur])ose ;  and  unh'ss  full  protec- 
tion is  atforded  the  animals,  their  extermination  must  follow  as  surely 
as  in  the  case  of  the  seals  at  the  South  Shetland  IsUuhIs  or  the  butlalo 
on  the  plains  of  North  America. 

It  is  my  opinion  that  should  pelagic  sealing  be  prohibited  in  a  zone 
30,  40,  or  50  miles  about  the  Pribilof  Islands  it 
wouhl  be  utterly  useless  as  a  protection  to  seal      L.  G.  Slupani,  p.  189. 
life,  because  female  seals  go  much  farther  than 
that  in  search  of  food,  and  because  fogs  are  so  prevalent  about  those 
islands  that  it  would  be  impossible  to  enforce  any  such  prohibition. 

As  seals  are  found  in  large  numbers  over  100  miles  from  the  islands 
during  the  entire  summer,  a  zone  30  or  40  miles 
about  the  islands  in  which  open-sea  sealing  were      Geo.  Wardman,p.viQ. 
prerented,  if  such  could  be  done,  would  be  of  com- 
paratively little  proteutiou  to  seal  lite. 


ds  or  cover 
jonsiderable 
are  enabled 
ut  detection 
any  bound- 
seals  at  will 
le  rookeries, 
n  inch  they 


THE  SHAL-SKIN  INDUSTRY. 


IN  THE  PAST. 


SOURCES  OF  SUPPLY. 


TW 


Page  264  of  The  Case. 

Second.  That  the  seal-skins  which  I'  ive  been  sold  in  London  from 
time  to  time  since  deponent  first  began  business 
have  been  obtained  from  sources  and  were  known     Alfred  Fraaer,  p.  554. 
in  the  markets  as — 

(A)  The  South  Sea  skins,  being  the  skins  of  seals  principally  canght 
on  the  South  Shetland  Islands,  South  Georgia  Islands,  and  Sandwich 
Land.  That  many  years  ago  large  numbers  of  seals  were  caught  upon 
these  islands,  but  in  consequence  of  the  lact  that  no  restrictions  were 
imposed  on  the  killing  of  said  seals  they  were  ])racti(!ally  exterminated 
and  no  seal-skins  appeared  in  the  market  from  those  localities  for  many 
years.  That  about  twenty  years  ago  these  islands  were  again  visited 
and  for  five  seasons  a  considerable  catch  was  made,  amounting  during 
the  whole  five  seasons  to  about  ;iO,()00  or  40,000  skins.  Among  the 
skins  found  in  this  catch  were  those  of  the  oldest  males  and  the  smallest 
pups,  thus  showing,  in  the  Judgment  of  deponent,  that  eveiy  seal  of 
eveiy  kind  was  killed  that  could  bo  reached.  That  in  consequence 
thereof  the  rookeries  on  these  islands  were  then  completely  exhausted. 
Once  or  twice  thereafter  they  were  visited  with(mt  result,  no  seals  being 
found,  and  about  five  years  ago  they  were  again  revisited  and  only  'Mi 
skii:„4  were  obtained.  Deponent  is  informed  that  all  the  South  Sea 
skins  were  obtained  by  killing  seals  upon  the  islands  above  mentioned, 
and  tliat  it  is  obviously  everywhere  much  easier  to  kill  seals  upon  the 
land  tliau  in  the  water;  and  in  the  .judgment  of  the  deponent  the  seals 
of  the  above-mentioned  islands  were  thus  entirely  exterminated  because 
of  the  entire  absence  of  any  protection  or  of  any  restriction  of  any  kind 
whatever  upon  the  number,  age,  or  sex  of  seals  killed,  and  not  merely 
as  deponent  understands  has  been  claimed  by  some  authorities,  because 
they  were  killed  on  land  instead  of  in  the  open  sea,  which,  moreover, 
in  that  locality,  deponent  is  iTiformed,  is  practically  impossible  by  rea- 
son of  the  rouglniess  of  the  sea  and  weather. 

(B)  A  considerable  number  of  seal-skins  were  formerly  obtained 
upon  the  Falkland  Islands;  how  many  deponent  is  not  abh^  to  state. 

(0)  That  a  certain  number  of  seals  were  also  caught  at  Cape  Horn, 
and  that  more  or  less  are  still  tidcen  in  that  vicinity,  though  tlie  whole 
number  has  been  very  greatly  reduced. 

Deponent  says,  fronj  his  general  knowledge  of  the  business  inspection 
of  the  catalogues  of  sides  of  ( '.  M.  Lam])son  &  ( !o. 

and  horn  the  infornmtion  derived  from  his  pr<'de-      /^miireic/imatm, p. 577. 
cessors  in  the  firm,  the  chief  of  whom  was  the  late 
Sir  Curtis  Lampsou,  who  founded  the  house  about  sixty  years  ago,  that 
34  u  s  529 


530 


IN   THE   PAST. 


fur-seal  skins  were  formerly  obtained  in  large  numbers  in  the  South 
Pacittc.  and  Athmtio  seas  upon  the  San  Juan  Fernande.^:  and  Falkland 
Islands,  upon  Sandwich  Island,  South  Shetland  Island,  Desolation 
island,  Goughs  Island,  and  Kerguelen  and  Masafuero  Islands,  and 
at  Cape  Horn. 

There  were  also  in  former  years  a  considerable  number  of  skins  ob- 
tained from  Russian  possessions  in  the  North  I'acific  Ocean  through 
the  medium  of  a  Russian  company,  as  hereinafter  stated. 

The  history  of  the  Southern  Atlantic  and  Pacifl(!  seal  business  shows 
that  at  the  localities  above  enumerated,  and  principally  on  South  Shet- 
land and  the  Kerguelen  Islands,  there  must  have  been  very  large  num- 
bers of  seals.    *    *    » 

And  deponent  has  been  informed  and  understands  that  in  conse- 
quence of  the  indiscriminate  and  universal  killing  of  seals  in  the  h)cal- 
ities  above  mentioned,  where  no  restrictions  of  any  kind  were  then  or 
are  imposed  upon  the  killing  of  seals  at  any  time,  without  regard  to 
age  or  sex,  the  seal  rookeries  in  those  localities  were  after  a  few  years 
of  such  killing  practically  exhausted. 

That  about  twenty  years  ago  the  South  Shetland  Islands  were  again 
visited,  and  for  two  or  three  years  there  were  obtained  from  these  is- 
lands a  considerable  number  of  skins,  amounting  in  the  aggregate  to 
perhaps  50,000  skins.  At  the  end  of  three  years'  catch  of  skins  it  was 
reported  that  the  rookeries  were  again  exhausted  and  the  islands  were 
not  again  visited  for  several  years,  not  until  live  years  ago,  when  de- 
I)onent  understands  that  a  vessel  was  sent  to  those  islands  by  the  Arm 
of  C.  A.  Williams  &  Co.,  of  New  London,  United  States  of  America, 
and  that  that  vessel  was  only  able  to  obtain  30  skins. 

The  tiuivi  during  whic.'h  deponent  has  been  in  the  business  the  skins 
from  all  of  the  above-mentioned  localities  have  been  practically  infin- 
itesimal in  number. 


u 

ll       I 


The  following  statistics  are  gathered  from  the  journals  of  early  navi- 
gators, and  such  commercial  records  as  are  now 

C.  A.  WiUiam8,p.  540.  available  are  submitted: 

Kerguelen  Land. — An  island  in  southern  Indian 
Ocean  discovered  about  1772.  The  shores  of  this  island  were  teeming 
with  fur-seal  when  it  lirst  became  known.  Between  the  date  of  its  dis- 
covery and  the  year  1800  over  1,200,000  seal  skins  were  taken  by  the 
British  vessels  from  the  island,  and  seal  life  thereon  was  exterminated. 

Vrozetts. — The  Crozett  Islands,  in  same  ocean  and  not  far  distant, 
were  also  visited  and  hunted  over  and  the  seal  life  there  was  totally 
exhausted. 

Masafuero. — An  island  in  southern  Pacific  Ocean,  latitude  38°  48'  S., 
longitude  80°  34'  W.,  came  next  in  order  of  discovery,  and  from  its 
shores  in  a  few  years  were  gathered  and  shipped  1,200,000  fur-seal  skins. 

Delano,  chapter  17,  page  30t>,  says  of  Masafuero:  "When  the  Ameri- 
cans came  to  this  place  in  1707  and  began  to  make  a  business  of  kill- 
ing seals  there  is  no  doubt  but  there  were  2,000,000  or  3,000,000  of 
them  on  the  island.  I  have  made  an  estimate  of  more  thar.  3,000,000 
that  have  been  carried  to  Canton  from  thence  in  the  space  of  seven 
years.  I  have  carried  more  than  100,000  myself  and  have  been  at  the 
place  when  there  were  the  people  of  fourteen  ships  or  vessels  on  the 
island  at  one  time  killing  seals." 

South  Shetlands.— In  1821-1823  the  South  Shetland  Islands,  a  grou|) 
iieaily  south  from  Cape  Horn,  became  known  to  the  seal  hunters,  and 


1  the  South 

id  Falkland 

Desolation 

slauds,  and 

)f  skins  ob- 
;an  through 

iness  shows 
South  iShet- 
r  large  uum- 

at  in  couse- 
in  the  h)cal- 
vere  then  or 
it  regard  to 
a  few  years 

I  were  again 
)m  these  is- 
iggregate  to 
skins  it  was 
[slands  were 
JO,  when  de- 
by  the  linn 
of  America, 

ss  the  skins 
iically  intin- 


'  early  navi- 
as  are  now 

lern  Indian 

ere  teeming 

teof  itsdis- 

iken  by  the 

erminated. 

ar  distant, 

wa.s  totally 

38^  48'  S., 
id  from  its 

-seal  skins. 

the  Ameri- 
ess  of  kill- 
,000,000  of 
3,000,000 
58  of  seven 
been  at  the 
isels  on  the 

[Is,  a  group 
inters,  and 


SOURCES   OP   SUPPLY. 


531 


in  two  years  over  320,000  seals  were  killed  and  their  skins  shipped 
from  these  islands. 

South  Georgia. — Later  still  seal  were  found  on  the  i-iland  of  South 
( Jeorgia,  South  Atlantic  Ocean,  and  from  this  locality  was  obtained 
over  1,000,000  of  fiir  seal,  leaving  the  beaches  bare  of  seal  life. 

Cape  Horn. — From  the  coast  of  South  America  and  about  Cape  Horn 
many  thousands  of  fur  seal  have  been  taken,  and  of  the  life  once  so 
prolific  there  nothing  ivS  now  left  save  such  remnants  of  former  herds 
as  shelter  on  rocks  and  inlets  almost  inaccessible  to  the  most  daring 
hunter. 

Th's  record  shows  the  n»mrly  complete  destruction  of  these  valuable 
animals  in  southern  seas.  Properly  protected,  Kerguelen  Land,  Masa- 
fuero,  the  Shetlands,  and  South  Georgia  might  have  been  hives  of 
industry,  producing  vast  wealth,  training  schools  for  hardy  seamen, 
and  furnishing  employment  for  tens  of  thousands  in  the  world's  mar- 
kets where  skins  are  dressed,  prepared,  and  distributed.  But  the 
localities  were  no  man's  land,  and  no  man  cared  for  them  or  their 
products  save  as  through  destruction  they  could  be  transmitted  into 
a  passing  profit. 

In  1872,  fifty  years  after  the  slaughter  at  the  Shetland  Islands,  the 
localities  before  mentioned  were  all  revisited  by 
another  generation  of  hunters,  and  in  the  sixteen  C.  A.  Williavis,p.  .542. 
years  that  have  elapsed  they  have  searched  every 
beach  and  gleaned  from  every  rock  known  to  their  predecessors,  and 
found  a  few  secluded  and  inhospitable  places  before  unknown,  and  the 
net  result  of  all  their  toil  and  daring  for  the  years  scarcely  amounts  to 
45,000  skins,  and  now  not  even  a  remnant  remains  save  on  the  rocks 
ofl"  the  pitch  of  Cape  Horn.  The  last  vessel  at  South  Shetlands  this 
year  of  1888,  after  hunting  all  the  group,  found  only  35  skins,  and  the 
last  at  Kerguelen  Land  only  01,  including  i»ups.  So  in  wretched  waste 
and  wanton  destruction  have  gone  out  forever  from  the  southern  seas  a 
race  of  animals  useful  to  man  and  a  possible  industry  connected  with 
them,  and  it  is  plain  that  without  the  aid  of  law  to  guide  and  control 
no  other  result  could  have  been  expected  or  attained. 

MARKETS. 
Pago  266  of  The  Case. 

Deponent  says  that  what  may  be  described  as  the  fur-skin  business 
has  been  built  u}) — that  is,  the  product,  the  fur- 
seal,skins,  have  been  made  an  article  of  fashion  ggf*''  ^-  ^-  ■^«'»i"o»>  P- 
and  commerce — and  the  sales  of  such  skins  largely  "^ 
increased,  and  the  methods  of  dressing  and  dyeing  the  same  have  been 
perfected  almost  entirely  through  the  influence  and  joint  endeavors  of 
the  Alaska  Commercial  Company,  the  North  American  Commercial 
Company,  the  Russian  Seal  Skin  Company,  deponent's  own  firm,  and 
the  firm  of  C.  W.  Martin  &  Sons,  and  their  predecessors  in  the  city  of 
London. 

That  the  first  sealskins  of  which  deponent  has  any  knowledge  arriv- 
ing in  London  market  were  consigned  by  a  Rus- 
sian company  to  the  firm  of  J.  M.  Oppenheim  &  567  "'^     '        "**'  '" 
Co,,  the  business  of  which  firm,  in  far  so  as  it  re- 
lated to  the  dressing  and  dyeing  of  fur-seal  skins,  was  subsequently 
taken  over  by  the  firm  of  Martin  &  Teichmaun.    That  the  fiu -seal  skin 


532 


IN  THE  PAST. 


busmoss  was  jrreatly  dpvolopod  about  the  year  1870  through  the  efforts 
of  C.  ]\r.Laiiips«ui  &  Co.;  tlint  about  that  time  the  firm  of  J.  M.  Oppen- 
heim  &  Co.  found  great  difhculties  in  gottirig  the  skins  properly  un- 
haired,  dressed,  and  dyed,  whirh  difliculties  <'ulminated  in  a  strike  of 
their  oix'ra fives  about  the  year  1873,  the  result  of  whicli  was  that  the 
firm  of  Martin  &  Teichmann  took  over  that  portion  of  the  business  of 
Messrs.  Oppenheini  &  Co.  connected  with  the  dressing  and  dyeing  of 
fur-seal  skins  as  aforesaid,  and  began  a  system  of  education  of  their 
own  operatives,  and  that  from  that  time  until  within  a  year  ago  the 
business  of  dressing  and  dyeing  skins  has  been  practically  controlled 
by  the  firms  of  Martin  &  Teichmann  &  Co.  and  C.  W.  Martin  &  Sons, 
and  has  become  an  established  and  important  industry,  in  which  a 
large  amount  of  capital  is  invested  and  a  large  number  of  persons  em- 
ployed. 


The  principal  market  for  the  skins  of  such  Southern  Pacific  and 
Emil  Teichmann,  p.  577.  AtlaT.tio  seals  was,  as  depoueut  is  informed,  found 
in  the  Chinese  ports. 


Emil  Teichmann, p. 519 
si  an  Government  a 


The  history  of  the  seal-skin   fishery    coming  from  the  Northern 
Pacific  regions  is  briefly  as  follows: 

In  the  early  part  of  the  century  a  Russian  com- 
pany was  formed  which  obtained  from  the  Rns- 
riglit  to  kill  seals,  both  upon  the  Commander  {ind 
Pribilof  islands  and  in  and  around  the  Bering  Sea.  Up  to  the  year 
1853  about  20,000  skins  were  annually  received  in  London  from  the 
company  in  the  ]>archment  state.  By  the  parchment  state  I  mean  skins 
which  were  dried  with  the  top  or  water  hair  left  on.  They  were  not, 
in  consequence  of  this  method  of  preservation  by  drying,  in  a  condi- 
tion to  be  unltaired,  and  they  were,  after  h.iving  been  dressed  in  Lon- 
don, largely  ri  tuiiK'd  to  the  Russian  markets. 

In  the  year  1S53  a  trial  sliipment  of  salted  skins  was  made  to  J.  M. 
Oppoiiheim  &  Co.,  in  London,  in  pursuance,  as  deponent  is  informed, 
of  suggestions  theretofore  sent  out  by  Messrs.  Opi)enheim  that  an  at- 
tempt should  be  made  to  salt  the  skins,  but  owing  to  the  defective 
curing  this  shipment  was  a  failure.  By  degrees,  however,  the  curing 
by  means  of  salting  was  improved,  and  in  1858  a  contract  was  made 
by  the  Russian  American  Company  to  ship  to  Messrs.  J.  M.  Oppen- 
heini &  Co  an  annual  supply  of  from  10,000  to  12,000  skins  delivered 
in  Loiulon  at  10.<j.  10^.  a  skin.  The  quantity  was  increased  in  1804  to 
20.000  skins.  Tliis  contract  remained  in  force  until  the  Alaska  Territory 
became  the  property  of  the  TTnited  States.  In  addition  to  tlie  salted 
skins  covered  by  the  contract  last  referred  to.  Messrs.  Oppenheim  &  Co. 
also  received  during  these  years  about  10,000  skins  from  the  Russian 
American  Comiiany  per  annum,  which  were  dried  in  the  old-fashioned 
way  and  not  salted. 


Deponent  says  that  what  may  be  termed  the  fur-seal  business  has 
largely  been  built  up  by  the  efforts  of  the  Alaska 

Emil  Teichmann, p.  582.  Commercial  Company,  the  North  American  Com- 
meicial  Companv,  and  the  firm  of  C.  M.  Lamson 
&  Co. 

That  it  depends  to  a  considerable  extent  upon  making  seal-skins  an 
article  of  fashion  and  of  trade. 


h  the  efforts 
T.  M.  Oppen- 
properly  un- 
n  a  strike  of 
was  that  the 
i  business  of 
id  dyeinfj  of 
tiou  of  their 
v^ear  ago  tlie 
ly  controlled 
rtin  &  Sons, 
,  in  which  a 
persons  em- 


Pacific  and 
>rmed,  found 


le  Northern 

Inssian  com- 
>m  the  Rus- 
niander  and 
I  to  the  year 
Ion  from  the 
[  mean  skins 
ey  were  not, 
in  a  condi- 
^sed  in  Lon- 

ade  to  J.M. 

is  informed, 
that  an  at- 

le  defective 
the  cnrinj^ 
was  made 
M.  Oppen- 
s  delivered 
in  18({4  to 
V  Territory 
the  salted 
heim  »&  Co. 
le  liiissian 

i-fashioned 


isincss  has 
the  Alaska 
rican  Com- 
VI.  Lamson 

al-skins  an 


MARKETS. 


633 


The  skins  from  tlie  localities  mentioned  were  marketed  mainly  in 
China,  as  excliange  for  silks,  teas,  etc.;  a  portion 
went  to  J<]urope,  and  in  France  and  England  were  c.  A.  Williams,  p.  542. 
maiiutactured  into  caps,  gloves,  and  other  small 
articles,  being  sinii>ly  unliaired  and  dressed.  The  commercial  value  in 
China  was  about  $5  per  skin  for  first  class,  and  something  less  in 
Europe.  But  Delano,  chapter  11,  page  197,  siij's:  "Having  agreed  for 
u  freight.  Captain  Stuart  ordered  his  ship  to  Canton;  he  sold  his  cargo 
of  seals,  38,000,  for  only  $16,000,  so  reduced  was  the  price  of  this  arti- 
cle." There  was  no  regular  market  established  for  them,  and,  under 
the  condition!^  of  their  taking,  there  could  be  none;  for  at  one  time 
there  would  be  a  vast  oversui>ply,  while  at  another  skins  would  be 
unattainable,  and  always  the  assurance  that  however  plentiful  might 
be  the  supply  for  a  season  the  end  was  not  distant,  for  utter  destruc- 
tion was  the  rule  of  cai)ture,  and  no  reproduction  was  possible.  Capi- 
tal could  not  undertake  to  develop  such  a  trade,  for  the  end  was  in 
sight  from  the  beginning. 

Until  about  1853  the  skins  shipped  by  the  Russian  American  Com- 
pany from  these  islands,  over  which  they  had  ab- 
solute control,  up  till  the  time  of  the  cession  to  C.  A.  WiiUama,  p.  545. 
the  United  Stfites,  went  forward  in  the  parchment 
(or  dried)  state  at  the  rate  of  about  20,000  per  annum.  About  1853  a 
small  trial  shipment  of  salted  skins  was  shipped  in  the  hands  of  Messrs. 
J.  M.  Oppenheim  &  Co.,  London,  who  had  for  many  years  previous 
been  the  leading  firm  who  unliaired  and  dressed  fur  seals  from  Lobos 
Islands,  Cape  of  Good  Hope,  etc.  The  first  cxi>erience  with  salted 
Alaskas  proved  a  failure,  the  skins  not  having  been  properly  cuied; 
by  degrees,  however,  the  skins  came  forward  in  better  condition,  and 
in  the  year  1858  Messrs.  Ojipenheim  contracted  with  the  Russian 
American  Company  for  an  annual  sujijdy  of  from  10,000  to  12,000  salted 
fur-seals  at  10s.  lOd.  per  skin,  delivered  in  London.  This  quantity  was 
increased  about  the  year  1804  to  20,000  per  annum,  the  contract  re- 
maining in  force  until  the  time  when  the  territory  was  handed  over  to 
the  United  States  Government.  In  addition  to  the  salted  fur  seals, 
Messrs.  Oppenheim  received  annually  from  the  Russian  American 
Company  about  10,000  parchment  fur-seal  at  a  price  materially  below 
tliat  of  the  salted  skins.  Messrs.  Oppenheim  shipped  to  the  United 
States  the  first  dressed  and  dyed  Alaska  seals  about  18(50,  but  their 
shipments  only  amounted  to  a  few  thousand  skins  per  annum  until 
1805.  From  that  year  until  1872,  when  this  firm  was  liquidated,  the 
quantity  shi]>ped  by  them  increased  from  2,000  to  3,000  per  annum  to 
probably  10,000  skins. 

Such  was  the  state  of  the  trade  in  fur  seal  skins  at  the  time  of  the 
lease  by  the  United  States  Government  to  the  Alaska  Commercial 
Company.  Skins  were  of  low  value;  there  were  no  regular  open  snles; 
the  dressing  and  dyeing  were  badly  done,  and  the  not  result  of  sales 
was  insuificient  to  meet  the  rental,  tax,  and  charges  imposed  by  the 
Government  on  the  lessees  at  the  date  of  the  issue  of  the  lease.  The 
company  undertook  the  building  u])  of  this  business  by  tlie  introduc- 
tion of  method  and  system  on  the  islands  in  the  place  of  the  loose  aiid 
careless  management,  by  careful  selection  of  skins  and  great  attention 
to  the  curing  of  them,  and.by  guaranteeing  regular  supi)ly  as  to  quan- 
tity and  quality  to  the  London  market.  They  were  most  ably  seconded 
in  their  efforts  by  the  London  house  of  C.  M.  Lampson  &  Co.,  to  whom 
the  skins  were  consigned,  and  to  the  critical  acquaintance  with  value 


534 


IN  THE   PRESENT. 


of  furs,  to  the  sound  jndgmeTit  and  unsurpassed  business  ability  of  the 
then  head  of  that  house,  and  to  the  confidence  assured  to  the  buyers 
by  his  name  in  coniiction  with  the  sales  the  success  of  the  undertak- 
ing in  liondou  is  la  ^a'ly  due.  Up  to  the  time  that  this  company  was 
formed  the  dressing  of  seal  was  efficiently  done  only  by  the  firm  of 
Oppenheim&  Co.,  but  on  their  liquidation  there  was  great  danger  that 
the  business  would  fall  into  weak  hands  and  be  so  badly  done  as  to 
render  the  manufactured  fur-seal  unpopular,  llealizing  this  fact, 
Messrs.  Lampson  &  Co.  stepped  in  and,  by  liberal  inducements,  led 
Messrs.  Martin  &  Telchmann  to  carry  on  the  Alaska  factory. 

After  a  series  of  difficulties,  such  as  strikes  and  trouble  with  the 
work  people,  who  were  determined  that  no  more  or  better  work  should 
be  done  than  of  old,  this  factory  has  gradually  succeeded,  by  continual 
improvement,  in  rendering  the  dressing  and  dyeing,  formerly  a  most 
uncertain  undertaking,  a  thoroughly  reliable  process.  These  efforts  on 
the  island  and  in  London  combined  largely  account  for  the  measure  of 
success  the  company  has  attained.  In  addition,  however,  large  ex- 
penditure has  been  necessary  in  all  the  Europeou  centers  to  keep  the 
ai'tide  before  the  public  and  in  their  favor. 


IN  THE  PRESF  'T. 


Page  2C7  of  The  Case. 

Deponent  is  informed  that  practically  all  the  seal-skins  in  the  world 
are  sold  in  London,  and  the  number  runs  up  in 
H.  S.    Bevington,  p.  the  year  to  between  100,000  and  200,000,  averag- 
552.  iug  considerably  over  150,000  a  year. 


Several  years  ago  they  were  plentiful  off"  Cape  Horn,  and  about 
twenty-five  years  back  I  saw  some   near  Cape 
Brennan,  p.  Good   Hope,  and  also    olf  New    Zealand;    but 
whether  they  are  to  be  found  there  now  I  do  not 


William 
359. 


know. 

The  way  in  whicTi  the  business  of  the  firm  of  C.  M.  Lampson  &  Co. 

Sir  G.  C.  Lampion,  p.  is  conducted  at  the  present  time  in  respect  to  fur- 
564.  seal  skins  is  briefly  as  follows : 

The  firm  receives  coTisignments  of  fur-seal  skins  from  the  North 
American  Commercial  Company,  whicli,  as  deponent  is  informed,  has  a 
lease  from  the  United  States  Government  of  the  riglit  to  kill  fur-seals 
on  the  Pribilof  Islands  in  the  Bering  Sea,  from  the  llussian  Seal  Skin 
Com])any,  whicli,  as  deponent  is  informed,  have  a  lease  trom  the  Rus- 
sian Government  of  a  right  to  kill  fur-seals  on  the  Kommondorski  and 
Roben  Islands,  and  large  consignments  of  fur-seal  skins  are  also  made 
to  deponent's  firm  by  the  firm  of  Hermann  Liebes  &  Co.,  of  San  Fran- 
cisco, U.  S.  A.  These  three  mentioned  firms  or  companies  are  tlie 
principal  consignees  of  seal  skins  to  the  deponent's  firm.  The  con- 
signments when  received  are  duly  catalogued  aiul  sales  at  pxiblic  auc- 
tion of  these  skins  and  of  those  of  any  other  consignments  which 
there  may  be  arc  held  in  the  months  of  January,  March,  and  October. 
That  at  such  sales  there  are  present  in  person  or  by  representative 
all  the  leading  dealers  doing  business  in  the  city  of  London  and  all 
the  other  markets  in  the  world.  The  total  number  of  buyers  does  not 
average  more  than  fifty,  and  a  list  of  all  the  buyers  is  hereto  annexed 


MARKETS. 


535 


ability  of  the 
o  the  buyers 
he  undeitak- 
oiii])aiiy  was 
•y  the  film  of 
;  daiifyer  tliat 
'■  done  as  to 
ig  this  fact, 
cements,  led 

ble  with  the 
work  should 
by  continual 
nerly  a  most 
5se  eflfbi'ts  on 
3  measure  of 
er,  large  ex- 
i  to  keep  the 


in  the  world 

runs  up  in 

000,  averag- 


and  about 

near  Cape 

aland ;    but 

)w  I  do  not 


and  marked  A.  The  major  part  of  the  skins  purchased  are,  however, 
purchased  by  a  com])aratively  small  number  of  firms.  Deponent's  own 
firm  as  tlie  agents  of  dealers  in  the  United  States  and  Canada  are  also 
among  the  principal  buyers. 

That  down  to  within  one  or  two  years  ago  the  skins  so  purchased  by 
the  principal  buyers,  or  at  least  a  great  majority  of  them,  were  after 
such  purcliase  consigned  to  the  firm  of  0.  W.  Martin  &  Sons,  by  whom 
they  were  dressed,  and  the  most  of  the  skins  also  dyed  by  them,  and 
having  been  so  dressed  and  dyed,  they  are  then  sent  to  the  dealers  and 
manufacturers  of  fur  clothing  in  various  parts  of  the  world. 

Sir  G,  U.  Lam^aoH,  p.  566. 

BUYERS  OF  FUR-SEAL  SKINS. 


LONDON. 


Allhanscn  &  Co. 
Apl'el  Urothors. 
Bcviiigtoa  &  MoitIb. 
Blatspiel,  Stamp  &  Heacock. 
BorruH,  R.,  &.  Sous. 
Creamer,  J.  H.,  &  Co. 
Dixon  &,  Co.,  H. 
Ensor,  Weber  &  Co. 
Eysoldt  &  Co. 
Friedebery,  H. 
Fclsenstein  Bros. 
Hand,  .1. 

Hirschell  &  Meyer. 
Hoffman  «&  Thaw. 
Howell,  J.,  &  Co. 
Ince,  T.  H. 


Grebert,  E.,  &  Grison. 
Handler,  N.,  &  Fils. 


Intornational  Fnr  Store. 
Marshall,  W.,  &  Co 
Martin,  C.  W..  &  Sons. 
Meyers,  J.  &  H. 
Kicholay,  J.  A.  &  Son. 
Phillips.  Politzer  &  Co. 
Poland,  P.  R.,  &  Son. 
Poland,  Geo.,  &  Son. 
Russ,  C. 

Smith,  Geo..  &.  Sons. 
Sugdcn,  C.  A.,  &  Co. 
Slater  &  Co. 
Ullmann,  Jos. 
Vyse  Sons  &  Co. 
Wotherspoon,  D.  &  J. 


PARIS. 


Hertz,  £.,  &  Co. 


R6villon  Frftres. 
E6villou,  S. 


|)SOn  &  Co. 
pect  to  fur- 


LEIPZIO. 


11 


the  North 

med,  lias  a 

fur-seals 

Seal  Skin 

Q  the  Rus- 

dorski  and 

also  made 

San  Pran- 

ies  are  the 

The  con- 

ublic  auc- 

nts  which 

1  October. 

esentative 

)n  and  all 

s  does  not 

0  annexed 


Bromberg,  M.,  &  Co. 
Domfeldt,  G. 


Gandig  <&  BInni. 
Konigeworther,  H.  M. 


Third.  That  the  business  is  carried  on  in  the  city  of  London,  briefly, 
as  follows:  Messrs,  C.  M.  Lampson  &  Co.,  and 
during  the  last  two  years  one  or  two  other  firms,  5,0^""*'^  ^'  ^^"''^"^'  P' 
advertised  the  annual  sales  of  fur-seal  skins,  of 
which  very  far  the  largest  number  are  advertised  and  sold  by  C.  M. 
Lampson  &  Co.  That  at  such  sales  merchants  and  furriers  from  all 
over  the  world  are  i)resent  or  represented,  and  make  their  purchases 
of  fur-seal  skins  for  the  ensuing  season.  After  the  sales  the  skins  pur- 
chased are  delivered  by  the  puri^hasers  to  my  firm  and  others  for  dress- 
ing and  dyeing.  Most  of  the  seal-skins  dressed  by  my  firm  are  like- 
wise intrusted  to  us  to  be  dyed,  but  some  of  the  merchants,  notably 
Revillon  Frferes,  of  Paris,  have  the  skins  which  have  been  dressed  for 
them  by  us  dyed  in  France,  and  this  is  true  of  one  or  two  other  firms, 
although  Revillon  Frferes  are  the  principal  firm  who  so  do.  This  makes 
the  number  of  furs  di  essed  by  us  larger  than  the  number  dyed. 


536 


IN   THE   PRESENT 


The  skins  are  consigned  by  the  persona  who  take  them  in  the  fishing 
grounds  to  various  firms,  the  principal  of  wliich 

George  Bice,  p.  572.        are  0.  M.  Lampson  &  Co.,  and  Cnlverwell  & 

Brooks,  by  whom  the  skins  are  catalogued  and 

advertised  for  the  sales,  which  are  held  in  October,  January,  or  March 

in  each  year  by  Goad,  Kigg  &  Co.,  as  brokers  for  C.  M.  Lampson  &  Co., 

and  by  Cnlverwell  &  Brooks  on  their  own  account. 

These  sales  are  attended  by  m.erchants  and  buyers  from  all  over  the 
world,  wlio  are  present  either  personally  or  by  proxy,  and  having  made 
their  ])urchases  at  such  sales,  the  skins  are  transferred  by  them  to  the 
dressers  and  dyers. 

The  laws  of  trade  take  these  skins  to  London  for  market.    Two  pub- 
lic sales  are  held  each  year,  usually  in  March  and 
C.  A.  Williams,  p.  546.  November.    At  these  sales  attend  buyers  from 
Kussia,  Germany,  France,  England,  and  America. 
The  company  sells  the  entire  stock  on  hand  at  each  occasion,  and  has 
no  further  connection  with  the  skins.    Its  rule  is  to  meet  the  market, 
and  it  buys  no  skins  for  account,  nor  has  it  any  interest  in  the  dressing 
and  dyeing.    That  this  work  is  done  so  largely  in  Loudon  is  the  choice 
of  the  buyers. 

SOURCES  OF  SUPPLT. 


ri  s 


Page  268  of  The  Case. 

That  since  deponent  has  been  in  businesr-,  skins  coming  upon  the 
London  market  have  been  piiticipally  divided  into 

H.S.lievinr, Ion, -p.  551.  three  classes,  known  as  the  Alaska  catch,  the 
Copper  catch,  and  the  Northwest  catch.  Small 
supplies  have  also  been  received  from  the  Southern  Sea,  the  Lobos 
Islands,  Falkland  Islands,  and  Cape  Horn;  but  the  skins  arriving 
from  these  last  mentioned  localities  make  no  figure  in  the  market. 
That  what  is  known  as  the  Alaska  catch,  consist  of  skins  of  seals 
which  are  killed  upon  the  Pribilof  Islands  in  the  Bering  Sea,  and  the 
Copper  catch  of  skins,  which  are  killed  upon  the  Copi)er  and  Bering 
Islands,  in  Russian  waters. 

That  the  Northwest  skins  consist  of  skins  taken  from  animals  which 
are  caught  in  the  open  Pacific  Ocean,  off  the  coast  of  British  Columbia 
or  in  the  Bering  Sea. 

That  at  the  present  time,  and  for  many  years  last  past,  the  skins 
coming  to  the  market  and  which  are  known  to 

Jl/red  Frazer,  p.  555.     commerce,  have  come  from  the  following  sources: 

1.  And  by  far  the  most  important  are  the  North- 
ern Pacific  skins,  which  are  known  to  the  trade  under  the  following 
titles : 

The  "Alaska"  catch,  which  are  the  skins  of  seals  canght  on  the 
Pribilof  Islands,  situated  in  Bering  Sea.  For  many  years  past  the 
whole  of  the  skins  caught  upon  these  islands  have  been  sold  by  depon- 
ent's firm,  and  a  statement  of  the  number  of  skins  so  sold  in  each  y<»ar 
is  appended  hereto  and  marked  Exhibit  A,  showing  the  aggregate  of 
such  skins  sold  from  the  year  1870  to  the  year  1SJ|1,  inclusive,  as 
1,877,977. 

The  '-Copper"  catch,  being  the  skins  of  seals  caught  upon  what  are 
known  as  the  Commander  Islands,  being  the  islands  known  as  Copper 


SOURCES   OF   SUPPLY. 


537 


in  the  fishing 
ipal  of  wliich 
Julv«rwell  & 
talo^uecl  aH<l 
iry,  or  March 
inpsou  &  Co., 

1  all  over  the 
liaving-  made 
J  theiu  to  the 


t.  Two  pub- 
n  March  and 
buyers  from 
md  America, 
ion,  and  lias 
.  tlie  marliet, 
tlie  dressing 
is  the  choice 


igr  upon  the 
divided  into 
[i  catcli,  tlie 
tch.  Small 
tlie  Lobos 
ns  arriving 
he  market, 
ins  of  seals 
ea,  and  the 
and  Bering 

mals  which 
ti  Columbia 


the  skins 
known  to 
ig  sources: 
the  North- 
following 

rht  on  the 
I  past  the 
by  depon- 
each  yoar 
gregate  of 
dusive,  as 

what  are 
as  Copper 


and  Bering  Islands.  All  the  skins  so  eaught  have  been  sold  by  de- 
ponent's tinii  in  the  city  of  Lfuulon,  and  the  total  nund)er  of  such 
*'Copper"  catch  from  the  year  187i5  to  1802  ai)pears  upon  the  statement 
which  is  hereto  annexed  and  marked  Exhibit  B,  showing  the  total  so 
sold  during  such  years  of  7(»8,09G  skins. 

The  "Nortliwest"  catch,  being  the  skins  of  seals  caught  in  the  open 
sea  either  of  the  Pacitic  Ocean  or  of  the  J>ering  Sea.  These  skins  were 
originally  caught  exclusively  by  the  Indians  and  by  residents  of  the 
colony  of  Victoria  and  along  the  coast  of  the  British  Possessions.  A 
statement  of  the  t(ttal  nund)er  of  the  catch  from  the  year  1<S(>8  to  1884, 
inclusive,  is  appended  hereto  and  marked  Exhibit  C,  showing  a  total 
of  153,348.  That  statement  is  divided  into  three  heads:  First,  the 
salted  "N(U-thwest"  coast  skins;  second,  the  dried  "Northwest"  coast 
skins,  both  of  which  were  mainly  sold  through  deponent's  llrm  in  London ; 
and  third,  salted  "No)thwest"coastskins,  dressed  and  dyed  in  London, 
but  not  sold  there.  It  will  be  noticed  that  in  the  years  1871  and  1872 
an  unusually  large  proportion  of  dried  skins  appear  to  have  been  mar- 
keted. Those  skins  were  purchased  in  this  year  from  the  Kussian 
American  Company,  which  was  the  lessee  of  the  Russian  Government 
on  the  Pribilof  Islands  prior  to  the  cession  of  Kussian  America  to  the 
United  States.  Those  skins  had  been  accumulated  by  the  Kussian 
Company  and  sold  when  the  Americans  took  possession.    For  the  years 

1871  and  1872,  therefore,  the  suri)lus  skins  over  the  average  for  the 
other  years  should  be  rejected  in  a  computation  of  the  general  average 
of  seals  killed  during  the  years  from  1808  to  1884,  inclusive. 

From  the  year  1885  to  the  year  1891  the  number  of  skins  included  in 
the  "Northwest"  catch  enormously  increased,  and  a  stater  !nt  of  such 
skins  is  hereto  annexed  and  marked  Exhibit  D,  showing  a  total  of 
331,902,  and  is  divided,  like  the  statenient  marked  ExIiibitC,  into  three 
heads:  The  salted  Northwest  coast  skins,  the  dry  Northwest  coast 
skins,  and  the  malted  skins  dressed  and  dyed  in  London,  but  not  sold 
there.  The  uuijority  of  the  lirsl  two  classes  were,  as  in  the  previous 
case  sold  by  deponent's  firm.  The  great  majority  of  these  skins  appear- 
ing in  the  last-mentioned  statement  are  the  skins  caught  by  vessels 
sent  out  from  the  Canadian  provinces;  many  also  by  vessels  sent  out 
from  San  Francisco,  Port  Townsend,  and  Seattle;  and  a  few  from  vessels 
sent  out  from  Yokohama;  the  majority,  however,  are  sui)posed  to  have 
been  caught  by  vessels  sent  out  from  British  harlM)rs.  A  large  num- 
ber of  the  skins  in<;luded  in  Exhibit  D  have  been  consigned  to  C.  M. 
Lampson  and  Co.,  by  the  tirm  of  Herman  Liebes  «&  Co.,  of  San  Fran- 
cisco. In  estinuxting  the  total  number  of  the  "Northwest"  catch  it 
should  also  be  mentioned  that  something  like  30,000 skins  belonging  to 
that  catch  have  been  dressed  and  dyed  in  the  United  States,  which 
have  not  gone  to  London  at  all. 

Besides  the  "Alaska,"  "Cop])er,"  and  "Northwest"  skins  there  are 
also  a  certain  number  of  skins  arriving  in  London,  known  as  the 
Lobos  Island  skins,  although  the  same  are  not  handled  by  the  firm  of 
C.  M.  Lampson  «&  Co.;  but  the  total  number  of  which,  from  the  year 

1872  to  the  year  1891,  inclusive,  is,  as  appears  from  the  catalogues  of 
sales,  247,777.  The  Lobos  Island  skins  are  those  of  seals  killed  on  the 
Lobos  Island,  belonging  to  the  Kepublic  of  Uruguay;  and  deponent  is 
informed  and  believes  tliat  there  is  no  o])ensea  sealing  in  the  vicinity 
of  such  island,  and  that  the  animals  are  protected  on  the  island  as  they 
are  on  the  Kussian  and  Pribilof  Islands,  by  prohibition  from  the  kill- 
ing of  females  and  limiting  the  number  of  males  killed  in  each  year. 
A  statemeut  of  the  seals  killed  on  Lobos  Island  is  hereto  annexed  and 


538 


IN   THE   PRESENT. 


marked  Exhibit  E,  from  which  it  appearH  tliat  thore  is  arefriilar  nntinal 
8ui)ply  obtained  from  that  source,  which  shows  no  diminution. 

There  are  also  a  certain  number  of  skins  sold  in  London,  obtained 
from  lookrries  at  or  near  the  Cape  of  Good  Hope,  the  exact  number  of 
which  deponent  is  not  able  to  state,  but  which,  he  is  informed,  shows 
a  steady  yield. 

The  statements  marked  A,  B,  0,  D,  and  E,  hereunto  appended,  have 
been  cai'efuUy  prepared  by  me  personally,  and  the  figures  therein  stated 
have  been  comi^iled  by  me  from  the  several  sale  catalogues  of  C  M. 
Lampson  &  Co.,  and  others  from  my  private  books,  which  I  had  kept 
during  all  the  years  covered  by  the  statements;  and  I  am  sure  that 
those  statements  are  substantially  accurate  and  truly  state  the  respec- 
tive numbers  of  the  skins  caught  and  sold  which  they  purport  to  state: 

Alfred  Fraser,  p.  558.  Exhibit  A. 

Salted  Jlanka  fur-seal  sold  in  London. 


H 


Tear. 

Skins. 

Yefir. 

RkiiiB. 

1              Year. 

1 

Skins. 

1870 

9, 905 
10(l,*^'.Hi  , 
96,28;t  : 
101.248  1 
00,150 
9!),  6:i4 
90, 2(i7 
75,410  ' 
99,911 

1879 

100,0.16 
100,161 
go,  921 
100, 100 
75,914 
99, 887 
90,  719 
09,910 
90,940 

1888 

100,000 

1871    .• 

1880 

1889 

100.  000 

1872 

18H1 

1890 

20,094 

1873 

1882 

1 

*4, 158 

1874 

188',) 

1891 

13, 473 

1S7,'> 

1884 

Total  ... 

1870         

IKSS        

1, 877, 977 

1877 

1880 

1878 

1887 

'Food  HkiDB. 

Alfred  Fraser,  p.  559.  Exhibit  B. 

Salted  Copper  Island  fur-seal  sold  in  London, 


> } 


Yfiir. 


1872. 
1873. 
1874. 
1S75. 
1870  . 
1877. 
1878. 
1879. 


Skins. 


7, 182 
2I.G14 
30,  310 
34.470 
33, 298 
25. 380 
19,  000 
28, 211 


Year. 


1880 
1881 
1882 
1883 
1884 
1885 
1880 
1887 


Skins. 


38, 885 
48, 209 
39,111 
30.  500 
26, 075 
48. 929 
41, 752 
54,584 


Year. 


ISS8 

1889 

1800 

1891 

1892 

Total 


Skins. 


46, 3,13 
47.416 
95,480 
17, 025 
30,  678 


768, 096 


ExHiniT  C. 
Salted  Xorihwest  Coast  fur-seal  skins  sold  in  London  prior  to  pelagic  sealing  in  Bering  Sea, 


V'J 


tm 


>s. 


1872. 
1873  . 
1874. 
1875. 
1876. 


Year. 


Skins. 


Year. 


1,029  1877. 
1878. 
1870  . 
1880  . 
1881. 


4, 94!) 
1,640 
2,042 


Skins. 


264 

12, 212 

8,939 

9,897 


Year. 


1882 

1«8L< 

1884 

Total 


Skins. 


11,727 
2,319 
9,242 


04.366 


gn^AT  anTiTial 

tioii. 

Ion,  obtain  e<l 

ct  nninber  of 

(lined,  shows 

tended,  have 
liertnn  Htatod 
fues  of  C.  M. 
Ii  I  had  kopt 
fim  sure  tliat 
e  the  lespec- 
port  to  state: 


Sliins. 

100,000 

100. 000 

20,094 

•4, 158 

13,473 

1,877,977 

Skins. 



46, 3,13 
47.416 
95,486 
17,025 
30, 678 

768,096 

I  ill  Bering  Sea. 


Skins. 

11,727 



2,319 
9,242 

64,366 

SOURCES   OF   SUPPLY. 


539 


Salted  Northtoe$t  Coant  fur-seal  skins,  dressed  and  dyed  in  London  {hut  not  lold  there), 
taKen  prior  to  pelagic  sealing  in  Hering  Sea. 


Year. 

Skins. 

Totir. 

Skins. 

Year. 

Skins. 

1872. 

609 

40 

122 

57H 

1,  062 

1877  . . 

772 
2,434 
2.  307 
4,  r>C2 
5,890 

1882 

1883 

11,159 

1871 

1,'<78 

0,  3.'<5 

1H74 

1K70 

1884 

10, 115 

IS"") 

|>S0 

Xotal 

ISTO 

1881 

46,  215 

Dry  Northwest  Coast  fur-seal  skins  sold  in  London  prior  to  pelagic  Healing  in  Bering  Sea. 


Year. 

Skins. 

1                 Year. 

Skim. 

Year. 

SI,  ins. 

lam 

2,141 

1,071 

684 

12,405 

14, 584 

801 

1874 

3,772 

1,351 

903 

1,173 

912 

818 

1880 

1869 

1875 

1881 

080 

1870 

187(1 

1882 

321 

1871 

1877 

1H83 

390 

1872 

1878 

1884 

785 

1873 

1879 

Total 

42,  767 

Of  the  skins  sold  in  1871  and  1872  a  very  large  proportion  wore  the  acciinmhition 
of  the  Kns.sinn  American  Company  and  sold  by  them  alter  the  purchase  of  Aluuka 
by  the  United  States. 

RECAPITITLATrON. 


Ssltpd  skins  sdIiI  in  London 

Salted  skins  drcHsed  nnd  dyod  in  London. 
Dry  skins  sold  in  London 


Grand  total. 


Year. 


1872-1884 
18721884 
1868-1884 


Sliins, 


04,  3C6 
ir.,215 
42, 767 

153, 348 


ExiiiniT  D. 


Alfred  Fraaer,  p.  5(30. 


Dry  Northwest  Coast  fur-seal  skins  sold  in  London  after  commencement  of  pelagic  sealing  in 

Bering  Sea, 


Vcnr.                   Sl^ins.                     Year.                    Skins.  [ 

Year.                    Skins. 

188.5         1,520 

1SS8 

1,2.'>2 
2--'8 
699 

1801 

1  083 

laafi             ;         979 

1880 

Total 

1887 2,843  , 

1               1 

1890 

8,604 

Salted  Xorthtrenf  Coast  fur-seal  skinsdressed  anddried  in  London  (hut  not  sold  there),  taken 
after  the  commencement  of  pelagic  sealing  in  Bering  Sea. 


Year. 

Skins. 

Year. 

Skins. 

Year. 

Skins. 

1885 

16, 067 
15,087 

1887 

3,589 
1,930 

1889 

2,017 

1886                         ...     . 

1888 

Total 

39,  290 

In  addition  to  above  it  is  eatimated  that  from  25,000  to  30,000  skins  have  been  dreaaed  and  dyed  in 
the  United  Slates. 


540 


IN   THE   PRESENT. 


Salted  Northtcent  C(}a$t  fur-teal  skliitaohl  in  London  after  eommenoement  of  pelagic  tealinf/ 

iu  Jiering  Hea. 


Year. 

Skina. 

2.078 
17,  IK)9 
30,  tK)7 
36, 818 

Year. 

Skina. 

39, 563 
38,:il5 
64,180 

1882*... 

IT  oar. 

Skiua. 

188,5 

1889 

28,298 

\Mt\ 

IHIIO 

18^7 

18U1 

Tol 

al 

254,  (i68 

1888 

•  To  date. 
KECAl'ITUI.ATrON. 

Year. 

SkloH. 

Dry  Hkiiis  hmIcI  in  Lodd 
Siiftcd  skiim,  (lii'.sscd  ii 
Salted  nkiiiH,  dicHHcd  u 
Baltud  hUIiih  Hold  in  Im 

1885-1891 
188,V188B 
lRH,'i-1889 
1885-1892 

8,004 

id  dyed  i"  l.tindcin,  l>iit  not  sidd  tli 
id  dyed  lu  tlie  United  Slutes,  eatii 
udon  .•■•■■-■•■•■•••••■•>•■••••«■•• 

39, 290 

iHtud 

3(),  000 
254,008 

.....■•■. 

331,962 

£.\iiimT  K. 
Salted  Lohoa  Island  fur-seal  sold  in  London. 


Your 

SkiUH. 

Year. 

Skins. 

Ycir. 

Skins 

1873 

6. 0.IC 
8.  5(1!) 
8, 179 
ll,:i5:i 
13,  (160 
12,  301 
12,  29-. 
14,805 

1881 

13,509 
13. 200 
12,861 
10, -.'58 
10.  9:.3 
13,067 
11,008 
20, 747 

]8,S!) 

8,755 

1874 

1882 

i   1890 

18  541 

1875 

1883 

18!ll 

15.  834 

187(1 

1884 

,  1892*  

4.800 

1877 

1885 

Total 

1878 

1880 

247,777 

1879 

1887 

1880 

1888 

*  To  diito. 

That  the  history  of  tho  f'ur-soiil  skin  busiiies.s  and  Ihe  sources  of  its 

supply  have  been  fully  and  correctly  described 

565  ■^"'"i^'""''  P-  by  .leponeut's  partner,  Mr.  Eniil  Teichinann,  and 

flyj'O  ent  was  ])r"sent  at  the  time  when  the  de])o- 
sition  of  Mr.  Teichmami  was  dictated  to  the  shorthand  writer.  The 
principal  present  souics  of  the  8ui)ply  of  the  seal-skin  market  are 
what  are  known  as  tlie  Ala.ska  catch,  the  Copper  Isl  nds  catch,  and 
what  is  known  as  the  Northwest  catch.  As  stated  by  Mr.  Teichinann, 
the  skins  of  these  several  catches  are  readily  distinguished  from  each 
other,  and  sei»arate  sets  of  forms  or  patterns  are  used  by  deponent's 
firm  in  sorting  and  sizing  the  skins  of  the  three  catches.  These  ditter- 
ences  are  emphasized  by  the  fact  that  the  skins  of  the  three  catches 
are  of  diiferent  values  and  i)roduce  in  the  market  dift'erent  prices. 

The  skins  of  the  Alaska  and  Coiiper  Islaiid  catch  are  almosj  ex(;lus- 
ively  skins  of  male  seals  and  the  skins  of  the  Northwest  capture  are 
in  like  manner  largely  the  skins  of  female  seals.  What  is  now  called 
the  Northwest  catch  was  for  many  years  known  as  the  Victoria  catch, 
and  prior  to  1884  the  skins  of  this  catch  came  to  the  London  market 
consigned  largely  by  the  firm  of  Hermann,  Liebes  &  Co.  to  the  de- 
ponent's firm  and  averaged  for  many  years  about  10,000  or  12,000  skins 
per  year.    In  1884  the  skins  of  this  catch  began  to  increase  largely  in 


of  pelagic  iealinff 


Skiua. 

28  2M 

254, 008 

rear. 

SkioH. 

W5-1891 
Wr.  1889 
<Hr)-188» 
J8J-1892 

8,004 

39, 200 

30, 000 

254,008 

831  962 

Kkliis. 

8, 755 
18,641 
15.  h;14 

4.800 

247,777 

V 


mrces  of  its 

described 

imaiin,  and 

in  the  dei)o- 

riter.    The 

market  are 

catch,  and 

Teichniann, 

from  esich 

deponent's 

hese  differ- 

ree  catches 

prices. 

ios|  ex(;lus- 

3apture  are 

now  called 

oria  catch, 

Ion  market 

to  the  de- 

2,000  skins 

s  largely  in 


SOURCES  OF  SUPPLY. 


641 


nnmbcr,  and  the  numbers  which  since  that  year  have  ar*  ed  in  the 
London  marki't  are  stated  with  snbstantial  accuracy  upon  tiie  lists  an- 
nexed to  the  afhdavits  of  my  iiaitners,  Messrs.  Fraser  &  Teichinann.. 

The  skins  which  have  come  to  the  London  market  within  the  last  few 
years  have  been  principally  what  are  known  as 
the  Alaska  catch,  the  Copper  Island  catch  and  halter  K.  Martm, p. 5^9. 
the  Northwest  catch.  Small  supplies  are  also  ob- 
tained from  the  Lobos  Islands,  Cape  tlorn,  :uid  Australasia,  but  the 
skins  £ot  from  last  three  mentioned  localities  jilay  an  inconsiderable 
part  in  the  business.  That  the  great  majority  of  the  skins  comin;^  into 
the  market  are  known  us  the  Alaska,  the  Copper  island,  and  the 
Northwest  skins. 

That  from  about  the  year  1879  down  to  the  present  time  the  principal 
fur-seal  skins  coming  to  the  London  market  have 
been  what  are  known  as  the  Alaska  catch,  being      Henry  Poland,  p.  571. 
the  skins  of  fur-seals  killed  upon  the  I'ribilof 
Islands,  in  the  Bering  Sea.  the  Copper  Islands  cat^'h  being  the  skins  of 
fur-seals  killed  upon  the  K.ommandorski  and  Kobben  Islands  of  Russia, 
aiiti  what  are  known  as  the  Northwest  catch.    Until  within  two  or  three 
years  ago  a  very  considerable  number  of  skins  also  arrived  on  the  Lon- 
don market,  amounting,  perliaps,  to  several  thousand  annually,  which 
were  known  as  Japanese  skins. 

That  later  on,  from  the  year  1878,  we  have  noticed  in  the  London 
market  seal  skins  called  Victoria  or  Northwest 
coast  skins,  the  quantity  of  which  is  variable,  but     Ldon  UMlion,  p.  589. 
which  has  continually  increased  until  last  year, 
when  the  total  quantity  was  held  at  80,000  skins. 

That  we  have  often  heard,  and  from  ditierent  sources,  that  these  last- 
named  skins  [Victoria  or  Northwest  coast  skins]  are  in  the  majority  the 
skins  of  the  female  seal.  The  thinness  of  the  hair  ui)on  the  ilanks  seems 
to  confirm  this  assertion,  although  it  is  impossible  for  us  to  test  the 
absolute  truth  of  this  statement  for  ourselves,  for  when  the  seals  have 
been  dressed  the  signs  of  the  mammals  disappear.  At  any  rate  the 
employment  of  these  skins  is  much  less  advantageous  to  or.r  business 
because  there  is  a  great  predominance  of  small  skins,  which  are  evi- 
dently those  of  young  seals  which  are  not  killed  by  the  companies  which 
have  the  concessions  for  the  Alaska  and  Copper  sealskins.  More- 
over, these  Victoria  or  Northwest  coast  seal-skins  are  riddled  with  shot, 
which  very  materially  depreciates  their  value,  while  the  seals  of  both 
the  Alaska  and  Copper  companies  are  killed  by  a  blow  of  a  club  upon 
the  head,  which  does  not  at  all  impair  the  quality  of  the  skin  as  regards 
its  ultimate  uses. 

That  the  fact  that  the  annual  production  of  Victoria  or  Northwest 
coast  skins  has  in(!reased  in  proportion  as  the  Alaska  skins  has  dimin- 
ished seems  to  indicate  that  if  fewer  Northwest  coast  animals  had  been 
killed  the  quantity  of  Alaska  skins  would  not  have  diminisijod. 

That  for  many  years  last  past  the  skins  arriving  in  the  market  have 
been  principally  what  are  known   as,  first,  the 
Alaska  skins,  which  are  the  skins  of  seals  Uilled      Geo.  i?»ce,  j). 572. 
upon  the  Pribilof  Islands  in  the  Bering  Sea;  sec- 
ond, what  are  called  the  Copper  Island  skins,  which  are  the  skins  of 
seals  killed  on  the  Russian  islands  in  the  Bering  Sea;  and  third,  what 


iti 


542 


IN   THE    PRESENT. 


are  called  the  Northwest  catch,  which  are  the  skins  of  seals  killed  in 
the  north  part  of  the  Pacific  Ocean,  or  in  the  Berinf?  Sea.  A  large 
proportion  of  the  Northwest  catch  of  skins  have  passed  through  dei)o- 
nent's  hands  for  some  years  last  past,  and  last  year  he  handled  nearly 
the  whole  of  the  Northwest  catch. 

Besides  those  three  last-mentioned  classes,  the  Alaska,  Copper,  and 
Noithwest,  a  certain  number  of  seal-skins  also  come  to  the  London 
market  from  southern  waters,  notably  Lobos  Island  and  Cape  Horn, 
but  the  skins  from  these  localities  ai'e  relatively  much  less  important 
than  the  skins  of  the  Northern  Pacific  regions. 

That  for  many  years  last  past  the  fur-seal  skins  coming  on  the  Lon 
don  market  have  been  known  as,  first,  the  Alaska 
Wm.C.B.  Stamp,p.575.  catch,  which  are  the  skins  of  seal  killed  upon  the 
Pribilof  Islands  situated  in  the  Bering  Sea;  sec- 
ond, the  Copper  Island  catch,  which  are  the  skins  of  seals  killed  on  the 
Rommondorski  and  Robben  Islands  in  the  Itnssian  waters.    The  Bob- 
ben  Island  skins  were  formerly  separated  from  the  Kominondorski  Is- 
lands and  were  of  inferior  quality,  and  it  is  only  within  tlie  last  eight  or 
ten  years  that  the  liobben  Island  skins,  whicli  are  inconsiderable  in 
number,  have  been  presumably  mingled  with  the  skins  of  seals  caught 
on  the  Coi)por  Islands  and  included  in  the  term  "  Copper  catch ; "  third, 
the  Northwest  catch,  which  are  skins  of  seals  killed  in  the  open  Pacific 
or  Bering  Sea. 

There  are  known  to  the  trade  in  purchasing  raw  fur  skins  from  the 

North  Pacific  and  Bering  Sea  three  different  va- 

B.  H.  Sternfdsip.  522.  rietics — the  Coi)per  Island  skins,  the  West  Coast 

skins,  which  are  those  shot  and  and  caught  by 

hunters  in  the  water,  and,  third,  those  taken  from  the  Pribilof  Islands. 

The  most  valuable   are  those  taken  from  Pribiiof  Islands,  and  the 

next  are  the  C(>i)per  Island  skins,  and  those  of  least  value  are  what  is 

known  as  the  West  Coast  catch.    The  latter,  while  of  the  same  nature 

and  from  the  same  herd  as  those  on  the  Pribilof  Islands,  are  of  less 

value  because  many  of  tliem  are  caught  out  of  season.    The  skins  are 

stagy  and  are  full  of  holes  from  being  shot.     A  number  of  them  are 

cows  in  milk,  and  the  fur  on  the  belly  is  very  much  less  valuable  on 

that  account. 


Third.  That  for  many  years  last  past  the  skins  of  fur-seals  actually 
EmiiTeichiann,p.518.  coming  into  the  niarkets  of  the  world  have  been 
derived  from  the  iollowing  sources: 

I.  The  Lobos  Islands  skins,  which  are  the  skins  of  seals  caught  upon 
the  islands  of  that  name,  situated  off  the  Kiver  Platte  and  belonging 
to  the  Bepublic  of  Uruguay.  These  skins  are  consigned  by  the  persons 
having  tlie  contract  to  tako  ♦^hem  with  the  Republic  of  Cruguay  to  Boul- 
cher,  Mortimer  &  Co.,  of  London,  by  whom  they  are  sold  through  Goad, 
Rigg  &  Co.,  and  catalognos  of  the  last-mentioned  finn  are  published 
and  have  been  inspected  by  de;»onent  from  time  to  time  as  imblished. 
Tlie  total  number  of  skins  de'ived  from  this  ."<(mrce,  as  api>ears  from 
an  ins|)ection  of  such  catalogues,  are,  during  the  years  187.'i  and  18!>2 
inclusive,  set  forth  a(!curately  in  the  paper  which  is  annexed  hereto  and 
marked  Exhibit  A. 

II.  Cape  Rom  skins. — Prior  to  the  year  1876  a  small  number  of  skins 
are  supposed  to  have  been  obtained  from  this  locality.  They  are  not 
classified  in  our  books  or  catalogues,  nor  in  the  books  of  any  other  per- 


sals  killed  in 
}a.  A  large 
lonjjh  depo- 
udled  nearly 

Coi)per,  and 
the  London 
Cape  Horn, 
18  important 


on  the  Lon 

;,  the  Alaska 
led  npon  the 
\\g  Sea;  sec- 
iilled  on  the 
1.  The  Kob- 
ondorski  Is- 
last  eight  or 
isiderable  in 
seals  caught 
.tch;  "third, 
open 


SOURCES   OF   SUPPLY. 


543 


^ucilic 


ins  from  the 

different  va- 

West  Coast 

caught  by 
ilof  Islands, 
ds,  and  the 

are  what  is 
^anie  nature 

are  of  less 

e  skins  are 
)f  them  are 
valuable  on 


s  actually 
have  been 

iinght  npon 

belonging 

the  persons 

lay  to  Boul- 

Dugh  Goad, 

published 

l)ublished. 

>ears  from 

;i  and  181)2 

hereto  and 

)er  of  skins 

ley  are  not 

other  per- 


sons or  firms,  so  that  they  can  not  now,  from  examining  the  books  and 
catalogues,  be  readily  identified  or  separated  from  skins  coming  from 
other  southern  localities,  but  from  the  year  1876  down  to  the  present 
time  they  have  been  so  classified,  and  a  large  number  have  l)een  sold 
by  deponent's  firm.  A  stateiuent  of  the  skins  obtained  from  Cape  11  oiu 
is  hereto  appended  and  marked  Exhibit  B.  The  number  of  skins  de- 
rived from  this  locality,  as  appears  by  that  statement,  fluctuated  very 
largely  in  number,  and  I  am  informed  that  the  reason  for  sucli  fluctua- 
tion is  that  the  seals  from  which  the  skins  are  obtained  are  killed 
mostly  upon  land,  and  that  the  weather  in  that  part  of  the  world  is 
so  severe  that  it  is  at  times  impossible  to  effect  a  landing  upon  or  near 
the  rookeries.  So  far  as  deponent  knows,  there  is  no  prote(ttion  of  any 
kind  for  seals  at  Cape  Horn  other  than  that  wliich  is  afforded  by  the 
difficulty  of  landing  in  order  to  kill  the  seals,  in  consequence  of  the 
heavy  weather. 

III,  Cape  of  Good  Hope. — From  this  locality  a  small  but  steady  num- 
ber of  skius  have  been  obtained  during  many  years  last  past.  These 
skins  are  not  consigned  to  deponent's  tirni,  but  to  other  persons  in  Lon- 
don whose  catalogues  are  published,  and  have  been  examined  from 
time  to  time  by  deponent;  and  deponent  is  informed  and  believes  from 
such  examination  of  catalogues  that  the  number  of  skins  obtained  from 
this  8(mrce  have  been  for  the  last  few  years  abcmt  5,000  per  annum. 

Deponent  understands  that  the  seals  from  which  these  skins  are 
obtained  are  likewise  killed  mostly  ujton  land,  and  he  is  also  informed 
that  some  regulations  for  the  protection  of  seal  life  at  the  Cape  of  Good 
Hope  by  regulating  the  killing  of  seal  in  that  colony  of  the  Cape  of 
Good  Hope  have  been  established  by  the  government  of  the  said  c(»l(»ny, 
but  what  those  regulations  are,  if  any  such  exist,  deponent  is  not  in  a 
position  to  state. 

In  addition  to  the  supplies  from  the  above-mentioned  sources,  from 
1,000  to  2,000  skins  are  obtained  annually  in  Australasia,  which  includes 
New  Zealand. 

IV.  The  ])rincipal  sources  of  supply  for  the  market  at  the  present 
time,  and  for  many  years  last  past,  are  the  fol- 
lowing. Eviil  Teichmann,p.  578. 

(a)  What   are    known    as   the  Alaska  catch, 

which  are  :.;ie  skins  ox  male  seals,  killed  ui)on  St.  Paul  and  St.  Georges 
Islands  in  ^'le  Bering  Sea. 

(b)  The  Copper  catch  which  come  from  the  seals  killed  upon  the 
Russian!  slunds  of  Copper  and  Bering,  called  the  Conunander  Islands, 
which  are  located  in  the  liussian  ])art  of  Bering  Sea,  and  also  the  Bob- 
ben  Island,  in  the  Okhotsk  Sea,  all  which  are  also  the  skins  of  male 
seals. 

(c)  The  Northwest  catch,  These  are  the  skins  of  seals  caught  in  the 
open  North  Pacific  and  Bering  Sea. 

Deronent  further  says  that,  commercially  sjieaking,  the  seal  skins 
now  coming  upo?.  the  markets  of  the  world 
are  obtained  princi))ally  fromthreecatehes,  known  c.  A.  iVHUams,  p.  537. 
as  the  Copper,  the  Alaska,  and  the  Northwest 
catches.  The  first  includes  the  skins  taken  by  the  Russian  Sealskin 
Company  from  the  Ii^lands  of  Copper  ami  Bering,  known  as  the  Com- 
mander Islands;  also  from  Rob))en  Island  in  the  Ohkotsk  Sea.  The 
Robben  Island  skins  differ  from  those  of  the  Commander  Islands.  The 
Alaska  a  ch  'icludes  the  seais  killed  upon  the  Pribilof  Islands  by  the 
lessees  of  bue  United  States,  and  the  Northwest  catch  includes  the  seals 


544 


IN  THE   PRESENT. 


caught  in  the  open  Pacific  and  Bering  Sea,  exclusively,  by  what  are 
known  as  poaching  vessels,  and  are  distinguished  from  the  Alaska  catch 
by  the  fact  that  tliey  are  all  pierced  by  bullet,  buckshot,  or  spear,  and 
are  almost  all  females. 

The  seal  life  of  to-day  available  for  commercial  purpo&os  is  centered 
in  three  localities. 

(1)  The  Lobos  Islands,  situated  in  the  mouth  of  the  river  La  Plata, 

owned  and  controlled  by  the  Uruguay  Kepublic 
C.  A.  Williama,  p.  542.  and  by  that  Government  leased  to  private  parties 
for  the  sum  of  .|(>,(M)0  per  annum  and  some  stipu- 
lated charges.    The  annual  i)roduct  in  skins  is  about  12,000. 

Tlie  skins  are  of  rather  inferior  quality.  Insnfhcient  restrictions  are 
placed  upon  the  lessees  in  regard  to  tlie  number  of  skins  x)erinitted  to 
be  taken  annually,  consequently  there  is  some  waste  ot  life;  neverthe- 
less, the  measure  of  protection  allowed  has  insured  the  preserv^atioii  of 
the  "rookery,"  and  will  continue  so  to  do. 

(2)  Kommandorski  Couplet,  which  consists  of  the  islands  of  Tonper 
and  Bering,  near  the  coast  of  Kamchatka,  in  that  pert  ou '-  T  "ring 
Sea  pertaining  to  Russia.  These  islands  yield  about  ^v),!-.;*  aki'i.  i)er 
annum  of  good  quality,  and  are  guarded  by  carefully  rest,  ictie  rules 
as  to  the  killing  of  seal,  analogous  to  the  statutes  of  the  United  States 
relative  to  the  same  subject. 

The  right  to  take  seals  upon  them  is  leased  by  the  Russian  Govern- 
ment to  an  association  of  American  citizens,  who  also  hold  the  lease 
of  the  islands  belonging  to  the  United  States,  and  are  thus  enabled  to 
control  and  direct  the  business  in  fur-seal  skins  for  the  common  adv;in- 
tage  and  benefit  of  all  parties  in  interest.  These  islands  can  hardly  be 
said  to  have  been  "  worked"  at  all  for  salted  seal  skins  prior  to  the  ces- 
sion of  Alaska  by  Russia  to  the  United  States,  and  the  United  States 
Government  now  profits  by  the  industry  to  the  extent  of  the  duty  of  20 
per  cent  collected  on  the  "dressed  skins"  returned  to  this  country  from 
the  Londcm  market.  From  1873  to  1887,  inclusive,  this  return  has 
been  121,275  skins. 

(•5)  The  Pribilof  group  consists  of  the  islands  of  St.  Paul  and  St. 
Geoige,  and  is  a  Government  reservation  in  that  part  of  Bering  Sou 
ceded  to  the  United  States  by  Russia,  together  with  and  a  part  f 
Alaska.  So  exhaustive  an  account  of  these  islands  and  their  seal  liie 
has  been  given  by  Mr.  H.  W.  Elliott,  special  agent  of  the  Trt.'sury 
DepartnuMit  in  1874,  and  since  intimately  connected  with  the  Snnth- 
sonian  Institution,  wlticli  account  has  been  made  a  i)art  of  Tenth  Census 
Re])ort,  that  it  would  be  intrusive  here  to  attempt  to  supplement  aught, 
and  therefore  only  generalizations  based  on  said  report,  and  such  state- 
ments of  life  and  procedure  on  the  islands  to-day  are  presented  as  umy 
be  pertinent  in  this  connection. 

These  islands  are  places  of  annual  resort  for  the  hirgest  herd  of  fur 
seal  the  world  has  ever  known,  and  tli'j  only  one  of  git^t  importun  a 
now  existing.  After  most  careful  examination,  M*.  Elliott  estini;C'' 
their  numbers  at  over  4,000,000.  After  a  thorough  study  of  the  iiii 
ences  which  act  for  or  against  the  increase  or  diminution  of  the  life  «>f 
this  vast  body,  taking  into  account  the  killing  of  100,000  annually  for 
their  skiuvs,  Mr.  Elliott  says:  "I  have  no  hesitation  in  saying  quitecon- 
fldently  that  uiuler  the  ]iiesent  rules  and  i  ijulatitJii.^  governing  the 
sealing  interest  on  these  isliinds,  the  incrci,  •.'  or  tlu*  .inninution  of  the 
life  wfil  amount  to  nothing j  that  the  sttiJ^;  will  cc  .iu;.o  ior  all  time 


,  by  what  are 

Alaska  catch 

or  spear,  aud 


;8  is  centered 

ver  La  Plata, 
nay  liepublic 
livate  parties 
(1  some  stipu- 

m. 

strictions  are 
permitted  to 
fe;  neverthe- 
eservatiou  of 

ids  of  •'o'lper 
ou  '  ;  T  "ling 
>ii"  .ihi'i ,  per 
t-'ii'.tve  rules 
Juited  States 

si  an  Govern- 
)ld  tlie  lease 
IS  enabled  to 
iimoii  a(lv;in- 
nm  hardly  be 
or  to  the  ces- 
nited  States 
10  duty  of  20 
ountry  from 
return  has 

ml  and  St. 

Beiing  Sea 
id  a  i)art  f 
leir  seal  liio 
le  Trtjsury 

the  Smith- 

enth  Census 

DCiit  aught, 

such  state- 
iited  as  may 

herd  of  fur 
iniportiii!  a 
est!  m;)  re*' 
)f  the  iiiJ 
t'  the  life  (>i 
mnnally  for 
S  qnitecon- 
oniiii};  the 
ution  of  the 
or  all  time 


SOURCES   OF   SUPPLY. 


645 


about  the  same  number  and  condition."  It  goes  without  saying  that  if 
new  influences  for  destruction  are  brought  in,  seal  life  would  be  dimin- 
ished in  proportion  to  the  effectiveness  of  said  influences. 

Exhibit  B. 
[From  0.  M.  Lampaon  &  Co.  to  C.  A.  Williams,  Angnst  22,  1889.] 

London,  64  Queen  Street,  E.  0., 

August  33,  1S88. 

Dear  Sir  :  We  beg  to  acknowledge  receipt  of  your  favor  of  the  10th 
instant,  intlosingdraftof  apaper  tobe  submitted 
to  Congress  on  merchant  marine  and  fisheries.  C-  -4.  Williams,  quoting 

We  have  read  the  paper  with  a  great  deal  of  J- ^'-  ^«'''i'«o"  4'  Co.,  p. 
interest  and  consider  that  it  places  the  natter  in 
a  thoroughly  impartial  way  before  its  readers.  It  has  been  so  care- 
fully prepared  and  goes  into  all  details  so  fully  that  we  can  add  but 
little  to  it.  There  are,  however,  one  or  two  points  to  which  we  beg  to 
draw  your  attention,  and  which  you  will  find  marked  in  red  ink  on  the 
paper. 

When  spe.iking  of  the  supply  of  fur-seal  skins  we  would  suggest 
mentioning  the  following  localities: 

(1)  Cape  of  Good  Hope. — From  some  islands  off  this  cape,  under  the 
protection  of  the  Csipe  Government,  a  yearly  supi)ly  of  from  5,000  to 
8,000  skins  is  derived.  All  these  skins  come  to  the  London  market-, 
part  of  them  being  sold  .at  public  auction,  the  remainder  being  dressexl 
and  dyed  tor  account  of  the  owners. 

(2)  Japan. — The  supply  from  this  source  has  varied  very  much  of 
late  years,  amounting  sometimes  to  15,000  skins  a  year,  at  others  to 
oidy  5,000.  Last  year,  we  understand,  the  Japanese  Government 
passed  stringent  laws  prohibiting  the  killing  and  importation  of  seals, 
with  the  view  of  protecting  seal  life  and  encouraging  rookeries,  and  the 
consequence  has  been  that  this  year  very  few  skins  have  come  forward. 

(3)  Vancouvers  Island. — For  many  years  past,  indeed  long  before  the 
formation  of  the  Alaska  Company,  regular  supplies  of  fur-seals  in  the 
salted  and  parchment  state,  have  come  to  the  London  market,  killed 
mostly  off  Cape  Flattery.  The  quantity,  we  should  say,  has  averaged 
at  least  10,000  per  annum.  This  catch  takes  place  in  the  months  of 
March  and  April,  and  we  believe  that  the  animals  from  which  these 
skins  are  derived  are  the  females  of  the  Alaska  seals,  just  the  same  as 
those  caught  in  the  Bering  Sea. 

Had  this  quantity  been  materially  increased  we  feel  sure  that  the 
breeding  on  the  Pribilof  Islands  would  have  suffered  before  now;  but 
fortunately  the  catch  must  necessarily  be  a  limited  one,  owing  to  the 
stormy  time  of  the  year  at  which  it  is  made  and  the  <langerous  (roast, 
where  the  seals  only  for  a  short  time  are  found.  It  must,  however,  be 
evident  that  if  these  animals  are  followed  into  the  Bering  Sea  and 
hunted  down  in  a  calm  sea  in  the  quietest  months  of  the  year  a  prac- 
tically unlimited  quantity  of  females  might  be  taken,  and,  as  you  say, 
it  would  be  only  a  few  years  till  the  Alaska  seal  was  a  thing  of  the 
past. 

Yours,  very  truly, 

0.  M.  Lampson  &  Co 

C.  A.  Williams,  Esq., 

New  London* 

35  BS  • 


546 


IN   THE   PRESENT. 


I  hereby  append  to  and  make  a  part  of  this  affidavit  a  table,  marked 

A,  giving  the  number  of  seals  killed  each  day  on 

Cha8.  J.  Goff,p.  113.     the  island  of  St.  Paul  during  the  years  1S89  and 

1890  up  to  the  20th  day  of  July. 
I  also  append  to  and  make  a  part  of  this  affidavit  a  table,  marked  B, 
showing  the  killing  of  seals  on  the  island  of  St.  Paul  up  to  July  20,  for 
the  years  1870  to  1890,  inclusive,  compiled  from  the  records  kept  at  the 
Government  house  on  St.  Paul  Island. 

A. — Table  ghowing  the  killing  of  fur-aeals  on  St.  Paul  Island  up  to  July  SO,  1890,  by  the 

North  American  Commercial  Company. 

/ILLAQE  KILLING  GROUKD. 


Dat«. 

Number 
killed. 

Date. 

Niinilier 
kUled. 

la  J. 

Juno    ..             .-...•■■•>••■••■•«•>•.•■ 

201 

120 

947 

782 

340 

895 

1,161 

1,561 

253 

1.353 

2,578 

979 

1,314 

311 

1,349 

1,038 

isno. 

Juno    6 

n 

116 

10            

574 

12 

13 

132 

u 

16 

317 

15 

17 

167 

17    

18..   .              .            ... 

274 

18 

20 

339 

19 

21 

292 

20 

23 

S"! 

22 

24 ..     . 

4og 

24 

25 

266 

25 

26 

117 

26 

27 

396 

27 

28 

206 

28 

30 

209 

29        .     .              

Total 

July     I 

2 

4, 402 

Xotal 

15, 162 

J-nly    1 

1,023 
834 
1,841 
1,716 
1,255 
1, 302 
814 
1,314 
654 
2,004 
1,006 
3,085 
1,911 
1,931 
2,046 
2,017 
1.913 

246 

^  2 ;::::":::::: :...:.:::::: 

242 

8 

3 

183 

4 

4 

494 

6 

6 

526 

6    

7 

411 

8      

8 

201 

9 

9 

163 

10  

10 

378 

12    

12 

633 

13     

13 

211 

15  

14 

104 

16 

15 

315 

17 

17 

872 

18 

18 

236 

19 

19 

556 

20 

20 

780 

Total 

Total 

26,666 

6,111 

in 


table,  marked 
d  eacb  day  on 
ears  lh8l)  and 

>le,  marked  B, 
to  July  20,  for 
lis  kept  at  the 


ly  SO,  1890,  by  the 


Number 
killed. 



lie 

574 
132 
317 
167 
274 
339 
292 
521 
426 
266 
117 
306 
206 
2(19 

4. 402 

OAR 

242 
183 
494 
526 
411 
261 
163 
378 
633 
211 
104 
315 
872 
236 
556 
780 


6,111 


DEPENDENCE  ON  ALASKAN  HERD.  547 

A. — Tabic  showing  the  killing  of  fur-seah  on  St.  Paul  Island,  etc. — Coutinuotl. 
NORTHEAST  POINT  KILLING  GROUND. 


Date. 


1880. 

Juue  17 

18 

19 

21 

24 

25 

20 

27 

28 

29 

July     1 

2 

4 

6 

6 

8 

9 

10 

13 

15 

16 

17 

18 

19 

20 

Total 


Number 
killed. 


Date. 


1,054 

1,270 
404 

1, 205 
754 

1,407 
441 
844 
479 
335 


1, 2lt0 

968 

1,559 

1,  .')24 

376 

914 

641 

800 

793 

1,838 

1,156 

948 

1,282 

834 

243 


15, 076 


1890. 

June  17 

1« 

20 

21 

.     23 

24 

25 

27 

28 

30 

Julv     1 

2 

3 

4 

5 

7 

8 

9 

10 

13 

15 

16 

17 

18 

19 

20 

Total 


Xiiinbcr 
killed. 


16 

78 
438 

90 
17!) 
205 
l(il> 
230 

79 

08 

131 
96 
180 
321 
74 
336 
379 
271 
112 
658 
245 
312 
485 
405 
440 
556 

5,007 


RECAPITULATION. 

Total  number  of  fur-seal  killed  by  lessees  on  St.  Paul  Island  from  June  1  to  July  SO. 

1889 65,180 

1890 17,105 

B. — Table  shoiving  the  befjinning  of  each  sealing  season  on  the  islands  of  St.  Paul  and  St. 
George  from  1870  to  1890,  inclusive,  and  the  number  of  fur-seals  accepted  by  the  lessees 
up  to  July  20  of  each  year. 


Year. 


1870. 

1871  . 

1872  . 

1873  . 
1874. 
1875. 
1876. 
1877. 
1878. 
1879  . 
1S8U. 

1881  . 

1882  . 
1883. 
1884  . 
1885. 
1886. 
1887. 
1888. 
1889. 
1890  . 


St.  Paul. 


Seasim 
began— 


June  1 
1 
3 
3 
1 
3 
4 
8 
2 
1 
0 
2 
4 
3 
3 
4 
1 
2 
1 
6 


Skinx  ac- 
cepted. 


29,  788 
65, 499 

68,  o;t5 
88,  058 
8o,  i!90 

69,  ;i67 
58,  732 
78,  570 
80,  572 
80, 000 
80.  000 
80,  UOO 
00,  tOl 
8;),  0'.t2 
70,4.=>l 

72,  120 
77,  389 

73,  808 
a8,  485 
16,833 


St.  George. 


Season     Skins  ac- 
bej;aa —      ceptod. 


June    4  I 

!! 

1  : 
10 

>  I 

V 

4  , 
1  I 
> 

e  I 
4  ; 
a 


12,  604 
21,503 
17,  302 

8, 554 
10,000 
10, 000 
15,000 
10,700 
20, 509 
20, 000 
20, 0(10 
20,0110 
11,12:1 
11,152 
15, 000 

13,  335 
13,  :ihl 
13, 187 
13, 138 

4,  \i-i 


Total 
skins  ac- 
cepted. 


42, 392 

87, 062 
85,  397 
90,012 

93,  890 
79,  307 
73,  732 
95,  379 

101,141 
100,  000 
100.000 
100. 1100 
71.224 

94,  2.(4 
85.  451 
(i5,  455 
90,  770 
80. 9P5 
78.  H23 
20,945 


548 


IN   THE   PRESENT. 


Max  Heilhronner,  p.  117. 

SEALSICIN  KECORD  OV  ST,  PAUL  ISLAND,  ALASKA,  1871  TO  1889. 

Showing  the  dates,  the  rookeries  from  %oh%ch  the  stals  were  driven,  and  the  number  killed 
from  each  drove,  except  that  the  catch  at  Northeast  Point  is  entered  weekly,  iiilhout 
detiynating  the  particular  part  of  that  rookery  from  which  the  animaU  were  driven. 


1871. 


May   15.  Reef  and  Tolsfoy 175 

24.  Jicef 243 

June    1.  'I'olstoy 578 

2.  Reef 220 

B.  Reef 904 

6.  English  Bay 1,  680 

9.  Southwest  Hay 9G9 

10.  Southwest  liay 1,730 

13.  Reef 861 

15.  Eu^'lish    Bay    and  Tol- 
stoy   1,130 

18.  Reef 1,387 

20.  Southwest  Bay 1,009 

20.  Southwest  Bay 901 

22.  Lukanau 1,2}<3 

23.  Tolstoy 495 

24.  Reef 791 

24.  Northeast  Poiut 2,  653 

27.  Eu>;lish  Hay 259 

28.  Euulish   Bay    and    Tol- 

stoy    2,128 

29.  Reef'. 1,006 

30.  Tolstoy 274 

July    I.Tolstoy 914 

3.  Northeiist  Point 2,038 

5.  Reef  and  I/Ukiuiau 808 

6.  Reef  aud  Lukaiuiu 2,  815 

7.  Reef 1,187 

8.  Reef 731 

17.  Zoltoy 1,029 

21.  I.ukiiuau  aud  Tolstoy  ..  1,922 

22.  Northeast  Poiut 3,  352 

22.  Ketovy 778 

24.  Zoltoy 1,172 

26.  Lukauan 1,788 

28.  Northeast  Point 3,836 

28.  Tolstoy 1,3  8 

31.  Lukauan 650 

Aug.  n.  Zoltoy 205 

18.  Zoltoy 150 


Aug.  24.  Zoiio^ 122 

29.  Zoltoy .53 

Sept.  4.  Ketovy 18!» 

11.  Zoltoy 158 

13.  Northeast  Poiut 52 

18.  Zoltoy 105 

26.  Zoltoy 77 

Oct.     2.  Lukimau i33 

9.   Halfway  Poiut 1   117 

10.  Ketovy' 1,300 

11.  English    Bay   and    Tol- 

stoy    1, 300 

13.  English   Bay    and    Tol- 

stoy    1,326 

14.  Reef 825 

I'p.  Lukauii    631 

17.  Reef 683 

19.  English    Bay   aud    i'ol- 

stoy    1, 157 

12.  English    Bay   and    Tol- 

stoy    2,  154 

17.  Northeast  Point 1,490 

18.  Northeast  Poiut 732 

19.  Northeast  Point 1,436 

21.  English    Bay   and    Tol- 
stoy    3,412 

25.  Euglish    Bay   aud    Tol- 
stoy    2,181 

27.  Reef 712 

27.  Ketovy 1,420 

28.  Reef/. b76 

28.  Northeast  Poiut 3,032 

28.  Engl ish  Bay 2, 987 

Nov.    6.  Reef 718 

16.  Euglish  Bay 501 

Dec.  19.  Reef 644 

30.  English  Bay 486 

77, 620 


10  1880. 

the  number  Mlled 
d  weekly,  iiithout 
»  were  driven. 


122 

5;{ 

18!) 

ir)cS 

it 52 

105 

77 

j33 

b :  117 

, 1, 300 

iind    Tol- 

1, 300 

and    Tol- 

1,326 

81';-) 

631 

, (583 

aud    I'ol- 

1,157 

and    Tol- 

2,154 

it I,4!t0 

It 732 

it 1,43« 

and    Tol- 

f 3, 412 

land    Tol- 

2,181 

712 

1, 420 

<i76 

t 3,032 

2, 1)87 

718 

501 

, 644 

, 486 

77, 620 


W^% 


DEPENDENCE    ON    ALASKAN    HERD.  549 

Seal-skia  record  of  St.  Paul  Island,  Alaska,  1871  to  1SS9,  etc. — Continued. 


1873. 


May  14. 

24. 

June  1. 

3. 

5. 
10. 
11. 
12. 
13. 
14. 
14. 
15. 
17. 
ID. 
20. 
21. 
21. 
22. 
24. 
27. 
28. 
28. 
28. 
29. 
July    2. 

5. 

5. 

6. 

9. 
12. 


May  23. 

23. 

June  3. 

4. 

6. 

11. 


12. 
14. 
14. 
17. 
17. 
17. 
20. 
21. 
23. 
23. 
25. 
27. 
28. 
28. 

1 

2. 

3. 

4. 

6. 

6. 


Reef 

Heef 

Reef 

Tolstoy 

Reef 

TolHtoy 

Southwest  Bay 1, 

Reef 

English  Bay 1, 

Tolstoy  and  Lukanaii...     1 

Northeast  Point 4, 

Reef 

Zoltoy 

Hnglish  Bay 2 

Reef  and  Zoltoy 1, 

Lukauan 1, 

Northea.st  Point r>, 

Lukauan  

Reef  anil  Zoltoy 

English  Hay 4, 

Tolstoy 1, 

Lukauan  

Northeast  Point ."», 

Lukanan  

Zoltoy  1 

English  Bay 3 

Northeast  Point .'>, 

Zoltoy 1, 

iMiglish  Bay 3 

Lukauan  and  Zoltoy 2, 


227 

4.55 
7.-)l» 
278 
293 
209 
607 
662 
730 
018 
003 
702 
3S8 
8i'6 
166 
702 

on 

.-)21 
•110 
(115 
315 
318 
109 
798 
8:!9 
259 
117 
610 
135 
060 


July  13. 

15. 

16. 

18. 

19. 

19. 

22. 

25. 

25. 

2ft. 
Aug.    6. 

14. 

16. 

19. 

29. 
Sept.  6. 

13. 

20. 

10. 

22. 

28. 

29. 

31. 

31. 

29. 
5. 
6. 


Oct, 


Nov 
Dec, 


English  Bay 2,319 

Zoltoy 1,  133 

Halfway  Point l,6,-.9 

English  liav 2,313 

Northeast  Point 4,  204 

Lnkanan 836 

Zoltoy 628 

Zoltoy  1,369 

English  Bay 2,  070 

Zolfov 10 

Zoltoy 119 

Zoltoy 87 

Nortlieast  Point 20 

Zoltoy 112 

Lukanan 151 

Lukii..aii 55 

Lnk.iiian 29 

Lnk.uian 11 

Lnkanan 10 

Lukanan 17 

Kngiish  Bay 1,  2.".5 

English  Bay  and  l.'t'cf  ..  664 

English  r.a'v  and  K'eef  ..  11 

Northeast  Point 1,680 

Tolstoy 395 

Reef 66 

TolBtoy  .391 


75, 352 


1873. 


July 


Southwest  Bay 96 

Reef 188 

Reef  and  Tolstoy 796 

Southwest    Bay 700 

Reef  and  Tolstoy 910 

English    and  Southwest 

Bays 2,415 

Reef  and  Zoltoy 1, 656 

English  Bay 2,016 

Northeast  Point 3,243 

Tolstoy 1,7.58 

Reef  and  Zoltoy 455 

Lukanan 663 

Southwest  Bay 3,910 

Zoltoy 6.50 

Tolstoy 1,  787 

Northeast  Point 3, 410 

English  Bay 3,137 

Reef  and  Lukanan 2. 191 

Zoltoy 1,112 

Northeast  Point 5. 020 

Tolstoy 1,838 

Zoltoy  and  Lukanan ....  2, 322 

English  Bay 1,927 

Zoltoy 2,194 

Zoltoy 693 

Northeast  Point 4,  C62 


July 


Aucr, 


Sept 

Oct. 
Dec. 


7. 

9. 

9. 
14. 
15. 
16. 
17. 
18. 
19. 
19. 
21. 
22. 
23. 
23. 

4. 
13. 
19. 
25. 
,  1. 

9. 
25. 

9. 
20. 
30. 


Zoltoy  and  Lukanan 1, 

English    Bay 2. 

Northeast  Point 1, 

Tolstoy 

Zoltoy 1, 

Lukanan 1, 

English  Bay 1, 

Zoltoy 

Lukanan  and  Zoltoy 1, 

Northeast   Point 5, 

English  Baj' 

Lnkanan  and  Zoltoy 1, 

Lnkanan  and  Zoltoy 

Northeast  Point ". 2, 

Zoltoy 

Zoltoy 

Zoltoy 

Lukanan  

Tolstoy 

Tolstoy 

Tolstoy 

Tolstoy 

Tolstoy 

Tolstoy 


502 

'185 

614 

917 

228 

540 

553 

925 

015 

696 

752 

926 

446 

725 

173 

144 

65 

72 

47 

25 

11 

135 

3.55 

242 


75, 437 


550 


IN  THE   PRESENT. 


Seal-i^kin  record  of  St,  Paul  Itland,  Alaska,  1871  to  1889,  etc.— Continued. 


1874. 


April  27.  Northoast  Point 14 

May     6.  Soutlieast  Bay 4^ " 

19,  Reef 3M 

25.  Reef 303 

30.  Reef 217 

June    3.  English  and  Soutliwcst 

Bays 2,391 

3.  Roof 538 

4.  English  Bay  and    Tol- 

stoy    556 

6.  Northeast  Point 4,0li2 

8.  Reef  and  Zoltoy 638 

9.  English  and  Southwest 

Bays 1,897 

10.  Tolstoy 634 

11.  Reef 540 

13.. English  and  Southwest 

Bays 1,982 

13.  Tolstoy 620 

13.  Northeast  Point 4, 724 

15.  Reef  and  Zoltoy 889 

17.  English  Bay  and    Tol- 

stov 2,689 

17.  Zoltoy 474 

18.  Southwest  Bay 1,665 

19.  Southwest  Bay 1, 750 

20.  Tolstoy  and  Luckanan..  2,563 

20.  Zoltoy 470 

20.  Northeast  Point 7,212 

23.  Zoltov  and  Luckanan. .  3, 977 

25.  English  Bay 2, 688 

25.  English  Bay 580 

26.  Reef  and  Zoltoy 1, 913 

27.  Lukanan 1,321 

27.  Northeast  Point 8, 129 


Jane  30. 
July    1. 

3. 

3. 

4. 

4. 

6. 

8. 

9. 

9. 
10. 
10. 
13. 
14. 
15. 
16. 
16. 
17. 
17. 
23. 
28. 

5. 

"    10. 

17. 

24. 

Sept.   7. 

16. 

25. 

Oct.     1. 

19. 

29. 

Dec.   17. 


Aug. 


Tolstoy  and  Zoltoy  ....  1, 212 

English  Bay 2,208 

Zoltoy  and  Luckanan..  2,615 

Tolstoy 1,537 

Zoltoy  and  Lukanan...  536 

Northeast  Point 3, 01  i 

Tolstoy 1,364 

t:nglisli  Bay 2,702 

Zoltoy 1,987 

Luckanan  and  Tolstoy.  1,580 

Zoltoy 432 

Northeast  Point 3, 367 

Tolstoy  and  liUkanan . .  1, 664 

English  Bay 2,169 

Zoltoy 468 

Luckanan 1, 094 

Zoltoy 668 

Luckanan 527 

Northeast  Point 4, 004 

Zoltoy 127 

Zoltoy 165 

Zoltoy 110 

Zoltoy 104 

Zoltoy 124 

Zoltoy 116 

Zoltoy 91 

Zoltoy 108 

Zoltoy 117 

Zoltoy 44 

Reef 118 

Reef 196 

Beef 1,474 


92,221 


DEPENDENCE   ON   ALASKAN   HERD. 


551 


-Continued. 


Soltoy 1,212 

2,208 

uckanan..  2,615 

1,537 

lUkanan...  536 

iut 3,01t 

1,364 

2,702 

1,987 

id  Tolstoy.  1,580 

432 

int 3,367 

[iUkannn . .  1, 664 

2,169 

468 

1,094 

668 

527 

int 4,004 

127 

165 

110 

104 

124 

116 

91 

108 

117 

44 

118 

196 

1,474 


92,221 


Seal-skin  record  of  St.  Paul  Island,  Alaska,  1871  to  1889,  eto. — Continued. 


1S70. 


Jan. 

3. 

Feb. 

10. 

16. 

Mar. 

6. 

May 

6. 

ti. 

10. 

14. 

18. 

24. 

31. 

June 

1. 

2. 

5. 

7. 

8. 

10. 

12. 
12. 
14. 
15. 
16. 
16. 
18. 

19. 
19. 
21. 
22. 
23. 
24. 


Northeast  Point 25 

Northeast  Point 9 

Northeast  Point 6 

Nortlioast  Point 16 

Southwest  Bay 178 

Southwest  Bay 311 

Nortlieast  Point 9 

Nortlieast  Point 20 

Reef 143 

Keef 656 

Reef 492 

Tolstoy  204 

Southwest  Bav 1,198 

Zoltoy  and  Tolstoy  ....  692 
Zoltoy,    Tolstoy,    and 

Reef 710 

Southwest  and  English 

Bay 1,560 

Southwest  and  English 

Bay 1,456 

Reef  and  Zoltoy 631 

Northeast  Point 4, 052 

Tolstoy 739 

Halfway  Point 2,115 

Reef  and  Tolstoy 707 

Lukanan 452 

Southwest  and  English 

Bays 3,300 

Zoltoy 1,363 

Northeast  Point 5, 252 

Tolstoy  1,830 

Zoltov 1,149 

English  Bay 3,007 

Lukanan 262 


June  26.  Southwest  Bay 4, 036 

26.  Northeast  Point 7, 323 

28.  Reef  and  Zoltoy 1, 526 

30.  English  Bay 3, 925 

July     1.  Lukanan  and  Zoltoy.. .  2,534 

3.  Northeast  Point 5, 020 

6.  Zoltoy 1,248 

8.  EnglishBay 3,365 

9.  Tolstoy 2,097 

10.  Ketovy 1,125 

10.  Northeast  Point 5, 935 

13.  Zoltoy 1,565 

14.  Tolstoy 1,810 

14.  Ketovy 746 

15.  English  Bay 2,700 

16.  Zoltoy 1, 205 

17.  Northeast  Point 7, 439 

17.  Northeast  Point 27 

17.  Zoltov 637 

28.  Zoltov 159 

Aug.     4.  Zoltoy 235 

14.  Ketovy 191 

22.  Zoltoy 159 

2.  Zoltoy 101 

11.  Zoltoy 78 

22.  Zoltoy 41 

30.  Zoltov 63 

Oct.     12.  Zoltoy 55 

Nov.     5.  Reef 155 

18.  Tolstoy 1,985 

27.  Southwest  Bay 9 

90,036 


1876. 


Jan.  12.  Tolstoy  and  Southwest 

Bays 709 

May  23.  Southwest  Bay 897 

30,    Reef 223 

June    3.  Southwest  Bay 188 

6.  Reef 836 

6.  Reef 673 

7.  Tolstoy 468 

8.  Southwest  Bay 566 

10.  Zoltoy 173 

10.  Northeast  Point 1, 585 

12.  Zoltoy 808 

13.  Halfway  Point 811 

14.  Tolstoy 885 

15.  Zoltoy  and  Reef 624 

16.  Southwest  Buy 2,641 

17.  Northeast  Point 3, 120 

19.  Zoltoy 2,942 

21.  Tolstoy  Hill 3,161 

22.  Zoltov ! 480 

24.  Northeast  Point 6, 193 

24.  Southwest  Bay 4,503 

26.  Zoltoy 862 

28.  EnglishBay 3,017 

29.  Zoltoy 1,442 


July    1.  Northeast  Point 7, 000 

1.  Tolstoy  and  Middle  Hill.  4,495 

4.  Zolto  7  and  Ketovy 2, 644 

5.  Tolst-yy 2,846 

7.  EnglishBav 2,267 

8.  Northeast  Point 8,116 

8.  Lukanan 2,126 

10.  Zoltoy 2,039 

10.  Tolstoy 1,974 

21.  Zoltoy 53 

29.  Zoltoy 1,040 

A.ig.    2.  Tolstoy 2.139 

2.  Lukanan 1,538 

10.  Zoltov 120 

17.  Ketovy 129 

23.  Ketovv 207 

Sept.   1.  Zoltoy 163 

9.  Ketovy 50 

16.  Zoltoy 9 

Nov.  24.  Southwest  Bay 376 

25.  Southwest  Bay 127 

Dec.  14.  Tolstoy 575 

77,900 


552 


IN  THE   PRESENT. 


Seal-Bkin  record  of  St.  Paul  Island,  Alaska,  1871  to  1889,  etc.— Continued. 


1877'. 


M'  y  22. 
June   4. 


12. 
13. 
11. 

15. 
16. 
18. 
19. 
20. 
21. 
22. 
23. 
23. 
2.5. 
26. 
27. 
28. 
29. 
30. 


Reef 332 

Keof 546 

Soiitliwest  and  English 

Bay 796 

Southwest  and  English 

Huy 1,696 

Reef  and  Zoltoy 446 

Halfway  Point 1, 092 

Southwest  and  English 

Bay 1,6-17 

Tolstoy  and  Lukanan..  1,506 

Zoltoy 1,092 

Zoltoy 1,011 

Tolstoy  and  Middle  Hill  1, 458 

Southwest  Bay 1, 631 

Zoltoy  and  Lukanan  ...  1, 172 

Halfway  Point 1,224 

Tolstoy  and  Middle  Hill  1, 050 

Northeast  Point 5, 965 

Zoltoy 1,250 

Halfway  Point 430 

Tolstoy' and  Middle  Hill  2, 020 

Zoltoy  and  I^ukanan  ...  1, 396 

Engl  i'sh  Bay 2, 166 

Tolstoy  and  Middle  Hill  1, 915 


Juno  30. 
.July    2. 

3. 

5. 

6. 

7. 

7. 

9. 

10. 

10. 

14. 

27. 

6. 

11. 

20. 

30. 

Sept.  12. 

Nov.  18. 

27. 

29. 

Dec.  22. 


Aug. 


Northoast  Point 6, 449 

Zoltoy 1,849 

Tolstoy  and  Lukansin  ..  1,534 
English  Bay  an<l  Middle 

Hill 2,522 

Ketovy  and  Lukanan ...  2, 275 

Northeast  Point 5,660 

Zoltoy 1,113 

Zoltoy 495 

Tolstoy  and  Middle  Hill  2,086 

Northeast  Point 2,172 

Zoltoy 1,0(>6 

Zoltov 75 

Zoltoy 142 

Zoltoy 168 

Zoltoy 176 

Zoltoy 108 

Zoltoy 52 

Zoltoy 201 

Southwest  Bay 1,241 

South  west  Bay 339 

Northeast  Point 20 


61,584 


ISTS. 


May  20.  Seal  Lion  Rock 205 

30.  Southwest  Bay  and  Tol- 
stoy   708 

June  8.  Reef 857 

11.  Southwest  Bay  and  Tol- 

stov 2,407 

12.  Reef 556 

13.  Southwest  and  English 

Bays 1,098 

14.  Tolstoy 887 

15.  Ketovy  and  Zoltoy 1, 282 

17.  Tolstoy  and  Middle  Hill  1, 501 

18.  Southwest  and  English 

Bays. 2,271 

19.  Ketovy,    Lnkanan,   and 

Zoltoy 992 

20.  Tolstov  and  Middle  Hill  1, 731 

21.  Southwest  Bay 1, 457 

22.  Zoltoy  and  Lukanan...  1,309 
22.  Northeast  Point 5, 900 

24.  Halfway  Point 1,473 

25.  Tolstoy'and  Middle  Hill  1,5.52 

26.  Lukanan  and  Zoltoy  ...  1, 895 

27.  Southwest  and  English 

Bays 2,666 

28.  Ketovy  and  Zoltoy 1, 661 

29.  Tolstoy  and  Lukanan  ..  1,130 


Juno  29. 

July    1. 

2. 

3. 

4. 

6. 

6. 

6. 

8. 

8. 

9. 

10. 

10. 

12. 

13. 

16. 

17. 

18. 

18. 

30. 

.Aug.  10. 

Nov.  26. 

28. 

Dec.  14.' 


Northeast  Point 6, 375 

Halfway  Point 2, 237 

Zoltoy  and  Ketovy 3,  WY.i 

Lukanan 791 

Zoltoy  and  Ket  ovy 2, 010 

Tolstoy 2,622 

Zoltoy  and  Ketovy 1, 0:^6 

Northeast  Point 7,  231 

Halfway  Point 484 

Lnkanan  and  Ketovy. . .  885 

Zoltoy 2,288 

Zoltoy 916 

Northeast  Point 3, 322 

Tolstoy  and  Middle  Hill  3, 600 

Zoltoy 2,101 

Tolstoy 1,986 

Zoltoy 2,337 

Zoltoy 1,549 

Lukanan 272 

Zoltov 304 

Zoltoy 294 

Reef  and  Tolstoy 1,128 

Reef  and  Tolstoy 815 

Northeast  Point 183 


82,152 


DEPENDKNCE  ON  ALASKAN  HERD. 


653 


[Continued. 


Seal-skin  record  of  St.  Paul  Iiland,  Alaska,  1871  to  1889,  e(c.— Coatinuod. 


1870. 

May  20.  Southwest  and  English  <  Jnno  28. 

Bays 278 

26.  Reef 525              28. 

June    2.  Keof 162               30. 

7.  EnjrliHh  and  Sun  th  west  July    1. 

Bays 1,627                2. 

9.  Reef 434                3. 

10.  Halfway  Point 1,188                4. 

11.  Southwest  and   English  5. 

Bays 1,462                5. 

12.  TolNtoy 498                7. 

14.  Southwest  Bay  and  Mid-  8. 

die  Hill 997 

13.  Reef,    Zoltoy.  and    Ke-  9. 

tovy 7.30 

16.  Halfway  Point 522               10. 

17.  Southwest  liay  and  Mid-  10. 

die  Hill 1,331               14. 

18.  Reef,   Zoltoy,  and    Ke-  15. 

tovy 914               16. 

19.  Southwest  and  Enju;li8h 

Bavs 1,110              25. 

20.  Tolstoy  and  Middle  Hill.  1,176              29. 

21.  Lukanan,    Ketovy,   and  Aug.    2. 

Reef 1,053               11. 

21.  Northeast  Point 7,  .388               28. 

23.  Tolstoyand  Middle  Hill.  2,300     Nov.  13. 

24.  Southwest  and  Enj^lish  27. 

Bays 1,822     Deo.    6. 

25.  Reef,   Zoltoy,    and    Ke-  15. 

tovy 1,995              26. 

26.  Tolstoy,  Middle  Hill,  and  Aug.  20. 

Zoltov 1,!542 

27.  Halfway  Point 1, 940  | 


Lnkannn,    Ketovy,   and 

Zoltov ! 1,206 

Northeast  Point 7, 042 

Tolstoy  and  Middle  Hill .  L'.  (517 

Enjilish  Buy L',  MX 

Zoltoy  and  Ijikansm  ...  1,W5 

Tolstoy  and  Ketovy 1,!K{2 

KuKlinh  Buy 2,  KMi 

Lukiitiiin  and  Ketovy...  I.  KiX 

Northeast  Point ' U.  (IS3 

Tolstoyand  Middle  Hill.'  l,rc'X 
Lukiuian,    Ketovy,    and 

Zoltov 1,920 

Lnkanan,    Ketovy,    and 

Zoltoy 983 

Tolstoy 918 

Northeast  Point .">.  r)lt9 

Zoltoy 2,  052 

Zoltoy  and  Fve tovy 1, 283 

Tolstoy,  Middle  Hill,  and 

Lukanan 2,282 

Zoltoy 4.34 

Zoltoy 429 

Zoltoy 237 

Zoltoy 171 

Zoltoy 3 

Reef 70 

Reef 1()2 

Reef 815 

Reef l.lli 

Northeast  Point 02 

Zoltoy IJl 


81,004 


554  IN   THE   PRESENT. 

Sealskin  record  of  St.  Paul  Iiland,  Alatka,  1871  to  1889,  etc. —Continued. 


1880. 


May  14. 

22. 

liii. 

June   1. 

8. 

{». 

11. 

12. 

14. 
15. 
16. 

17. 

18. 

19. 
19. 

21. 
22. 

23. 
24. 

25. 

26. 

26. 
28. 
29. 


Sonthwost  nay 2()6 

UtMf 225 

NortheuHt  I'uiut 19 

Kcef 216 

SouthwoHt  Bay 1,496 

Xh'vX 926 

Toltttoy      and      Englisli 

Bay 884 

Soiithwent  and   Englisli 

BayH 762 

Halfway  Point 1,204 

Kec  1"  and  Z  o  I  toy 763 

Sonthwust  ami   KngliHb 

Bays 990 

Reef,    Zoltoy,   and   Ko- 

tovy 703 

Tolstoy     and      English 

Bay 1,618 

Northeast  Point 5,277 

English  Lay  and  Middle 

Hill 801 

lialfwav  Point 1,459 

llecf,    iioltoy,    and    Ke- 

tovy 1, 035 

Tolstoy  and  Middle  IHll .  1, 701 
Reiif,    Zoltoy,    and    Ke- 

tovy  .....' 1, 437 

English  Bay  and  Middle 

Hill 2,580 

Keiif,   Zoltoy,    and    Ke- 

tovy 1,062 

Northeast  Point 6, 201 

Halfway  Point 1, 514 

Zoltoy  and  Lukanan. ...  1, 743 


.June  30. 
.luly    1. 

2. 

3. 

3. 

5. 
5. 
6. 
7. 
8. 


10. 
10. 

12. 
13. 
14. 

15. 
It3. 
17. 
30. 
31. 
19. 
25. 


Aug, 
Oct. 
Nov.  29, 
Deo.  8. 
9 
81 


Tolstoy  and  Middle  Hill  2, 297 

Tolstoy  and  Middle  Hill .  1, 621 

English  Bay 2, 373 

Northoast  Point 7, 167 

Zoltoy,    Reef,    and    Ke- 

lovy 1,386 

Hallway  Point 789 

Lukanan  and  Ketovy  ...  651 

Zoltoy 1,577 

Tolstoy  and  Lukanan...  1,654 
Reef,  Ketovy,   and    Zol- 
toy    2,218 

Middle  Hill   and  Luka- 
nan   1,426 

Northeast  Point 7, 073 

Zoltoy,       Ketovy,      and 

Lukanan 1,221 

Zoltoy  and  Ketovy 817 

Tolstov  and  Middle  Hill.  1, 763 
Reef,  Zoltoy,  and  Luka- 
nan   2,638 

Middle  Hill  and  Ketovy.  1,  831 

English  Bay 2,461 

Zoltoy 531 

Zoltoy 228 

Zoltoy 218 

Zoltoy 351 

English             60 

English               480 

Reef 1,126 

Southwest  Bay 13 

>iortheaat  Point 125 


78,923 


Continued. 


rldlo  IFill  2,297 

iI«lloHill.  l.fii'i 

-••■•••-•  ^f  3to 

t 7,167 

and    Ko- 

1,386 

789 

ctovy...  Gni 

: l,r,77 

kaiinn...  1,654 
and   Zol- 

2,218 

id  Luka- 
1,426 

7,073 

'y>     and 

1,221 

vy 817 

die  Hill.  1,763 
d  Luka- 

2,638 

Ketovy.  ],83i 

2,461 

531 

228 

218 

351 

60 

480 

1,126 

13 

125 


DEPENDENCE   ON  ALASKAN   HERD.  555 

Seal-tkin  record  of  St.  Paul  Mand,  Alaska,  1871  to  1889,  e<o. -Continued. 


78,923 


1881. 


Jan. 


1 
3 

May  29 
June  6. 

7, 

9. 
10. 
14. 
15. 


16. 

17. 
18. 
20. 
21. 
22. 
23. 
24. 
24. 

25. 

25. 
27. 

28. 

29. 

30. 

July   1. 

2. 
3. 
4. 


Tolstoy  and  Roof 

Tolstoy 

Reef '.'.'.'.'.'.'.'.'. 

.  Keefiind  Zoltoy ......... 

.  English  and  SoutLwcHt 
Bays 

,  Reef ";;; 

,  Rocky  Point .'.['. 

■  Reef  and  Zoltoy 

English    and  SoutlnvcHt 
Bays 

Lnkanan,  Reef,  and  ZoV- 
toy 

Halfway  Point !'..'."'!!! 
Tolstoy  and  English  Bay. 

Zoltoy  and  Lnkanan 

Tolstoy  and  Middle  Hill. 
Tolstoy  and  English  Bay. 

Zoltoy 

Halfway  Point 

English  Bay  and  Middle 

Hill 

Middle    Hill,    LukaiiaiV, 

and  Zoltoy 

Northeast  Point 

English    Bay  and    i'ol"- 

stoy „ 

Southwest  and  English 
Bays 

Zoltoy  and  Lnkanan 

Zoltoy  and  L)ikanan 

Tolstoy,  Middle  Hill, 
and  Ketovy 

Halfway  Point 

Northeast  Point 

English  Bay  and  Middle 
Hill 


919 

July   5. 

122 

6. 

171 

421 

7. 
8. 

1,225 

8. 

149 

9. 

474 

105 

12. 

2,386 

13. 

723 

M. 

539 

15. 

1,225 

1,614 

16. 

1,491 

2, 058 

16. 

1, 163 

18. 

638 

19. 

2,438 

20. 

1, 275 

Aug 

.    1. 

4, 196  , 

1 

5. 
16. 

1, 252  : 

Nov 

5. 
16. 

1, 919  1 

17. 

1.601  1 

21. 

3,000  ' 

Dec. 

7. 
9. 

1,134 

943 

7,369 

2,286 


,  Zoltoy  ,ind  Ketovy 1,  ]29 

Englisli   and  South  wont 

Jiiiys 3,  1J7 

Tolstoy  nnd  Zoltoy l^  wh) 

Halfway  I'oint 1,118 

Northeast  Point 6,  371 

English  Bay  and  Midflle 

„."'" 2,630 

lolstoy,      Zoltoy,      and 

Lnkanan 3  073 

EngliHh  Bay  and  Mi.ldlo 

Hill 1^778 

English  Bay 1^  471 

Tolstoy,    Lukanan,    and 

,  Zoltoy 3,558 

liiikanan,    Ketovy,   and 

Zoltoy 71 J 

Northeast  Point ....  10 

Tolstoy,    Lukanan,    and 

Zoltoy 2  449 

English'  Bay .'.■'.;;;  2!  300 

lolstoy,    Lukanan,   and 

„  Zoltoy 2,5.30 

Z'>toy 3,3 

Zoltoy 224 

Zoltoy 247 

Middle  Hill  ..'.'.'.'.'..""  my 

Mid<ileHlll 669 

Tolstoy 41)0 

Middle  Hill ."[  .liji 

Southwest  Bay 1  oi« 

l^eet 1,^85 

82, 386 


556 


IN  THE   PRESENT. 


Seal  akin  record  of  St.  Paul  Itland,  Ala$lca,  1871  to  1889,  etc. — Continaed. 


1B8S. 


Jan.  12.  Sea  Lion  Rock 

77 

July 

1. 

Fob.    8.  Sea  Lion  Rock 

103 

3. 

10.  Sea  Lion  Rock . 

8 

4. 

May  22.  Tolstoy 

134 

22.  Northeast  Point 

54 

5. 

30.  Reef 

146 

6. 

June    2.  Soiitliwest  Bay 

400 

7.  Soiitliwest  Bay 

847 

7. 

8.  Reef  and  Zoltov 

428 

10.  Reef  and  Zoltoy 

488 

8. 

12.  Soiitliwest  Bay 

1,196 

8. 

13.  Halfway  Point 

217 

10. 

14.  Southwest  Bay 

803 

14.  Nortlieast  Point 

1,393 

12. 

16.  Zoltov      and      Halfway 

Point 

1,458 

13 

17.  Southwest  Bay  and  Zol- 

14 

toy  

1,070 

19.  Lukanan,    Ketovy,    and 

15 

Reef 

986 

15 

20.  Southwest  Bay 

2,010 

17 

21.  Tolstoy      and      Middle 

Hill 

652 

17 

22.  Reef,  Zoltoy,    and     Ke- 

18 

tovy 

1, 457 

19 

23.  Halfway  Point 

1,230 

24.  Tolstov      and      Mitldle 

20 

Hill 

1,083 

5,987 

Aug 

?5 

24.  Koitlicast  Point 

4 

26.  S>ii  111  west  Bay 

1,861 

14 

27.  J:ii}r]ish   Bay   and   Mid- 

Nov 

17 

dle  Hill 

2,654 
2,293 

Dec. 

30 

28.  Reef  and  Zoltoy 

6 

29.  Middle    Hill    and    Tol- 

12 

stfty 

1,791 

30.  Halt  way  Point 

1.497 

July    1.  Zoltoy 

1,021 

Nortlieast  Point B,  830 

Southwest  Bay 2,  520 

English  Bay  and  Middle 

Hill 2,037 

Zoltoy  and  Ketovy 1,  778 

Tolstoy,  Middle  Hill,  and 

Zolti)y 1,  241 

English  Bay  and  Middle 

Hill 1,373 

Halfway  Point 1,  977 

Northeast  Pt)int 5, 128 

Zoltoy,      Ketovy,    and 

Lukanan 2, 055 

Zoltoy,     K  tovy,      and 

Lukanan '. 1,928 

South  west  Bay 2,  700 

English  Bay  and  Middle 

Hill 2,503 

Northeast  Point 4, 037 

Zoltoy  and  Lukanan 1, 046 

Eu^ilish  Bay  and  Middle 

Hill 1,719 

Northoast  Point 874 

Zoltoy 923 

Zoltoy,     Ketovy,     and 

liUkanan 1,276 

Southwest  Bay 724 

Zcdtoy 204 

Zoltoy 251 

Zoltov    103 

Tolstoy  and  Middle  Hill.  161 

Tolstoy 803 

Reef 865 

Reef 398 

77, 798 


^^w 


lontinaed. 


fc 5,830 

2,520 

(1  Middle 

2,037 

ovy 1  778 

Hill,  and 

1,241 

d  Middle 

1,373 

1,977 

5,128 

y,    and 

2,055 

r,     and 

3,928 

2,700 

i  MiddJ.^ 

2,503 

4,037 

man 1  016 

\  Middle 

1,719 

874 

923 

^     a  n  d 

1,276 

724 

204 

251 

103 

lie  Hill.  161 

803 

865 

398 


DEPENDENCE    ON  ALASKAN  HERD. 

Seal-akin  record  of  St.  Faul  Island,  Alaska,  1S71  to  1889,  etc.— Continued. 


657 


1883. 


77,798 


Jan.  1. 
May  20. 
June   4. 

6. 

9. 
11. 
11. 
12. 
13. 
14. 
15. 
16. 
18. 
19. 

20. 

21, 

22. 

23. 
23. 
25. 

26. 
27. 

28. 

29. 

30. 

30. 

Jul^r     2. 

3. 


Northeast  Point 19 

Southwest  Biiy 227 

Tolstoy  and  Southwest 

Bay 590 

Halfway  Point 352 

Reef  and  Zoltoy 175 

Southwest    Bay 209 

Tolstoy  and  Middle  Hill  196 

Reef  and  Zoltoy 351 

Halfway  Porat 252 

Southwest  Bay 490 

Tolstoy  and  liukanan..  434 

Reef  and  Zoltoy 341 

Southwest  Bay 417 

Tolstoy,    Middle  Hill, 

and  English  Bay 734 

Halfway  Point  andLu- 

kanan 904 

Reef  and  Zoltov 955 

Middle    Kill  and    Eng- 
lish Bay 1,401 

Northeast  Point 3, 279 

Tolstoy  and  Lukanan..  1,078 
Enj-lish  Bay  and  Middle 

Hill 1,428 

Zoltoy  and  Lukanan...  838 
Southwest  aud  English 

Bays 1,638 

Tolstoy,   Lukanan,   and 

Zoltoy 1,607 

Middle  Hill  and  Zoltoy  1, 515 

Lukanan  and  Zoltoy...  1,191 

Northeast    Point 5, 012 

Halfway  Point 1, 699 

Southwest  Bay 2,151 


July    4.  Middle  Hill  and  Tolstoy  1,494 

5.  Reef,  Zoltoy,  and  Luka- 

nan   , 2,346 

6.  Middle  Hill  and  Zoltoy.  1,  7.^j 

7.  Zoltoy  and  Lukauau Mo't 

9.  Northeast  Point 5,0li6 

9.  Middle  Hill 1,161 

10.  Middle  Hill,  Tolstoy,  and 

Zoltoy 1,923 

12.  Lukanan   and    Halfway 

Point 1,657 

13.  Southwest  Bay 2,440 

14.  Middle  Hill  aud  Tolstoy  2,126 

16.  Mi<ldle     Hill    and  Eng- 

lish Bay 2,059 

17.  Halfway  Point  and  Zol- 

toy   1,115 

18.  So;itI.v/e8t  Bay 1,873 

19.  Midtlle   Hill,    Lukanan. 

aud  Zoltoy 1,782 

19.  Middle  Hill,    Lukanan, 

and  Zoltoy 101 

Aug.    1.  Zoltoy 190 

10.  Zoltoy 154 

20.  Zoltoy 197 

Sept.  1.  Zoltoy 112 

12.  Zoltoy 5;} 

Nov.  5.  Reef 174 

26.  Reef 155 

27.  Tolstov 84 

Dec.  12.  Reef 402 

19.  Beef 421 


if  . 


59,258 


658  IN   THE   PRESENT. 

Seal-akin  record  of  St.  Paul  Inland,  Alaska,  1871  to  1889,  etc. — Continued. 


18Q4. 


Jan     2. 

May  21. 

27. 

June   3. 

5. 

9. 

10. 
11. 

12. 

13. 
14. 

16. 
17. 
18. 

19. 

20. 
21. 
21. 
23. 

24. 

25. 
26. 

27. 

28. 

28. 
80. 

July    1. 

2. 


Reef 161 

Halfway  Point  and  Reef.  187 

Soutliwest  Bay  and  Reef.  427 

Reef 317 

Southwest  Bay  and  Tol- 
stoy    767 

Ilalfwav  Point  and  Reef.  1,238 

En^lisli  Bay 426 

Southwest  Bay  and  Half- 
way Point 1, 356 

Middle  Hill  and  Zoltoy  .  861 

Reef  and  Zoltoy 771 

Tolstoy  and  Halfway 

Point 837 

Sonth  west  Bay 1,  421 

English  B.ay  and  Reef ..  1,266 
Halfway     Point    and 

Ketovy 912 

English    Bay   and    Tol- 
stoy   486 

Southwest  Bay 1, 786 

Zoltoy  and  Kcef 1,115 

Northeast  I'oint 4, 074 

Halfway  Point  and  Zol- 
toy    2, 163 

Lukanan,  Reef,  and  Zol- 
toy   1,724 

Southwest  Bay 1,194 

English  Bay  and  Middle 

Hill  2,528 

Zoltoy,    Reef,    and    Ke- 
tovy    1, 827 

Tolstoy,    Mi<Idle    Hill, 

and  Lukauiin 1,500 

Northeast  Point 5,134 

Halfway  Point  and  Zol- 
toy   1,662 

Tolstoy,     Zoltoy,     and 

Lukanan 1,824 

English  Bay  and  Middle 

HiU 1,884 


July    3. 
4. 


5. 
7. 

8. 

9. 

9. 

10. 


12. 

14. 

16. 
16. 

17. 
18. 

18. 
19. 

21. 


Aug. 


1. 
5. 
12. 
19. 
26. 
Oct.  30. 
Nov.  10. 
24. 
5. 
24. 


Dec. 


Southwest  Bay  and  Zol- 
toy   1,336 

Middle  Hill,  Tolstoy,  and 

Lukanan '. 1,512 

Reef,  Zoltoy,    and    Ke- 
tovy   1,249 

Northeast  Point 5, 7i)9 

Halfway  Point 1, 934 

Reef,    Zoltoy,   and    Ke- 
tovy   2,067 

Southwest  Bay 1,  966 

Northeast  Point 3,  003 

English  Bay  and  Middle 

Hill 1,915 

Middle    Hill,   Lukanan, 

and  Zoltoy 3,072 

Halfway  Point  and  Zol- 
toy   2,515 

Southwest  Bay 2,049 

English  Bay  and  Middle 

Hill 1,523 

Lukanan  and  Zoltoy  ...  1, 777 
English  Bav  and  Middle 

Hill....: 1,866 

Northeast  Point 5, 089 

Middle    Hill,    Lukanan, 

and  Zoltoy 2,527 

English  Bay,  Zoltoy,  and 

Ketovy ' 1,907 

Zoltoy 229 

Zoltoy 89 

Zoltoy 65 

Zoltoy 84 

Zoltoy 57 

Zoltoy 53 

Tolstoy 115 

Tolstoy 108 

Zoltoy 487 

Reef 489 


84,733 


I 


CoQtinued. 


■  and  Zol- 

, 1,336 

Istoy,  and 

1,512 

and    Ke- 

1,249 

t 5,799 

1,934 

and    Ke- 

■ 2,067 

1,9(!6 

: 3,003 

i  Middle 

--, 1,915 

lUkanan, 

3,072 

iud  Zol- 

2,515 

2,049 

I  Middle 

1,523 

Itoy...  1777 
.  Middle 

1,866 

5,089 

ukanan, 

2,527 

toy,  and 

1,907 

2:^9 

89 

65 

84 

57 

53 

115 

108 

487 

489 

£4,733 


DEPENDENCE    ON   ALASKAN   HERD.  559 

Sealskin  record  of  St.  Paul  Island,  Alaska,  1871  to  1889,  etc.-Coutinued. 


1885. 


May    19.  Sea  Lion  Rock 

21.  Sea  Lion  Kock 

27.  Zoltoy 

June     3,  Reef 

6.  Reef \ 

11.  Reef  and  Zoltoy 

13.  Middle  Hill  audlVdstoy 

15.  Hallway    Point 

16.  Reef  and  Lnkanan 

17.  Southwest  Bay 

18.  English   Bay  and  Mid- 

dle Hill 

19.  Halfway      Point      and 

Lukanan 

20.  Reef  and  Zoltoy 

22.  Zoltoy  and  Lukanan... 

23.  Halfway  Point  and  Zol- 

toy   

24.  Southwest  and  English 

hays 

25.  Lukanan,      Reef,     and 

Zoltoy 

26.  Halfway   Point ' 

27.  Lukanan,    Zoltoy,    and 

Reef 

27.  Northeast  Point 

29.  Southwest  l$ay 

30.  English  Bay  and  Middle 

Hill 

July      1.  Zoltoy  and  Lukanan... 

2.  Middle  Hill  and  English 

Bay 

3.  Halfway  Point  and  Zol- 

toy  

4.  Lukanan  and  Zoltoy.. . 
4.  Northeast    Point 

6.  Southwest  Bay 

7.  English  Bay  and  Middle 

Hill 


127 
41 
136 
48 
73 
125 
587 
741 
971 
1,700 

617 

1,307 
986 
789 

1,142 

1,733 

1,679 
1,372 

1,328 
4, 970 
1,602 

2,681 
1,782 

1,456 

.  1,32 

ft7« 

4,  l.-)2 

1,271 

2,003 


July 


Aug. 


Sept. 

Oet. 

Nov. 


Deo. 


8.  Lukanan  and  Ketovy..  2  518 

9.  Middle   Hill i,  i«)2 

10.  Hal fway   Point 2!  302 

10.  Northeast  Point 3,1(16 

13.  Southwest  Bay 2' 132 

14.  English  Bay  aiid  Middle 

Hill 2,692 

15.  Zoltoy 2,138 

16.  Halfway     Point      and 

Lukanan 2  137 

17.  Zoltoy 2' 201 

18.  Reef  and  Middle  Hill. .  1,  552 
18.  Northeast  Point 4,160 

20.  Southwest  Bay \  5yo 

21.  Middle  Hill  and  English 

Hay 2,  720 

22.  Zoltoy,  Reef,  and  Luka- 

nan    2  739 

23.  Zoltoy  and  Middle  Hill  1^603 

23.  Northeast  Point 2  620 

24.  Halfway      P.)int     and  ' 

Middle  Hill 2  195 

25.  Middle  Hill,  Lnkanan, 

and  Zoltoy 2  212 

27.  Zoltoy  and  Ketovy 'yxH 

3.  Zoltoy 247 

12.  Zoltoy y,^ 

21.  Zoltoy ;;  i7,j 

5.  Zoltoy 44 

26.  Zoltoy ;;;;  53 

9.  English  Bay  and  Middle 

,,     ,    llill 330 

21.  Reef 144 

4.  Heef 3^3 

17.  Ueef 701 


;1 


85, 395 


Fm 


560 


IN  THE   PRESENT. 


Seal-tkin  rewrd  of  St.  raul  Island,  Alaska,  1871  to  1889,  «<o.— Continued. 


1886. 


Jan.    21.  Sea  Lion  Rock 83 

29.  South weat  Hay 49 

May    17.  Southwest      Bay     and 

Reef 300 

28.  Reef 153 

Jana    4.  Reef 561 

8.  Southwest     Bay      and 

Tolstoy 1,323 

9.  Halfway  Point 299 

10.  Reef  and  Zoltoy 633 

11.  Tolstoy 214 

14.  Lukiinan  and  Reef 427 

15.  Southwest  Bay 1,166 

16.  i'.nglish    Bay  and   Tol- 

stoy    8.50 

17.  Halfway  Point 833 

18.  Reef  and  Zoltoy 651 

19.  Tolstoy       and    Middle 

Hill 1,064 

19.  Northeast  I'oint 4,655 

21.  Southwest  Bay 1,890 

22.  English  Bay    and  Tol- 

stoy    1,006 

23.  Halfway  Point 1, 770 

24.  Zoltoy 1,555 

25.  Reef,  English  liay,  and 

Tolstoy 2,158 

26.  Northeast  Point 4,  295 

28.  Southwest  Bay 1, 070 

29.  English  Bay    and    Zol- 

toy    1,503 

30.  Halfway      Point      and 

Ljikanau 490 

July     1.  English  Bay    and   Tol- 
stoy   1,318 

2.  Southwest  Bay 856 

3.  Reef  and  Zoltoy 1, 259 

3.  Northeast  Point 4,544 

5.  English  Bay   and    Tol- 

stoy    1,161 

6.  Hal!  way  Point 942 


July     7. 

8. 
9. 


10. 

10. 
12. 
13. 

14. 

15. 

16. 
17. 

19. 
19. 
20. 

21. 

22. 

23. 

24. 

24. 
26. 


Aug. 

Sept. 
Oct. 
Nov. 
Deo. 


3. 
19. 

6. 
24. 
23. 

1, 
21. 


Reef,  Zoltoy,    and  Lu- 

kanan 1,967 

Southwest  Bay 1, 466 

English   Bay  and  Mid- 
dle Hill 1,562 

Reef,   Zoli  ly,  and    Lu- 

kanan 1,132 

Northeast  Point 4,822 

Halfway  Point 1,044 

Southwest     Bay      and 

West  Point 1,442 

English    Bay  and  Mid- 
dle Hill 1,074 

Reef,   Zoltoy,  and    Lu- 

kanau 1, 9.56 

Halfway  Point 937 

Southwest     Bay     and 

West  Point 2,055 

Northeast  Point 4,422 

Reef  and  Zoltoy 2,312 

English   Bay  and  Mid- 
dle Hill 3,140 

Halfway  Point 1, 475 

Southwest     Bay      and 

West  Point 2,015 

Reef,    Zoltoy,  and   Lu- 

kanan 3,147 

English  Bay  and  Middle 

Hill 1,624 

Northeast  Point 4, 186 

Southwest      Bay      and 

Halfway  Point 1,988 

Zoltoy 287 

Zoltoy 282 

Zoltoy    100 

Reef 143 

Reef  and  Tolstoy 665 

Reef 378 

Tolstoy 191 


84, 890 


Wi 


uontinned. 


and  Lu- 

1,967 

.V 1,466 

and  Mid- 
1,562 

and   Lu- 

1,132 

nt 4,822 

it 1,044 

fay      and 

1,442 

and  Mid- 

1,074 

and    Lu- 

1,956 

t 937 

lay     and 

2,055 

ttt 4,  4-'2 

>y 2,312 

and  Mid- 

3,140 

b 1.475 

ay      and 

2,015 

and   Lu- 

3,147 

d  Middle 

1,624 

It 4,186 

ay      and 

nt 1,988 

287 

282 

■ 100 

143 

oy 665 

378 

191 


DEPENDENCE   ON   ALASKAN   HERD.  661 

Sealskin  record  of  St.  Paul  hland,  Alaska,  187J  to  1889,  eto.-Continued. 


1887. 


May  25. 

June  6, 

9. 

11. 

13. 

15. 

16. 

17. 

20. 

20. 

22. 

23. 
24. 
25. 
25. 
27. 

28. 

29. 

30. 

Tuly   1. 

2. 

2. 

4. 

5. 

6, 
7. 
8. 
9. 
9. 


Reef  and  Southwest  Bav- 

Tolstoy 

Reef .■.'.'.■ 

Tolstoy 

South \ve,st  I$ay 

Reef  and  Zoltoy 

Halfway  Point 

'J'olstoy  and  English  Bay 

Southwest  Bay 

Reef  and  Zoltoy 

English  Bay  aiid  Luka- 
nan 

Halfway  Point ! 

lieef  and  Zoltoy 

Northeast  Point 

English  Bay  and  Tolstoy 
Southwest  Bay  and  West 

Point 

Zoltoy  and  Lukauan 

Tolstoy  and  Middle  Hill. 

Halfway  Point 

English  Bay 

Northeast  Point 

Reef  and  Zoltoy 

Tolstoy  and  Middle  Hill! 
Reef,  Zoltoy,  and  Luka- 
uan   

Halfway  Point 

English  Bay  and  Tolstoy 

Reef  and  Zoltoy 

Northeast  Point 

Southwest  liny 


275 

July.  12. 

419 

314 

13. 

501 

14. 

407 

15. 

526 

16. 

750 

16. 

765 

17. 

523 

18. 

1,641 

19. 

20. 

1,004 

21. 

1,314 

1,165 

22. 

4,891 

22. 

1,961 

23. 

1,180 

24. 

2,964 

Aug 

.    1. 

1,  895 

8. 

1,604 

16. 

1,162 

24. 

6,068 

Sept 

.  5. 

1,616 

15. 

1,703 

Nov. 

6. 
7. 

2,016 

25. 

990 

26. 

1,618 

Deo. 

9. 

1, 125 

15. 

5,717 

2,061 

^OB  d 


.  English  Bay  and  Luka- 

nan 2  593 

Reef,  Zoltoy,  and  Kotovy  3|o28 

Halfway  Point 1,201 

Tolstoy  and  Kotovy l'  298 

Reef  and  Zoltoy ygg 

Northeast  Point 6  324 

West  Point '017 

Southwest  Bay ',  2,105 

English  Bay  and  Tolstoy  2, 037 

Zoltoy  and  Lukauan 3, 294 

Halfway  Point  and  La- 

,,  g';?»  •- 1,397 

English  Bay  and  Tolstov  1, 876 

Northeast  Point '.  5, 505 

Zoltoy   and   Southwest 

Bay 2  22fi 

MiddieHiii ;;;;;:  '232 

Z«}t«'y 1G4 

Zoltoy jj^jj 

Reef  and  Lukauan 207 

English  Hay 511) 

MiddieHiii '  403 

^"Itoy 10(5 

'Zoltoy 65 

MiddieHiii 590 

Reef Y^ 

Tolstoy  and  .Middle  ilili.  I85 

Tolstoy  and  Middle  Mill.  445 
Sea  Lion  Rock  and  Soiith- 

WcatBay 167 

85,99() 


84,890 


562 


IN  THE   PRESENT. 


8eal-9kin  record  of  St.  Paul  Itland,  Alatha,  1871  to  1889,  efo.— Continned. 


1SS8. 


Jan.   25.  Northeast  Point ..  •. 

532 

July. 

10. 

May    19.  Tolstoy  and    Sea  Lion 

12. 

Rock 

122 

24.  Reef 

113 

13. 

28.  Reef 

82 

14. 

31.  Zoltoy 

290 

14. 

Jnne     2.  Reef 

121 

15. 

7.  Reef  and  Zoltoy 

175 

16. 

9.  Tolstoy 

342 

17. 

11.  Southwest  and  English 

18. 

bays 

927 

19. 

11.  Northeast  Point 

121 

12.  Enjutlish  Bay 

584 

«0 

15.  Halfway  Point 

428 

21. 

16.  Reef  and  Zoltoy 

788 

21. 

18.  Southwest  Bay 

764 

19.  English  Bay  and  Tol- 

23. 

stoy 

490 

21.  Reef  and  Zoltoy 

1, 308 

24. 

22.  Halfway  Point 

799 

25. 

23.  Northeast  Point 

5,562 

26. 

23.  English  Bay  and   Mid- 
dle Hill  

26. 

700 

25.  Southwest  Bay 

1,440 

27. 

26.  English  Bay  and  Mid- 

dle Hill 

1,158 

Aug. 

2. 

27.  R«'ef,  Zoltoy,  and  Luka- 

8. 

nan         

2,005 
911 

16 

28.  Hal  f way  Point 

23. 

29.  Soutli west  Bay 

1,098 

30.  Northeast  Point 

5,998 

25. 

30.  English  Bav  and  Mid- 

Sept 

6. 

dle  Hill 

1,625 

15 

July     2.  Reef,  Zoltoy,  and  Luka- 

Oct. 

27. 

naii 

2,071 

1,188 

Nov. 

H 

3.  Halfway  Point 

15. 

4.  Southwest  Bay 

822 

26. 

5.  English  Bay  and  Luka- 

30. 

nan 

1,942 
1, 491 

Deo. 

17 

6.  Reef  and  Zoltoy 

26. 

7.  Halfway  Point 

490 

7.  Northeast  Point 

7,054 

9.  Eiifflisli  BMyaiid  Lulca- 

uau 

2,398 

Reef  and  Zoltoy 1,083 

English  Bay  and  Luka- 

nan 1, 554 

Southwest  Bay 1, 337 

Northeast  Point 5,088 

Hal  fway  Point 773 

West  Point 480 

Reef  and  Zoltoy 2,  004 

Euglisli  Biiy 2, 054 

Southwest  Bay 2,  216 

Halfway    Point    and 

LnkiMian 1,410 

Zoltoy  and  Reef 2, 018 

Northeast  Point 5, 463 

Euglisli    Bay  and    La- 
goon    1, 347 

Reef,  Zoltoy,  and  Luka- 

nan 1,  269 

Halfway  Point 347 

English  Bay 1,  61 9 

Northeast  Point 3, 565 

Reef,  Zoltoy,  and  Luka- 

nan 1, 353 

Southwest  Bay  and  Zol- 
toy   950 

Zoltoy 177 

Zoltoy 110 

Zoltoy 15£ 

Middle  Hill  and  Luku- 

nau 362 

Zoltoy 321 

Zoltoy  44 

Zoltoy 14 

Middiellill 32 

Middle  Hill  and  Ztdtoy  126 

Zoltoy 277 

Zoltoy Ill 

Reef 127 

Tolstoy 190 

Sea  Lion  Rock 78 

84,116 


>'  1 


DEPENDENCE   ON  ALASKAN    HERD. 


563 


ontinned. 


Seal-tlcin  record  of  St.  Paul  Itland,  AUuka,  1871  to  1889,  etc.— Continned. 


1689. 


y 1,082 

id  Liika- 

1,554 

1,337 

t 5,088 

773 

480 

y 2,004 

2,054 

2,216 

Li  t    ail  il 

1,410 

f 2,018 

t 5, 463 

[ind    La- 

1,347 

id  Liika- 

1,269 

347 

1,619 

t 3, 565 

id  Lnka- 

1,353 

aud  Zol- 

950 

177 

110 

i5£ 

id  Luka- 

302 

321 

f 44 

14 

32 

Zt.ltoy  126 

277 

111 

.   ...  127 

190 

78 

84,116 


May   22.  Sea  Lion  Rock 

~    Reef 

Reef 

Jane    5.  Reef 

Reef 

Tolstoy 

Reef  aud  Zoltoy 

Southwest  Bay 

Halfway  Point 

Eu^lish  Bay  and  Middle 
Hill 

Zoltoy,  Reef,  and  Lnka- 

Southwest  Bay 

Northeast  Point 

ICnKlish  Bay  and  Middle 

Hill 

Reef  aud  Zoltoy 

Halfway     Point     and 

Lnkauan 

English  Bay  and  Middle 

Hill 

Southwest  Bay 

Reef,   Zoltoy,  and  Ke- 

tovy 

Northeast  Point 

English  Bay  and  Middle 

Hill 

July     1.  Reef,  Zoltoy,  and  Luka- 

nan 

Halfway  Point 

English  Bay  and  Middle 

Hill 

Reef,  Zoltoy,  and  Luka- 

nan 

Southwest  Bay 

English  Bay  aud  Middle 

Hill 

Northeast  Point 

Reef,  Zoltoy,  and  Luka- 

nan 

English  Bay  aud  Middle 

Hill 


22. 
25. 
28. 
5. 
10. 
12. 
14. 
15. 
17. 
18. 

19. 

20. 
21. 
22. 

24. 
25. 

26. 

27. 
28. 

29. 
29. 


2. 
3. 


6. 
6. 

6. 
8. 


124 

41 
234 
201 
120 
947 
764 
340 
1,229 

1,160 

1,561 

253 

4,156 

1,355 
2,578 

979 

1,314 
311 

• 

1, 349 
4,260 

1,038 

1,023 
834 

1,841 

1,716 
1,255 

1,302 
5,627 

813 

1,814 


July  10. 
12. 
13. 
13. 
15. 

16. 

17. 
18. 

19. 

20. 
20. 
22. 

23. 

24. 

25. 

26. 
27. 
27. 
29. 

30. 

31. 

31. 
6. 

14. 

22. 

31. 
Oct.  26. 
Nov.     4. 

19. 

21. 

27. 

30. 
Dec.    11. 


Aug. 


Halfway  Point 

Reef  and  Zoltoy 

Southwest  Bay 

Northeast  Point 

English  Bay  and  Middle 

Hill 

Zoltoy,  Reef,  and  Luka- 

nan 

Halfway  Point 

English     Bity,    Middle 

Hill,  and  Lagoon  ... 

Southwest  Bay 

Zoltoy  and  Kt-ef 

Northeast  Point 

English  Bay  aud  Middle 

HiU 

Reef,   Zoltoy,   and  Ke- 

tovy 

Halfway  Point 

English  Bay  and  Middle 

Hill 

South  west  Bay 

Reef  and  Lukanan 

Northeast  Point 

En;;li8h  Bay  and  Middle 

Hill 

Halfway      Point      and 

Southwest  Bay 

Northeast  Poiut 

Zoltoy 

Lukanan 

Zoltoy 

Zoltoy 

Zoltoy 

Lukanan 

Zoltoy 

Tolstoy 

Reef 

Reef 

Reef 

Zapadiiie 


932 

2,004 
1,006 
3,148 

3,083 

1,911 
1,931 

2,045 
2,016 
1,913 
6,301 

1,943 

1,122 
1,334 

1, 7.->2 

679 

1,105 

3,140 

1, 640 

1, 588 

2,162 

»ir)6 

*lli3 

*18l 

*139 

*87 

•44 

*80 

•223 

•347 

•189 

•246 

•240 

84,937 


Jan.  27.  Sea  Lion  Rock. 


1890. 
•170  I  May  21.  Sea  Lion  Rock. 


»131 


Recapitulation  of  seals  killed  for  their  skins  on  St.  Paul  Island,  Alaska,  from  1871  to 

1889,  inclusive. 


1871 77,620 

1872 75,352 

1873 75,437 

1874 92,221 

1875 90,036 


.1876 77,900 

1877 61,584 

1878 82,1.52 

187y.... 81,004 

1880... 78,923 


1881 82,386 

1882 77,798 

1883 59,258 

1884 84,733 

1885 85,395 


1886 84,890 

1887 85,f>:»6 

1888 84  116 

1889 8J,937 


I,  Max  Heilbronner,  secretary  of  the  Alaska  Commercial  Company  of 
San  Francisco,  solemnly  swear  that  the  foregoing  "seal  sldu  record  of 
St.  Paul  Island,  Alaska,  1871  to  1889,"  is  formulated  aud  conspiled  from 


*  Killed  for  food.  The  seals  killed  for  food  from  July  31,  1889,  to  May  21,  18r/0, 
Inclusive,  do  not  appear  in  the  records  of  the  Alaska  Coiuniercial  (.'()iui)any,  but  are 
compiled  from  the  official  report  of  the  Treasury  ajreut  ia  charge. — M.  H. 


564 


IN   THE   PRESENT. 


the  books  of  said  company  kept  on  said  island,  now  in  my  custody,  and 
is  correct  and  true,  according  to  my  best  knowledge  and  belief. 

Max  Ueilbuonnek, 
Secretary  Alaska  Commercial  Company. 

Subscribed  and  sworn  to  before  me  this  12tli  day  of  Mjiy,  A.  D.  1893. 
[seal.]  Clement  Bennett, 

Notary  Fuhlic. 

Max  Heilhronner,  p.  167. 
SEAL-SKIN  RECOKD  OP  ST.  GEORGE  ISLAND,  ALASKA,  1871  TO  1889,  INCLUSIVB. 


'1 


Showing  the  dates,  the  rookeries  from  which  the  seals  were  driven,  and  the  number  killed 

from  each  drove. 


Jnne 


July 


4. 

6. 

8. 

9. 
13. 
15, 
17. 
20. 
22. 
24. 
26. 
27. 
28. 

1. 

3. 

5. 

8. 


Near  rookery  . , 

Northeast 

Near 

Southwest  .. . 
Sturrie  Ai  teel 

Southwest  

Northern 

Southwest 

Northeast 

Starrie  Arteel 
Southwest  ... 

Northeast 

Starrie  Arteel 

Northern 

Southwest  ... 
Starrie  Arteel 
Southwest 


1871, 


123 
98 
69 
277 
322 
301 
4:it 
172 
518 
594 
2!»8 
462 
571 
875 
303 
518 
612 


July   10.  Northern 1,769 

12.  Northern 1,021 

14.  Southwest 491 

15.  Northern 1,038 

18.  Northern 1,264 

20.  Southwest 484 

21.  Northeru 945 

23.  Southwest  542 

25.  Northern 792 

27.  Northern 1, 054 

28.  Soutliwest 730 

30.  Starrie  Arteel 1, 270 

31.  Northern 893 

After  August  1 237 


19,077 


1873. 


Jane    4.  Southwest 

5.  Near 

8.  Northeast 

10.  Southwest 

11.  Starrv  Arteel  and  near. 

12.  Northeast 

14.  Southwest 

15,  Stiirrv  Arteel  and  near. 

17.  Northeast 

19.  Northern  and  southwest 

21.  Northeast 

22.  Starry  Arteel  and  near. 

24.  Southwest  andnortlieast 

25.  Starry  Arteel  and  near. 

27.  Ncutlieast 

28.  Starrv  Arteel  and  near. 

29.  Southwest 

July      1.  Northeiist 

2.  Starry  Arteel  and  near. 

3.  Southwest 

4.  Northeast 

6.  Starry  Artcol  and  uour. 


140 

26 

49 

162 

256 

61 

98 

328 

405 

773 

860 

1,056 

890 

837 

805 

9f0 

643 

981 

885 

'Mo 

641 

674 


July 


6,  Southwest 

7.  Nortlieast 

9.  Starry  Arteel  and  near. 

10.  Nortlieast 

11.  Southwest 

12.  Near 

14.  Northeast 

15.  Starry  Arteel  and  near. 

17.  Northeast 

18.  Starry  Arteel  and  near. 
20.  Northeast 

20.  Southwest 

21,  Starry  Arteel  and  near. 

23.  Nortlieast 

25.  Nortlieast 

25.  Starry  Arteel  and  near. 

27.  Southwest 

27.  Starry  Arteel  and  near. 
27.  Northeast 


574 
718 
667 
610 

1,412 
482 

1,332 

1,183 
770 
575 
400 

1,171 
920 
703 
400 
552 
227 
285 
350 

25,000 


DEPENDENCE   ON    ALASKAN    HERD. 


565 


custody,  and 
t'lief. 

NNER, 

Company. 
,  A.  D.  1892. 

NEXT, 

iry  Fuhlio. 


INCLUSIVE, 
ie  number  killed 


1,769 

1,021 

491 

1, 038 

1,264 

484 

945 

542 

792 

1, 054 

730 

1,270 

893 

237 


Seal-akin  record  of  St.  George  Island,  Alaska,  1871  to  1889,  inclusive,  etc. — Continned. 


19,077 


574 
718 

I  near.        667 

610 

1,412 

482 

1,332 

I  near.  1,  183 
770 

I  near.        575 

400 

1,171 

[  near-        920 

703 

400 

near.        552 

227 

neai"!        285 

350 


25,000 


1S73. 


July 


June     4.  Near 198 

5.  Starrie  Arteel 240 

6.  Southwest 285 

9.  Starrie  Arteel  and  east.  190 

10.  Sonthwest 275 

12.  Northern 300 

13.  Southwest 521 

16.  Northern 378 

17.  Southwest 174 

19.  Northeast 313 

21    Starrie  Arteel  and  near.  51t6 

21.  Southwest 870 

23.  Northeast 180 

24.  Southwest 499 

25.  Starrie  Arteel  and  near.  195 

26.  Northeast 241 

27.  Southwest 301 

29.  Starrie  Arteel  and  near.  493 

30.  Soutliwest 310 

30.  Northeast 168 

July     2.  Starrie  Arteel 3.S2 

3.  Southwest 564 

4.  Northeast 592 

1874. 

Killed  for  food 128 

June    1.  North(?rn 56 

8.  Nortliern 81 

11.  East 116 

12.  Starrie  Arteel  anil  north.  154 

14.  Southwest 250 

16.  East 170 

18.  Starrie  Arteel  and  north.  354 

22.  Nortlieast 178 

23.  Starrie  Arteel  and  near. .  378 

27.  Southwest 575 

29.  Starrie  Arteel  and  near..  686 

July    1.  Northeast 800 

1R75 

Killed  for  food 252 

June   1.  Starrie  Arteel  and  near.  .50 

9.  Starrie  Arteel  and  near.  2.56 

11.  Northeast 177 

14.  Starrie  Arteel  and  near.  307 

16.  Northeast 3.58 

18.  Starrie  Arteel  and  near.  334 

19.  Southwest 1,294 

23.  Northeast 666 

24.  Starrie  Arteel  and  near.  540 


5. 

8. 

8. 

9. 
11. 
11. 
12. 
13. 
13. 
16. 
17. 
18. 
20. 
21. 
23. 
23. 
21. 
26. 
26. 
28. 


Starrie  Arteel  and  near.  517 

Southwest  743 

Northeast 616 

Starrie  Arteel  and  near.  690 

Northeast 974 

Southwest  602 

Starrie  Arteel 474 

Northeast .345 

Southwest  337 

Starrie  Arteel  and  near.  480 

Nortlieast 1,  0}>7 

Southwest  913 

Starrie  Arteel  and  near.  1,  3.59 

Northeast 1,810 

Starrie  Arteel 889 

Southwest  513 

Northeast 1,710 

Southwest 600 

St.arrie  Arteel  and  near.  .588 

Northeast  and  near 1, 528 


July    3. 

8. 

9. 
14. 
15. 
16. 
18. 
19. 
22. 
24. 


25,000 


Northern 792 

Northeast 641 

Northern 548 

Near  and  nortlienst 263 

Near  and  nortlieast .534 

Starrie  Arteel 568 

Southwest 411 

Northeast 871 

Northern 778 

Northern 668 


10,000 


June  28.  Northeast 692 

30.  Starrie  Arteel  and  near.  1,412 

July  5.  Northeast 717 

7.  Starri<' Arteel  and  near.  1,019 

12.  Northeast 1, 073 

14.  Northern 676 

17.  Northern 177 


10,000 


1876. 


Killed  for  food  during  fall  and 

winter 307 

June  1.  Northern 108 

8.  Starrie  Arteel 372 

12.  Northeast 388 

12.  Southwest 599 

15.  Starrie  Arteel  and  near.  784 

22.  Northeast 581 


!  June24.  Starrie  Arteel  and  near.     2,067 
27.  Northeast 1.168 


July 


28 


1,023 


Starrie  Arteel  and  near. 

3.  Northeast 1, 259 

6.  Starrie  Arteel  and  near.  1,027 

7.  Nortlieaat ill 


10,000 


566 


IN   THE   PRESENT. 


Seal-tkin  record  of  St,  Oeorge  Island,  Alaska,  1871  to  1889,  inoluah'e,  eto. — Continued. 


IRTT. 


Killed  for  food  in  fall  and  winter.  256 

June  1.  Northeast 198 

1 1.  Starrie  Artcel 702 

13.  Northeast 578 

14.  Southwest 1,389 

18.  Starrie  Artwl  and  north- 
ern   1,154 

20.  Northeast 838 

22.  Starrie  Arteel  and  near.  871 


June  23. 

26. 

29. 

July   3. 

6. 

9. 

10. 


Northeast B.52 

Starrie  Arteel 1,  860 

Northeast 1,  589 

Starrie  Arteel  and  near.  1,  669 

Nortlieast 2,164 

Nortiiern 300 

Northeast 880 


1S78. 


Killed  for  food  in  fall  and  winter.  405 

June  10.  Northeast 385 

14.  Soutluvest 1, 074 

17.  Starrie  Arteel  and  north- 
ern    858 

19.  Southwest 717 

22.  Starrie  Arteel  and  near.  570 

25.  Northeast 324 

27.  Southwest 851 

28.  Southwest 517 

July    1.  Northeast 644 


July 


Killed  for  food  in  fall  and  winter. 
J  uue    3.  Near 

10.  Northeast 

11.  South  .vest 

12.  Starrie  Arteel  and  near. 

13.  Southwest 

16.  Nortlieast 

17.  Soutli west 

19.  Starrie  Arteel  and  north- 

ern   

20.  Southwest 

20.  Northeast 

23.  Starrie  Arteel  and  near. 

23.  Southwest 

25.  Northeast 


2. 

4. 

8. 

9. 
12. 
13. 
15. 
17. 
19. 
21. 


15,000 


Starrie  Arteel  and  near.  930 

Southwest 1,  433 

Northeast 793 

Starrie  Arteel 1,.333 

Southwest 328 

Southwest 1, 025 

Northeast 1,892 

Northern 1,290 

Starrie  Arteel 1,  .577 

Northeast 1,114 

18,000 


1879. 


811 
69 
415 
105 
413 
372 
445 
498 

755 
4.S0 
473 
515 
574 
882 


June  25.  Southwest 522 

27.  Southwest 286 

27.  Starrie  Arteel 1,176 

30.  Northeast 1,  .58.1 

July    3.  Starrie  Arteel 1,412 

3.  Southwest 849 

4.  Southwest 351 

5.  Northeast .535 

7.  Northern 1,738 

9.  Starrie  Arteel 1,  261 

14.  Northeast 1,  636 

15.  Northern 863 

16.  Southwest 800 


20,000 


1S90. 


m 


Killed  for  food  in  fall  and  winter.  1, 169 

Juno   3.  North 81 

8.  Noitlieast 333 

11.  Starrie  Arteel 562 

14.  Northeast 3.51 

15.  Soutliwest  734 

17.  Starrie  Arteel 5.57 

17.  Zapadnie 254 

19.  Zapadnie 223 

19.  NortlK'ast 596 

21.  Starrie  Arteel  and  near.  1, 182 

21.  South we.st 618 

23.  Northeast 811 

25.  Southwest  833 


June  25. 

28. 

28. 

30. 

July    1. 

2. 

2. 

5. 

6. 

7. 

8. 


Starrie  Arteel 1,320 

Northeast 1, 764 

Southwest  843 

Starrie  Arteel 808 

Northeast 392 

Southwest 961 

Northern 954 

Starrie  Arteel 515 

Northeast 1,  481 

Southwest 1, 810 

Northeast 948 


20,000 


Co.— Continued. 


552 
1,  8(50 
1,  589 
1,  669 
2,164 
300 
880 


15,000 


930 
1, 433 

793 
1,  333 

328 
1, 025 
1, 892 
1,  290 
1,577 
1, 114 


18,000 


522 

286 

1,  176 

1,  .584 

1,412 

849 

351 

535 

1,  738 

1,261 

1, 636 

863 

800 


20,000 


1,320 

1, 764 

843 

808 

392 

961 

954 

515 

1,481 

1,810 

948 

20,000 


DEPENDENCE   ON   ALASKAN   HERD. 


667 


8eal-ikin  record  of  St.  George  Island,  Alaeka,  1871  to  1889,  inclutive,  etc. — Continued. 

1S81. 


Killed  for  food  in  fall  and  winter. 
Juno  9.  NortluTii 

640 
Oil 
916 
494 
615 
415 
575 
447 
227 
288 
553 
814 
744 
373 
324 

18J 

534 
26 

508 

887 

926 

&17 

1,192 

1,040 

1,273 

1, 063 

18( 

403 

139 

283 

61 

379 

684 

442 

608 

340 

287 

645 
1,333 

Juno  30. 
July    1. 

6. 

7. 

8. 
11. 
12. 
12. 
14. 
13. 
15. 

33. 

July    3. 

4. 

7. 

10. 
11. 
13. 
14. 

15. 
16. 
18. 
19. 
20. 

33. 

July  10. 
10. 
11. 
12. 
13. 
16. 
16. 
17. 
18. 
18. 
20. 
20. 
23. 
25. 
27. 
30. 

Aug.    6 

13. 

Starrie  Arteel. 
Northeast 

... 

707 
1,371 

13. 

Northern 

Stnrrie  Arteel  a 

ern 

Southwest  ... 

Northeast  

Starrie  Arteel 

Northeast 

Starrie  Arteel 
Southwest  ... 
Southwest  ... 

md 

north- 

15. 
16. 
20. 
21. 

Southwest   

Stan  ie  Artoel 

Starrie  Arteel 

Nortlieast 

1,179 
476 

1, 350 
362 

21. 
23. 

Southwest 

Southwest 

Starrie  Arteel 

Nort  licast 

1,300 
498 

23. 
24. 



769 
590 

27. 

St,«rri«  Ai'tnni              

Northeast 

Northern  

Starrie  Arteel  i 
east 

Starrie  Arteel  i 
east 

Starrie  Artoel 
east 

Northeastern . 

Starne  Arteel  i 

Northeastern . 

Starrie  Arteel 

Northeastern. 

Starrie  Arteel 

Northeastern. 

Northern 

vnd  north- 
md  north- 
iiid  north- 

uulnear.. 

1, 705 

28.  Northeast 

28.  Southwest 

30.  Southwest  

Killed  for  food  in  fall  and  winter. 
June    6.   Korthcrn 

1.627 

20,000 
910 

12. 
16. 
19. 
22. 

Starrie  Arteel  and  north- 
east  

Starrie  Arteel  and  north- 
east   

Starrie  Arteel  and  north- 
east   

Starrie  Arteel  and  north- 
east  

Starrie  Arteel  and  north- 
east  

Starrie  Arteel  and  north- 
east  

Starrie  Artoel  and  north- 
east  

Starrie  Arteel  and  north- 
east  

)r  food  in  fall  and  winter. 
Starrie  Arteel  aud  north- 
eastern   

1,382 

1,946 
1, 368 
1,104 
1.074 

524 

24. 
26. 

and 

near. 

613 
1,015 
1,0M3 

510 

29. 

Northeastern. 
Southwest 

145 

July    1. 
Killed  f( 

20,000 

507 

Juue  12. 

Northeast 

Starrie  Arteel 

Northeast 

Starrie  Arteel 

Northeast 

Southwest    .. 



306 
260 

15. 

Starrit^  Arteel  and  north- 
eastern   

* "  •  ■ 

516 
321 

19. 

Starrie  Arteel  aud  north- 
eastern   

775 
1,  015 

22. 

Starrie  Arteel  aud  north- 
eastern    

Starrie  Arteel 

Nortlieast 

Southwest ... 
Northeast.... 
Southwest 



i:^o 

467 

25. 

Starrie  Arteel  and  north- 
•  eastern  

1,  216 
280 

28. 

Starrie  Arteel  and  north- 
eastern   

Starrie  Arteel  and  north- 
eastern   

Starrie  Arteel  and  north- 
eastern   

1,150 

30. 

Starrie  Artoel 

Northeast 

Northern 





766 

77 
606 

July    2 

Starrie  Arteel  and  north- 
east  

Starrie  Arteel  and  north- 
east   

Northeast 

501 

4. 

Starrie  Arteel  and  north- 
eastern  

379 

7. 

Starrie  Arteel  and  north- 
eastern   

Southwest 

94 

9. 

16,000 

:'i 


>  1 


568 


IN  THE   PRESENT. 


Seal$kin  record  of  St.  Oeorge  hland,  Alatka,  1871  to  1889,  \nclut\ve,  etc. — Continued. 


ISS'^. 


Ki11<>(1  for  food  in  fall  and  winter.  380 

June    3.  NortlienHt Ill 

10.  South wc8t 1,222 

12.  Stiirrio  Aitotd 690 

Ifi.  South wcHt 581 

18.  StarrioArteol  and  north- 
east    552 

21.  South wi^Ht  582 

2ij.  Starric  Artcel 598 

26.  South  went 556 

28.  StarrioArteelandnorth- 

oaBt 486 

July     1.  Southwest 298 

3.  Starrie  Arteol  and  north- 
east   71 


July 


Aug. 


7.  Southwest 87 

9.  StarrieArtoelandnorth- 

enHt 1,260 

12.  SouthwcHt 971 

14.  NortlieaHt 298 

15.  Northern 465 

16.  South wi'Ht 726 

17.  Northeast 990 

18.  Starrie  Arteel .5(16 

23.  Southwest 795 

23.  StaiTie  Arteel 744 

25.  Northeast .595 

20.  Southwest 572 

30.  Starrie  Arteel 640 

4.  Northeast 224 


15,000 


1885. 

Killed  for  food  in  fall  and  winter.  196     July 

June     1.  Northeast 118 

10.  Starrie  Arteel  and  north- 
east   780 

15,  Southwest 775 

17.  Starrie  Arteel 802 

18.  Northeast 825 

22.  Southwest 414 

27.  Starrie  Arteel  and  north- 
east.   1,775 

29.  Southwest 401 


1.  Starrie  Arteel  and  north- 
east   2,287 

6.  Southwest  789 

10.  Starrie  Arteel  and  nortli- 

east 2,150 

13.  Southwest 1,011 

16.  Starrie  Arteel  andnorth- 

east 2,218 

20.  Southwest iy? 

15,  COO 


1880. 


K    •! 


fl' 


Killed  for  food  in  fall  and  wintor.  370 
June    9.  Starrie  Arteel  and  north- 
east   1,428 

14.  Soutliwest 831 

16.  Starrie  Arteel  and  north- 
east   1,436 

21.  Starrie  A -teel  and  north- 
east...   742 

21.  Southwest 843 

23.  Nortlieast 343 

24.  Soutliwest 306 

28.  Southwest 288 

29.  Sta  rrie  Arteel 632 

July    1.  Northeast 481 


Killed  for  food  in  fall  and  winter. 
June   8.  Northeast 

13.  Nortlieast 

15.  Soutliwest 

20.  Soutliwest 

20.  Starrie  Arteel 

24.  Northeast 

27.  Southwest 

27.  Starrie  Arteel  and  uorth- 
east 

29.  Northeast 

July    1.  Starrie  Arteel 

4.  Southwest 


July 


18S7. 


5.   Southwest 620 

5.  Starrie  Arteel 499 

6.  Northeast 648 

9.  Starrie  Arteel 865 

12.  Southwest 745 

13.  Northeast 888 

15.  Starrie  Arteel  and  north- 
east    707 

19.  Southwest 663 

20.  Starrie  Arteel  and  north- 

east   1,371 

23.  Northeast 294 


15,000 


282 
383 
465 
427 
261 
974 
533 
599 

846 
409 
100 
883 


July   6.  Starrie  Arteel  and  north- 
em 1,321 

7.  Northeast 421 

10.  Southwest 701 

11.  Starrie  Arteel  and  north- 

ern    1, 296 

13.  Northeast 1,509 

18.  Southwest 1,077 

18.  Starrie  Arteel 894 

20.  Northeast 1,130 

22.  Starrie  Arteel  and  north- 
em 489 


15,000 


DEPENDENCE  ON  ALASKAN  HERD. 


6()9 


3. — Continued. 


87 

1(1  north- 

1,260 

971 

298 

465 

T26 

990 

506 

795 

7U 

595 

572 

WO 

224 


>SeaI-«il(ln  record  of  St,  Oeorge  laland,  Alaska,  1871  to  188D,  inclutire,  etc, — Continued. 


15,000 


d  north- 

2,287 

789 

d  uortli- 

2,156 

, 1,011 

dnoitli- 

2,218 


15,000 


620 
499 
648 
865 
745 
888 

north- 

707 
663 

noith- 

....     1,371 
294 


15,000 


north- 

....     1,321 
421 
701 
north- 

1, 296 

1,509 

1,077 

, 894 

1,130 

lortli- 

489 


Killed  for  food  in  full  nnd  winter, 
June    6.  Northeast 

11.  Southwest 

11.  Starrie  Artcel  and  north- 


em 


July 


16.  Starrie  Arteel  aa  I  north- 
ern   

18.  Southwest 

18.  Starrie  Arteel 

22.  Starrie  Arteel 

25.  Southwest 

26.  Starrie  Arteel  and  north- 

ern   

27.  Northeast 

29.  Starrie  Arteel 

2.  Southwest 

3.  Northeast 

4.  Starrie  Arteel 

6.  Northeast 

9.  Southwest 


Killed  for  food  in  fall  and  winter, 
June  4.  Nortlieast 

10.  Southwest 

17.  Soutliwest 

18.  Starrie  Arteel 

21.  Nortlieast 

22.  Starrie  Arteel  and  north- 

ern   

20.  Southwest  

25.  Northeast 

27.  Southwest 

29.  Starrie  Arteel 

30.  Southwest 

July   2.  Starrie  Arteel  and  uorth- 

ern 

4.  Starrie-  Arteel  and  north- 
ern   

7.  Southwest 

9.  Starrie  Arteel 

11.  Soutliwest 

13.  Starrie  Arteel  and  north- 
ern   


1S88. 

418     July    10. 
121  11. 


272 

455 

227 
427 
324 
764 
908 

894 
4.38 
341 
341 
530 
503 
648 
389 


1R89. 


13. 

16. 
17. 

19. 
20. 

23. 
24. 

25. 
26. 

27. 
27. 


Starrie  Arteel 

Nortlieast 

Starrie  Artetd  and  iiortli  - 
em 

Southwest 

Starrie  Arteel  and  nortli- 
erii 

Soutliwest 

StarrieArteel  and  north- 
ern   

Southwest 

Starrie  Arteel  aiul  nortli- 
em 

Southwest 

Starrie  Arteel  and  north- 
ern   

Southwest 

StarrieArteel 


1,2'>3 
156 
275 
244 
773 
176 

284 
5  6 
496 
223 
429 
167 

275 

418 
229 
269 
192 

667 


July  15. 
16. 

18. 
19. 

22. 
22. 

24. 
25. 

27. 

27. 
29. 


Southwest. 

Starrie  Arteel  and  north- 
ern   

Southwest 

Starrie  Arteel  and  iiortli- 
erii 

Southwest 

Starrie  Artcel  and  north- 
ern   

Southwest 

Starrie  Arteel  anrl  iiortli- 
01  n 

Stanio  Arteel  and  north- 
ern   

Southwest 

Starrie  Arteel  and  north- 
ern   


1,  169 
810 

&f)8 
694 

1,090 
366 

550 
179 

405 
159 

520 
112 
407 

15,000 


371 

1,028 
439 

1, 140 
.-)()0 

628 
279 

1,450 

912 
568 

613 

15,000 


Becapituiation  of  aeaU  killed  for  their  akine  on  the  St,  George  Island,  Alaska,  from 

1871  to  1S89,  inclusive. 


1871 19.077 

1872 25,000 

1873 2.5,000 

1874 10,000 

1875 10,000 


1876 10,000 

1877 1.5.000 

1878 18,000 

1879 20,000 

1880 20,000 


1881 20,000 

1882 '20,009 

1883 15.000 

1884 15,000 

1885 15,000 


1886 15,000 

1887 ir),(M)0 

1888 1.-..  000 

1889 15,000 


I,  Max  Heilbronner,  secretary  of  the  Alaska  Commercial  Com])aTiy, 
of  San  Francisco,  do  solemnly  swear  that  the  forepfoing;  "seal-.skin 
record  of  St.  George  Island,  Alaska,  1871  to  1889,  inclusive,"  is  formu- 
lated and  compiled  from  the  books  of  said  company  kept  on  said  island, 
now  in  my  custody,  and  is  correct  and  true  according  to  my  best  knowl- 
edge and  belief. 


! 


15,000 


;■! 


570 


m  THE   PRESENT. 


The  following  tabulated  statement,  prepared  by  me  from  tbose  ac- 
counts   [of  the  Alaska   Commercial   Companyl 
Max  ffeilbrmner, p. 510.  show  the  ftir-seal  skins  purchased  and  shipped 
to  the  company  by  its  agents  at  Kadiak  and 
Unalaska  and  from  miscellaneous  «;ources  from  1871  to  181)1,  iuclusive: 


Date. 

Unalaska. 

Kadiak. 

Mifol- 
lueous. 

Total. 

Date. 

TJnalaska. 

1 

Total. 

1871    

616 
700 
444 

1,223 

350 

5ti2 

2,500 

2, 001 

1,207 

930 

880 

1,030 

516 

1    MB 

1883 

1884 

1885 

1886 

1887..' 

1888 

1889 

1890 

1891 

Total. 

1,546 
2, 183 
l.:ia9 
2,821 
4,687 
1,757 
3,046 
2,  079 
2, 925 

106 
35 
!)6 

22;i 

1,  652 
2,218 

1872          .... 

78 

725 

1873 

1,  005       2.  349 

1,48."> 

1874    

1, 223 

856 

562 

2,  500 

2,013 

1, 331 

941 

939 

1,159 

3  U44 

1875        

4,  087 

1870 

494 

95 

543 

471 

2,251 

1877 

3,  Ml 

1878 

12 

124 

11 

69 

129 

3,  222 

1879          .... 

3,  390 

1880 

1881 

40,988 

1882 

••••.•.. 

m 


' 


i 


The  district  covered  by  the  company's  agency  at  TJnalaska  embraces 
the  stations  at  Unga,  Bolkoftski,  Sanuak,  Akoutan,  Mo.shrovia,  Umnak, 
Atka,  and  one  or  two  smaller  posts.  I  am  credibly  informed  by  those 
cognizant  of  the  business  and  believe  that  a  large  majority  of  the  skins 
from  this  agency  were  captured  in  the  North  Paciflc.  The  district 
embraced  by  the  Kadiak  Agency  includes  the  stations  at  upi)er  and 
lower  Kenai,  Prince  William  Sound,  and  several  trading  posts  <m 
Kadiak  Island,  and  without  doubt  all  the  skins  from  t!iis  agency  were 
caught  in  the  Noitli  Pacific.  A  large  mii.joiity  of  all  the  skins  from 
botli  phices  were  pups  a  few  months  old.  The  skins  under  the  head  of 
miscellaneous  were  bought  from  diH'erent  vessels  which  brought  them 
to  San  Francisco.  I  think  they  were  all  or  nearly  all  caught  in  the 
North  Pacific. 

I  append  hereto  a  statement  showing  the  number  of  seals  killed  an- 
nually upon  Cop])er  Island  fnmi  1871  to  1880,  in- 
C.-F.^mj7  7rre6s, p.  196.  elusive.    This  .statement  shows  that  3,058  .skins 
were  taken  in  1871.    This  number  were  ship])ed 
that  year,  but  the  number  actually  killed  was  in  fact  more  than  (5,000. 

The  following  table  shows  the  number  of  fur-seals  taken  for  their  skins 
on  Copper  Island,  of  the  Commander  group,  from  1871  to  1880,  inclusive, 
under  the  direction  of  C.  F.  E.  Krebs,  for  Ilutchiiison,  Kohl  &  Co.: 


1871 3,6,')8 

187L> 14,  !t(5.1 

1873 11,  (iGl 

1871 15,4.80 

187.") 20,410 

1876 15,074 


1877 11,302 

1878 20,070 

187!t 25,166 

1880.... 30,014 


Total 170,919 


Note. — There  were  in  fact  about  0,000  killed  in  1871,  of  which  only 
the  numbers  as  above  stated  were  .shipped.  In  1870  and,  1877  more 
could  have  been  taken,  but  the  seal-skiu  market  was  depressed  and 
they  were  uot  wauted. 


wi  those  ac- 
il  CoinpjiTiyl 
and  sliipped 
Kadiak  aud 
)1,  iuclusive: 


Mispol- 
liiuuoua. 

Total. 

1,  f)-,2 
2  ''IS 

1  485 

a  (J44 

4  (i87 

2,251 
3  141 

3  2"''' 

3,396 

40,088 

DEPENDENCE    ON   ALASKAN    HERD. 


571 


ka  embraces 
via,  Uinnak, 
led  by  tliose 

of  the  skins 
The  district 
t  upper  and 
ig  posts  on 
igency  were 
!  skins  from 

tlie  lioiid  of 
ought  thom 
ught  in  tbe 


s  killed  an- 

to  1880,  in- 

3,058  .skins 

re  sliipped 

lian  (i,(JOO. 

their  skins 

,  inclusive, 

&  Co. : 


...     11,302 

...     20,070 

...    2r),  1(16 

...  30,014 
...  170,919 

jirhU'h  only 
1877  more 
eased  aud 


The  following  table,  prepared  by  Hutchinson,  Kohl,  Philipeus  &  Co., 
of  San  Francisco,  lessees  of  the  right  to  take  fur- 
seals  upon  the  Commander  and  Kobben  Islands,    g.  Xiebaum,p.  204. 
shows  the  number  of  seal-skins  secured  annually 
from  these  respective  islands  from  1871  to  1891 : 


Tear. 


1871. 
1872. 
1873. 
1S74. 
1875. 
1878. 
1877. 
1878. 
1879. 
1C80. 
1881. 
1882. 
1883. 
1884. 
i885. 
1886. 
1887. 
1888. 
1880- 
1890. 
1891. 


Comnian- 
dor  Is. 
lauila. 


3, 
20, 
27, 
28, 
3:i, 
25. 
18, 
28, 
38, 
45, 
30, 
40, 
20, 
49. 
41, 
54, 
46, 
47, 
52, 
53, 

5, 


614 
356 
710 
886 
1.52 
432 
Ml 
108 
748 
174 
314 
514 
050 
444 
737 
501 
347 
362 
859 
780 
800 


Kobbt'D 
iHlaiiils. 


2.694 
2,414 
3, 127 
1,  528 
.  2, 049 
3, 142 
4, 002 
3, 330 
4, 207 
4,106 
2,010 
3,819 
1,838 


Total. 


3,614 
29,  3,-)0 
30,404 
31,  300 
30, 270 
20,900 
21,533 
31,340 
42,750 
48,  504 

43.  521 

44.  020 
28,  (iOO 
.'■|3.  203 
43.  ,575 
64.  501 
40.  :!47 
47,  302 

52.  859 

53,  780 
5,800 


770, 407 


DEPENDENCE  ON  ALASKAN  HERD. 

Page  268  of  The  Caao. 

From  the  year  1870  down  to  i  lie  present  time  dei)onent's  firm  have 
received  and  handled  from  the  Alaska  ( 'onimeicial 
Company  and  from    Messrs.  Hutchinson,  Kohl,    EmU  Tticlimann,p.rySO. 
Philippeus  &  Co.,  from  the  North  American  Com- 
mercial CoinpaMy,and  the  Kussian  Seal-SkinCompanyof8t.  Petersburg, 
which  company  liave  now  suc(!e('(led  to  the  lease  of  the  Komnntloiski 
and  Ilobbeii  Islands  formerly  enjoyed  by  IIiit(!hin-^on,  Kohl,  PliiIii)p(Mis 
&  Co.,  all  the  skins  of  seals  wliich  have  been  kili(Ml  upon  the  Pnbilof 
Ishiiuls  and  upon  theCop[)er  Lslands.    TliejMiave  also  received  at  least 
three-fourth.s  of  the  skins  included  in  what  is  called  the  Northwest 
catch  until  the  year  1801,  when  the  major  part  of  the  skins  of  the  catcii 
were  consigned  to  Messrs.  Culverwell,  Brooks  &  Co..  of   London.     A 
large  number  of  the  skins  of  this  <'atc,h,  amounting  in  one  year  to  40,000 
a  year,  have  been  consigned  to  Icponent's  linn  by  t!ie  Una  Hfriuaun 
Liebes  &  Co.,  of  San  l^'iiMicisco, 

The  total  number  of  skins  of  the  Northwest  catch  received  by  depo- 
nent's Arm  during  the  years  1872  and  180J,  inclusive,  are  set  forth  with 
accuracy  in  an  allitlavit  made  by  my  ])artiun'.  Alfred  l-'raser,  in  New 
York,  a  coi)y  of  which,  dated  .Vpiil  1.  and  aeknowiedyed  H.T.  Kice, 
notary  public,  has  been  received  by  me  from  him  and  L  a,nne.v  hereto  a 
copy  of  the  lists  of  Northw.'st  -kins  attached  to  Mr.  Fraser's  aflidavit, 
makiugthe  same  a  part  of  this  deposition,  and  mark  tlie  same  Mxhibit 
G.  I  also  append  hereto  as  a  pai-t  of  this  deposition  copies  of  tlie  lists 
attached  to  the  affllavits  of  Mr.  Fraser  of  Alaska  skins  sold  in  London 
by  my  firm  during  the  years  1870  to  1802,  inclusive,  and  to  the  (.'opper 
Island  skins  sold  by  my  firm  in  Lomhui  <luring  the  yeais  1872  to  1802, 
inclusive,  and  mark  the  same  resi)ectively  Ext:ihits  1)  and  1'].  aud  I  re- 
fer to  the  affidavit  of  Mr.  Fraser  above  mentioned  for  an  exiilanation 


(I 


■  r 


572 


IN   THE   PRESENT. 


of  all  8ai(I  lists  and  adopt  the  same  explanjition  given  by  him  as  my 
own.  I  have  cfiifully  verified  the  figures  contained  in  these  latter  and 
find  them  to  be  as  accurate  as  any  such  statement  can  be  made. 

Emil  Teichmann,  p.  582,  Exhibit  A. 

Salted  Lohoa  Island  fur-seals  sold  in  London, 


Year. 

Skins. 

1873 

6,956 
8,509  1 
8, 179 

11,  353 
13, 066 
12. 301 

12,  295  I 
14,836 

1874 

1875 

1876 

1877 

1878 

1870 

1880 

Tear. 


18R1 

13,569 
13,  200 

:88i 

i883 

12,861 

1884 

16  258 

1885 

10.  953 

1886 

13, 667 

1887 

11, 068 

1888....^ 

20, 747 

Skins. 


Year. 


1889 

1«K) 

1891 

1892  (to  (late) 

Total.. 


Skins. 


8,755 
18, 541 
16.83* 

4,8c" 


247,777 


Exhibit  B. 
Sales  of  Cape  Horn  salted  fur-seal  sJcina. 


Yenr. 

Skins.    ; 

Year. 

Skins. 

1 

Year. 

Sk  ius. 

1876 

6,306 
7, 631 
8,  227 
12, 180 
17, 582 
13. 164 
11,711 

1883 

4,655  1 
6, 743 
3,  404 
9u9 
2,762 
4,403 
3,021 

1890   

2,450 
3,  1 14 

1877 

1884 

1891 

1878 

1885 

1892  (to  date) 

3,966 

1H79 

1886 

Total 

l>sgl(       

1887 

H3  W8 

J.-lgl 

18X8 

1882 

1889 

Exhibit  C. 

Salted  Xorthice^t  Coast  fur-seal  skins  sold  in  London  prior  to  pelagic  sealing  in  Btring  Sea. 


Yenr. 

Skins. 

Year. 

Skins. 

Year. 

Skins. 

1872       

1,020 

1  1877 

1882 

11,727 

1873 

i  1878 

261 

12, 212 

8,939 

9,997 

,  18S3  

2.310 

1874    

4,949 
1,616 
2,042 

1  1879 

1884 

9,242 

1875       

18.0 

Total 

1876 

1881 

61, 366 

Salted  Northwest  Coast  fur-seal  skins,  dressed  and  di/ed  in  London  (hut  not  sold  there) 
taken  prior  to  pelagic  sealing  in  Bering  Sea. 


Year. 

Skins. 

Year. 

Skins. 

Year. 

Skins. 

1872     

699 

40 

122 

578 

1,002 

1877 

772 
2,434 
2,397 

4,  562  . 

5,  890  i 

1882 

11,159 

1873 

1  1878  

18811 

(i,  385 

1874    

lS7!t 

1884 

10,115 

1875               

1880 

Total 

1876            

1881 

46,215 

Dry  Northwest  Coast  fur-seal  skins  sold  in  London 

prior  to 

pelagic  scaling 

in  lie 

ring  Sea. 

Year. 

Skins. 

Year. 

Skins. 

Year. 

Skir.s, 

1868          

2,141 

1,071 

681 

12. 495 

14.  584 

891 

2,772 

1875 

1,  351 
993 

1882     

321 

1869  

1876 

18H3 

890 

1870                

1877 

1,173 
912 
918 

1884      

785 

1871 

1878 

Total 

1872    

1879 

42,767 

1873       

1880 

1874       

j  1881  

686 

Of  the  skins  sold  in  1871  and  1872  a  very  large  proportion  were  the  accuninlation 
of  tho  Russisn  American  Company  and  sold  by  them  after  the  purchase  of  Alaska  by 
the  United  States. 


by  him  as  my 
ese  latter  aud 
i  made. 


Skins. 

8,755 
18, 541 

15,  S'M 

4, 8v" 

-  -. . 

247, 777 

Skiua. 

2,450 
3,  114 

3,966 

113  ?08 

ngiti  B(rhtg  Sea. 

Skiua. 

n.727 

2  310 

9,  242 
01, 866 

t  not  sold  there) 

Skine. 



11,159 

(i,  385 

10,115 

46,215 

g  in  Bering  Sea. 

Skir.B, 



321 

300 
785 

42,767 

a<H'uninlatJon 
e  of  Alaska  by 


DEPENDENCE  ON  ALASKAN  HERD. 


RECAPITULATION. 


573 


Salted  skins  8ol<l  m  London,  1872-1R84 64,366 

Salted  skins  dressed  and  dyed  in  London,  1872-1884 46, 215 

Dry  skins  sold  in  London,  1868-1884 42,767 

Grand  total 153,348 

Exhibit  C. 

Dry  Northwest  Coast  fur-seal  skins  sold  in  London  after  the  commenrement  of  pelagio 

sealing  in  Bering  Sea. 


Year. 

Skins. 

Tear. 

Skins. 

1885                              

1,520 

979 

2,843 

1,252 

228 

1890 

699 

]888     

1891 

1,083 

1887      

Total 

188S          .            

8,694 

1889 

Salted  Xorthwest  Coast  fur-seal  skins  dressed  and  dyed  in  London  (hnt  not  sold  there) 
taken  after  commencement  of  pelagic  staling  in  Bering  Sea. 


Year. 


18S5. 
1886. 
1887. 
1888. 


Skins. 


16, 667 

15, 087 

3,589 

1,030 


Year. 


1889. 


Total . 


Skiua. 


2, 017 


39,  200 


111  addition  to  the  above  it  is  estimated  that  from  25,000  to  30,000  skins  have  been 
dressed  and  dyed  in  the  United  States. 

Salted  Northicest  Coast  fur-seal  skins  sold  in  London  after  commencement  of  pelagio 

sealing  in  Bering  Sea. 


Tear. 

Skins. 

2.078 
17,900 
36.  907 
30, 818 

Year. 

Skins. 

Year. 

Skina. 

1885    

1889 . 

;  1890  . 

1891. 

39,  563 
38.315 
54,180 

1892  (to  date) 

*28, 208 

1886      

1887          

2J4  Uli8 

1888    

*  Of  catcii  of  1891. 
RECAPITULATION. 


Dry  skins  sold  in  London,  1885-1891 

Salted  skins  ilressed  and  dyed  in  London,  but  not  sold  tln^e,  1885-1S88 

Salted  skins  dressed  and  dyed  in  the  United  States,  estimated,  leSo-lSHit, 


Siiy , 


Salted  skins  sold  in  London,  1885-1802 

Grand  total 

Exhibit  D. 
Salted  Alaska  fur-seal  sold  in  London. 


8,604 
30, 200 

.SO,  (MK) 
25l,0<)8 


3;il,  962 


Catch. 

Skins. 

Catoli. 

Skina. 

Catch. 

Skins. 

1870 

9,065 
100, 896 
96,  283 
101,248 
911, 1,'iO 
09,  6.14 
00, 207 
75,410 
99,911 

1879 

100, 036 
100,  161 
09, 921 
100,100 
75, 914 
99,887 
99,  719 
00,  910 
99,940 

1888 

100  000 

1871        

1880    

1889      

1(K)  IHIO 

1872 

1881 

1800 

2il,  004 
4  158 

1873 

1882 

1890 

1874    

1883      

1891      

111  473 

1876       

1884        

Total 

1876 

1885 

1, 877, 077 

J877 

1886    

1878 

1887 

574 


IN  THE   PRESENT. 

Exhibit  £. 
Salted  Copper  Island  fur-seal  sold  in  London. 


Year. 


1872 
1873 

1874 
1875 
1876 
1877 
1878 
1879 


Skins. 


7,182 
21,614 
30, 349 
34,  479 

33.  29S 
25,  380 
li»,  1100 
28,  211 


Tew. 


1880 
1881 
1882 
1883 

1884 
1H85 
1H80 
18o7 


Skins. 


38, 885 
45, 209 
39,111 
36, 500 
26, 675 
48,929  I 
41,752 
54,584 


Tear. 


1888 

18S9 

1890 

1891 

1802 

Total 


Skins. 


46, 333 
47, 416 
95, 486 
17, 025 
30, 078 


7C8, 096 


Table  of  percentages  of  annual  seal-skin  suppli/  compiled  from  table  of  London  trade 

sales  as  given  by  Emil  Teichmann. 


f; 


lil 


t        1 


Lolios  Tsland 
8ape  Horn... 
Northwest  Coast.  0.0620+ 


1870. 


1871. 


1872. 


1873.       1874. 


.0.0532+ 


1875. 


1876. 


1877. 


1878. 


0.1362+0.0072+ 


■  0.110  +0.136  + 

Alaska  catch 0.9380+0.890  +0.813  +0.8047+0.7743+ 

Copper  Island....  I 0.051  +0  059  +0.1653+ 


Total 1.0000     1.0000    ,1.0000    11.0000     1.0000 


1879. 


0. 0560+  0.  0782+  0. 10.'.4+  0.  0831+  0. 0730+ 

0. 0440+  0. 0618+  0. 0575  y  0. 0722+ 

0. 0  '46  ir  ,0. 0282+  0.  0158+  000251+0. 0927+ 
0.  6830  f  0. 6204  I-  0.  6113+  0.  098  +  0. 5944+ 
(1. 2364+  0.  2292+  0. 2059+  0. 1363+0. 1677+ 


1.0000    1.0000    1.0000    il.OOOO 


I.UOOO 


Lobos  Island 

Ciipc  Horn 

North wi'st  Coast 

Alaska  catch 

Copper  Island  — 


1880. 


1881.       1882.        1883.        1884.       1685, 


0. 08(14+  0.  ^720+  0.  07>i3+  0. 0923+ 
0.  0i)4C+  0  0697+  0.  0G24+  0.  0334 
0.  0730 +  jO.  0825+  0. 12  ;3+  0.  0085+ 


0. 0950  + 
0.  0332 
0.  1187f 


!0.  5417+0. 5307+  0.  534:'.+  0.  5442+0. 5821+ 
0.  J103  f  |0.  2451+  0.  2097+,0. 2616     |0. 1631  + 


Total 1.0000     11.0000      1.0000      1.0000      1.0000 


i 


1886. 


9. 5.'>40+  0. 
0.  0196+  0. 
0.113+0. 
0.5447+0. 
0. 2884+  0. 


1887.       1888.       1880. 


0718+0.0521+0. 
0047+  0.0133+0. 
1795+0.2047+0. 
5307+0.4721+0. 
2143+0.2578    lO. 


0981+0.0435+ 
0207+  0.  0156+ 
1894+0.2075  + 
4728+0.4975+ 
2190     0. 2350+ 


1.0000 


1.0000    1.0000    ,1.0000     1.0000 


Table  of  annual  seal-skin  supply  compiled  from  table  of  London  trade  sales  as  given  by 

Emil  Teichmann, 


1870. 

1871. 

1872. 

1873. 

1874. 

1875. 

1876. 

1877. 

1878. 

1879. 

6,958 

8,507 

8,179 

11, 353 

6,306 

4,097 

GO,  207 

33,  298 

13, 066 
7,631 
1,945 

75, 410 
25, 380 

12,  301 
18, 227 
3,607 
99,  911 
19,000 

12,295 
12  180 

0,i\\u\  Horn 

Northwest  Coast  . 

Alaska  catch 

Copper  catch 

684 
9,965 

12,  495 

100, 896 

16,303 

96,  2K3 

7,182 

931 

101,  248 

21,614 

7.843 
90, 150 
30, 349 

3,575 
99,  034 
34,  470 

15, 527 

100, 036 

28,211 

Total 

10,649  |U3,391  ill9,768  jl30,749  ^136,851 

145,867  145,321  1123,432 

143, 046 

168, 249 

1880         1881. 

1882. 

1883. 

1884. 

1885 

ISSO. 

1887. 

1888. 

1889. 

Lubos  Island 

Cape  Horn 

Northwest  Const. 

Alaska  catch 

Copper  catch 

1 
14,380     13,509 
17,,j(;2     13,164 
13.501  i  16.573 
100,161  1     0.994 
38,  885  1  45,  209 

13, 200 
11,711 
23,  207 
100, 100 
39.  Ill 

12,  861 

4,  6.'i5 

9,544 

ir,.  014 

36, 500 

16, 258 
6, 743 
20, 142 
09,  887 
20, 675 

10,  O.W 
3, 404 
20,  265 
99,719 
48,  929 

13, 667 
909 
33, 975 
99,910 
41, 752 

11,068 
2,  702 
43,  339 
99.  940 
64,  584 

20,747 

4,403 

40, 000 

100, 000 

46,333 

8, 75,-. 

3, 021 

41,808 

100, 000 

47,416 

Total 

184,  U40    1156,436  .187,329  j  139, 474 

169,705  183,270 

100, 213  j211, 603 

211, 483 

201,000 

LOSS   TO   UNITED   STATES. 


575 


Skins. 

46, 333 

47, 416 
05, 486 
17, 025 
30, 078 

708, 096 

9/  London  trade 


1878. 


1879. 


1+0.0831+0.0730+ 
3+ 0. 0575  f  10.0722  + 
J+ 000251+ 0.0927+ 
J+  0.  098  +0.  5944+ 
>+  0. 1363+  0. 1877+ 


)    11.0000 


I.UOOO 


1888. 


188S. 


1+0.0981+0.0435+ 
I +  ;0. 0207+ 0.0156+ 
+,0.1894+0.2075  + 
+  10.4728+0.4975+ 
|0. 2190     0. 2359+ 

|1. 0000     1. 0000 


ales  as  given  by 


1878. 

1879. 

i  12, 301 
18,  227 
i   3,607 
»  99,911 
I  19,000 

12, 295 
12, 180 
15,  527 
100,  036 
28,211 

143, 048 

168, 249 

1888. 

1889. 

20,  747 

4,403 

40,  000 

100, 000 

40, 333 

8. 75.') 
3,021 

41,  H08 
100,  000 

47,416 

211,483 

201,000 

LOSS  IF  HERD  DESTROYED. 


LOSS  TO  UNITED  STATES. 


Page  269  of  The  Case. 


I  have  signed  tbe  firm  name  to  the  statement  hereto  annexed,  which 
has  been  prepared  from  a  careful  examination  of 
the  firm  books,  and  1  Ivnow  it  to  be  true  in  all  re-  C.FrandsJiuUs, p.  509, 
spects.  The  seal  skins  therein  referred  to  were  all 
purchased  at  Victoria,  British  Columbia,  and  are  of  the  class  commonly 
known  as  northwest  coast  skins,  i.  <*.,  skins  from  animals  which  were 
caught  in  the  Pacific  Ocean  or  in  the  waters  of  Bering  Sea.  The  state- 
ment represents  all  of  the  skins  of  this  kind  which  were  purchased  by  my 
firm  between  the  years  1880  and  ISOO,  inclusive,  together  with  the  full 
prices  paid  for  them.  I  believe  these  j»ri(!es  to  represent  the  average 
value  of  northwest  coast  skins  at  Victoria  during  these  years,  except 
that  the  price  paid  for  the  small  lot  purchased  in  181)0  is,  as  I  am  in- 
formed, below  the  average  for  that  year.  I  find,  however,  upon  referring 
to  my  books,  that  this  lot  was  composed  of  small  skins,  some  of  them 
in  poor  condition, 

]>uring  the  year  1891  we  purchased  no  northwest  coast  skins,  and  I 
am  therefore  unable  to  state,  of  my  own  knowledge,  their  value  in  that 
year,  but  I  uiulorstand  that  in  the  fall  of  1800  and  in  1801  it  was  very 
mudi  liigher  than  in  any  previous  year,  owing  entirely  to  the  diniini.shed 
catch  of  seal-.skins  upcm  the  Pribilof  Islands  by  the  lessees  of  the  Gov- 
ernment during  those  years.    *    •     * 

Statement  hy  Martin  Bates,  jr.,  ^  Co.,  of  New  York. 


Year. 


1880 

1881 

1S82 

1883 

Ifl84 

1885 

1880 

1887 

1888 

1889 

1890 

Total 


Nunilicr  of 
8e!il-.'«kiiis 
iiiircliaHed 
lu  Victoria. 


4, 
5. 
8, 
6, 
11, 

i;i, 

Hi, 


355 
303 
780 
S93 

436 
707 
996 
805 
50« 
369 


74,  707 


Avprago 

price  per 

skin. 


$11.10 
9.  ;i5 
5.80 
5.  00 
5.38 
6.27 


Total  price. 


$48, 342.  50 

49,  578.  23 

50.  907  87 
40,700.10 
62,  0.'>2.  26 
70,  807.  «0 
82.211.64 
14,  141,75 
10,  Sil.'i  00 

2,  90().  00 
],7;i5.  00 


439,  970.  80 


For  many  years  we  have  been  large  purchasers  of  Alaska  (or  Pribilof 
Island)  fur-seal  skin.s,  having  bought  in  London 
and  brought  to  this  country  between  the  years  C.  Francis  Bates,  p.  529. 
1879  and  1891  71,004  such  iskins.  I  am  familiar 
with  the  value  and  extent  of  the  industry  of  manufacturing  articles  of 
fur-seal  skins  in  this  country,  my  house  having  until  very  recently 
been  largely  interested  in  it.  This  industry  is  one  of  groat  value  to 
the  United  States.  The  fur-seal  skin  is  in  many  respects  one  of  the 
most  valuable  furs  that  has  ever  been  placed  on  the  nuirket.  I  have 
read  the  statement  *  hereto  annexed  and  signed  the  name  of  my  firm 


*  See  aOldavits  of  Joseph  Ulluiann  et  al.,  aud  Samuel  Ulbnaun. 


i 


III  i 


576 


LOSS   IP   HERD   DESTROYED. 


thereto.  I  believe  it  to  be  in  all  respects  correct, 
paragraph  in  the  aflfldavit  of  Samuel  UUmann 
agree  with  what  is  said  therein. 


I  have  read  the  last 
hereto  annexed  and 


The  tables  hereto  annexed  marl  ed  A,  B,  0.  D,  E,  and  P,  have  been 
prepared  by  me  from  the  printed  catalognes  of 

Alfred  Fraaer,  p.  56h  public  au(rtion  sales  in  Londou  of  fur-seal  .skins 
and  also  from  my  private  memoranda,  and  from 
my  knowledge  and  information  of  the  fur-seal  industry,  I  believe  them 
to  be  correct  in  every  particular.  Said  tables  state  all  of  the  salt:d 
fur-seals  of  the  Alaska,  Copper,  northwest  coast,  and  Lobos  catches, 
which,  according  to  the  said  catjilogues  and  memoranda,  were  sold  at 
public  auction  in  London  between  the  years  1868  and  1891,  together 
with  the  averajre  i)rice  per  skin  obtained  during  each  of  said  years  for 
the  aforesaid  skins. 

Exhibit  A. 
Salted  Alaska  fur-seal  sold  in  London  from  1S71  to  1891. 


Tear. 

Skina. 

Average 

price  per 

skin. 

1870 

9,965 
100,896 
90,  283 
101,248 
90. 150 
90,  634 
90, 267 
75, 410 
99,911 

«.  d. 
21    8 
42    2 
44  10   ' 
52    0    ! 
52    6    i 
50    9 
34    4 
39  11 
69     2    1 

1871 

1872 

1873 

1874 

1875 

1870 

1877 

1878 

Year. 


1879, 
1880, 
1881 
1882, 
1883 
1884 
1885 
1886 
1887 


Skina. 


100, 036 
100, 161 
99, 921 
100, 100 
75,914 
99, 887 
90, 719 
99,910 
99, 940 


Averajre 

price  per 

skin. 


s.  d. 

84  9 

91  5 

79  9 

53  7 

82  9 


51 
57 
69 
56 


Year. 

Skins. 

1888 

1889 

1890 

1890 

1891 

100, 000 
100, 000 

20, 994 
4,158 

13, 473 

Total.. 

1, 877, 977 

A  verage 

price  per 

skin. 


(.   a. 

78  0 
67    0 

146  0 
98    6 

125    0 


Exhibit  B. 
Salted  Copper  Island  fur-seal  sold  in  London  in  the  years  1870  to  1893. 


Year. 

Skina. 

Average 

price  per 

skin. 

Year. 

Skina. 

Average 

price  per 

akin. 

Year. 

Skina. 

Average 

price  per 

skin. 

1870 

12, 030 
9, 522 
7,  182 
21.614 
30,  349 
34,479 
33, 298 
25,  380 
19,000 

«.  d. 

18    8 
21    4 
33    9 
36    0 

40  0 

41  0 
24  10 
26    6 
38    6 

1879 

1880 

1881 

1882 

1883 

1884 

J885 

1886 

1887 

28,211 

38,  885 
45.209 

».  d. 

67    6 
80    0 
(SO     0 

1888 

1889 

1890 

1891 

1892 

Total.. 

46,333 

47,410 
95, 486 
17,025 
30, 678 

«.  d. 
38    3 

1871 

50    6 

1872 

72    1 

187:) 

39,  111          45    6  1 
36,  500  !        38    3 
26,075          59    0 
48,929  ;         37    0 

64    8 

1874 

68    6 

1875 

1876 

789,048 

1877 

41, 752 
54,584 

40    0 

40    0 

1878 

Exhibit  C. 

Salted  Northwest  ooast  fur-seal  sMns  sold  in  London  prior  to  pelagic  sealing  in  Bering 

Sea. 


Year. 

Skina. 

Average 

price  per 

skin. 

Year. 

Skins. 

Average 

price  per 

■kin. 

Year. 

Skina. 

Average 

price  per 

akin. 

1872 

1,029 

«.  d. 
9    9 

1877 

*.  d. 

1882 

1883 

11, 717 
2,  310 
9,242 

«.  d. 

20    3 

1873 

1878 

1879 

264 

12.212 

8, 9;i9 

9,  (197 

42    0 
53    5 
57    0 
31    7 

2S  10 

1874 

4,949 
1,646 
2,042 

34    7 
30    8 
21    4 

1884 

Total... 

27     9 

1875 

1880 

1  1881 

1876 

04,360 

read  the  last 
muexed  aud 


P,  have  been 
atalogues  of 
iir-seal  skins 
la,  and  from 
believe  them 
)f  the  salt:d 
)bo8  catches, 
were  sold  at 
iOJ,  together 
aid  years  for 


^kins. 

A  verage 

price  per 

skin. 

00,000 
00,  000 
20,  994 
4,158 
13, 473 

t.    d. 

78    0 
6V    0 

146    0 
98    6 

125    0 

77,977 

1S9IS. 


dns. 


Average 

price  per 

sldn. 


f.  d. 

6,333 

38    3 

7.1 13 

60    6 

i,486 

72    1 

r,  0'J5 

64    8 

:),678 

68    6 

1,648 

ing  in  Bering 


D8. 

Average 

price  per 

akin. 

717 
319 
242 

«.  d. 

20    3 

26  10 

27  2 

306 


LOSS   TO   UNITED   STATES. 
Exhibit  D. 


577 


Salted  Iforthtoeat  coast  fur-seal  sMns  sold  in   London  after  commencement  of  pclagie 

sealing  in  Bering  Sea. 


Year. 

Skina. 

Averngo 

price  per 

skiu. 

Tear. 

Skins. 

Averngo 

price  per 

skin. 

Tear. 

Skins. 

Average 

price  per 

skin. 

1885 

2,078 
17, 90t) 
30,  !MI7 
30, 818 

«.  d. 
26    1 
28    8 
30  11 
30  10 

1889 

1890 

1891 

39, 563 

38,;iI5 
54,180 

t.   d. 
39    5 
CO  10 
62    0 

1892*  

Total... 

28, 298 

t.   d. 
41    7 

1KS6 

1887 

254,  008 

1888 

*To  March  2J. 

Exhibit  E. 
Salted  Lolos  Island  fur-seal  skins  sold  in  London. 


Tear. 


1873 
1874 
1875 
1876 
1877 
1878 
1879 
1880 


Average 

Skins. 

prico  per 

skin. 

«.     d. 

0, 9,56 

(*) 

8,509 

(*) 

8,179 

n 

11,353 

n 

13, 006 

14    5 

12, 301 

35    6 

12,  295 

42    0 

14,865 

41    1 

Tear. 


1881... 
1882... 
1883... 
1884... 
1885... 
1880... 
1887... 
1888... 


Average 

Skins. 

price  per 

skiu. 

».     d. 

13, 509 

31      1 

13,200 

16      5 

12, 8U1 

19      0  1 

16,  2.".8 

14      1 

10, 953 

•    16      0 

13,  007 

18      6 

11,068 

17      3 

20,  747 

20      0 

Tear. 


188:1. 

18!)0. 
1891. 
1892i 


Skiii.s. 


8, 755 
18,541 
15,  834 

4,800 


Averngo 

price  |;i  r 

skin. 


247, 777 


I. 
25 
31 
33 
25 


if. 
0 
9 

U 
4 


*  Unknown. 


t  To  date 


Exhibit  P. 


Salted  Alaska  fur-seal  skins  sold  in  London  in  the  years  ISGS  to  1S71  taken  prior  to  the 

leasing  of  the  rribilof  Islands. 


Tear. 

Skina. 

Average 

price  per 

skiu. 

Tear. 

Skins. 

.•\  vera go 

price  per 

slciu. 

1868 

28,220 
121,820 
110, 511 

n.    d. 

24  8  1 

25  0 
20      8 

1871 

20,111 

».      d. 

20        7 

1SC9 

Total 

1870 

280,  002 

It  was  one  of  the  first  firms  to  introdiK-e  seal  skin  garments  into  the 
United  States,  aud  since  1857  it  has  constantly 
been  engaged  in  placing  them  upon  the  market.     Franklin  L.  Gunther.p. 
It  has  been  in  the  habit  of  buying  annually  in  531. 
London  from  2,000  to  ({,000  Alaska  fur-seal  skins, 
and  it  has  handled  very  many  more.    I  have  signed  the  name  of  the 
tirm  to  the  annexed  statement,*  which  I  have  carefully  read,  and  be- 
lieve to  be  in  all  respects  correct. 

Between  the  years  1880  and  1890  we  handled  per  annum  on  an  aver- 
age 12,000  fur-seal  skins  of  the   three  catches. 
Between  1885  and  1890  we  handled  from  35,000  to      Alfred  Harris,  p.  529. 
40,000  Alaska  skins  which  had  been  dressed  and 
dyed  in  London.    Of  this  number  we  purchased  ourselves  in  London 


*See  affidavit  of  Joa.  UUmanu  et  al. 


37  B  s 


678 


LOSS    IF   HERD    DESTROYED. 


and  l)roii{?lit  to  this  country  about  ninetentlis.  I  have  signed  the 
name  of  Harris  &  Bussak  to  the  statement*  hereto  annexed,  which  1 
have  carefully  read.  I  believe  it  to  be  in  all  respects  correct.  I  have 
read  the  last  paragraph  or  section  in  the  annexed  attidavit  of  Samuel 
Ullmann,  and  I  agree  with  everything  contained  therein. 

I  do  a  large  business  in  fur-seal  skins,  and  between  1885  and  1890 
annually  bought  and  imported  into  this  country 
Hutjo  Jacckei,  p.  531.      from  London  from  6,000  to  8,000  dressed  and  dyed 
Alaska  fur  seal  skins,  and  a  proportionate  num- 
ber of  fnr-seal  skins  of  the  other  principal  catches.    I  have  signed  the 
name  of  Asch  &  Jaeckel  to  the  annexed  statement,*  wliich  I  have  care- 
fully read.    I  believe  it  to  be  in  all  respects  correct.    I  have  also  read 
the  last  paragraph  in  the  annexed  afHdavit  of  Samuel  Ullmann,  and 
agree  with  everything  therein  contained.    The  same  is  true  of  an  afh- 
davit  verified  on  the  21st  diay  of  June  by  William  Wiej^ert,  my  present 
superintendent. 

The  quantity  of  northwest  or  "Victoria"  seals  that  were  dressed  and 
dyed  in  the  United  States  forborne  consumption, 
Isaac  Liehes,  p.  454.       and  never  reached  the  London  market,  I  estimate 
as  follows:  1880,  6,000;   189(),  4,500;  1891,2,1(10. 
These  estimates  are  made  up  from  memoranda  1  have  been  accustomed 
to  keep  from  time  to  time  of  the  number  of  skins  offered  for  sale,  and 
which  did  not  go  forward  to  London  as  shown  by  the  trade  sale  cata- 
logues. 

My  duties   as   such    superintendent  demanded  that  I   should   be 
thoroughly  con versant  with  all  the  details  of  sliip- 
H.  R.  Mcintyre,  p.  518.  ping  and  transporting  seal-skins  t.aken,  and  the 
necessary  expenses  incurred  by  my  employers. 
From  my  knowledge  of  such  expenditures  I  herewith  submit  the  follow- 
ing statement  in  relation  to  the  cost  of  putting  the  annual  quota  of 
skins  obtained  on  the  Pribilof  Islands  upon  the  market  when  a  hundred 
thousand  seals  are  killed,  and  1  believe  such  statement  to  be  practically 
correct : 

Maintonance  of  island  eetaWiHliinonts $12, 000 

Salaries  of  employi^a  (exclusive  of  natives) 12,000 

Trausportatiou  to  Sau  Francisco l;",  000 

Transportation,  San  Francisco  to  New  York 20. 000 

Transportation,  New  York  to  London 6, 000 

Insurance,  $1,400,000  at  1  per  cent 14, 000 

Commission  for  selling,  2 J  per  cent  of  $1.500,000 37,  500 

Storage,  cooperage,  twine,  salt,  etc 15, 500 

Interest  on  the  plant,  10  per  cent  of  $100,000 10,  000 

Annual  rental  paid  to  Government,  per  terms  of  lease 60,  000 

Obligations  of  the  lease  for  tish,  fn(!l,  medicines,  etc 25,  000 

Supervision  of  business  from  San  Francisco 20,000 

First  cost  of  skins  to  natives 40,  (MH) 

Cost  of  100,000  skins  delivered  in  London,  sold 287,000 

In  1859  he  imported  44  seal-skins  from  London;  his  annual  importa- 
tions gradually  increased  until  in  the  year  1877  he 
FmilJ.  Stake,  p.  530.      imported  16,804  dressed  and  dyed  seal-skins  of 
all  cat(!hes.    His  books  show  the  following  pur- 
chases in  London  of  dressed  and  dyed  Alaska  fur-seal  skins,  all  of  which 

*8ee  affidavit  of  Jos.  Ullmann  et  al. 


I  signed  the 
setl,  wli it'll  1 
ect.  I  have 
it  of  Samuel 


^85  and  1890 
this  country 
ed  and  dyed 
ionate  nuui- 
e  signed  the 
I  have  care- 
ve  also  read 
Ilmann,  and 
le  of  an  ath- 
,  my  present 


dressed  aiul 
onsnniption, 
',t,  I  estiniiitc 

1891,  2,100. 

accustomed 
for  sale,  and 
[e  sale  cata- 


should  be 
tfiilsof  sliip- 
ien,  and  the 

employers. 

the  Ibllow- 
lal  quota  of 
u  a  hundred 

practically 


$12,000 

12.000 

15,000 

20.000 

6, 000 

14,000 

37, 500 

15,  .500 

10, 000 

60,000 

25,000 

20, 000 

'10,  (H)0 

287,000 

lal  importa- 
^ear  1877  he 
'.al-skins  of 
owing  pur- 
all  of  which 


LOSS   TO    UNITED   STATES. 


579 


weve  brought  to  this  country:  1887,  9,000;  1888,  5,800;  1889,  0,800. 
Tiiese  figures  fairly  represent  his  average  purchases  and  importations 
bevveen  1880  and  1889. 

The  luimber  of  Alaska  fur-seal  skins  which  are  imported  annually 
into  th(i  United  States,  after  dressing  and  dyeing 

in  London,  is,  upon  the  basis  of  tlie  importations  ,  ^^^^^'^  mimann  etal., 
during  the  past  ten  years  and  upon  a  catch  of  ^'■' 
100,000  skins  at  the  I'ribilof  Islands,  correctly  estimated  at  65,000  to 
75,000. 

The  value,  before  paying  duty  thereon  tothe  United  States,  of  each 
dressed  and  dyed  fur-seal  skin  so  imported,  may  be  said  to  range  be- 
tween $15  and  !S50,  with  an  average  value  during  the  past  ten  years  of 
about  $25  a  skin. 

The  wages  paid  annually  to  people  engaged  in  the  manufacture  aud 
remodeling  of  seal-skin  articles  are,  on  an  average,  about  $7  a  skin,  or 
upon  70,000  skins,  $490,000. 

The  profits  made  annually  by  merchants,  wholesale  furriers,  and 
retail  furriers  amount  to  about  $30  a  skin,  or  upon  70,000  skins, 
$2,100,000. 

The  amount  of  silk  consumed  annually  in  the  manufacture  in  the 
United  States  of  70,000  fur-seal  skins  into  articles  and  in  the  repairing 
of  these  articles,  may  bo  estimated  at  $150,000  to  $200,000.  All  silk 
which  is  being  so  consumed  at  the  present  time  is  made  in  the  United 
States. 

The  books  of  the  New  York  house  show  the  following  purchases  of 
dressed  and  dyed  Alaska  fur-ser.l  skins  in  London 
between  the  years  1885  a  id  1891.    All  of  these     SamuelUllmann,p.5^. 
])urchases  were  brought  to  this  country:  1885, 

11,818  out  of  a  total  Ahiska  catcii  of  about  100,000;  1886, 12,646  out  of 
atotalAlaskacatcli  of  about  100,000;  1887,  25,344  out  of  a  total  Alaska 
catch  of  about  100,090;  1888,  17,900  out  of  a  total  Alaska  catch  of 
iibout  109,000;  1889, 14,100  out  of  a  total  Alaska  catch  of  about  100,000; 
1890,  3,569  out  of  a  total  Alaska  catch  of  about  21,000;  1891, 3,240  out 
of  a  total  Alaska  catch  of  about  13,000. 

I  have  signed  the  name  of  Joseph  Ullmann  to  the  annexed  state- 
ment,* which  I  have  carefully  considered,  and  to  the  best  of  my  infor- 
mation and  belief  this  stateiuent  is  correct,  except  that  I  know  noth- 
ing about  the  silk  consumed.  I  regard  the  figures  given  therein  as 
conservative. 

My  father  dressed  and  dyed  a  few  seal-skins  in  1832,  and  each  year 
thereafter,  and  in  1864  this  became  a  lucrative 
item  of  our  business.    Since  1870  the  house  has  ^«"-  ^-  ^eadwell,  p. 
bought  annually  from  5,000  to  6,000  salted  fur-  ^  "*• 
seal  skins  in  London,  all  of  which  it  has  dressed  and  dyed  in  Albany. 

I  understand  that  my  concern  and  that  of  J.  D.  Williams,  of  Brook- 
lyn, have  heretofore  been  the  only  regular  and  recognized  dressers  and 
dyers  in  the  United  States.  Until  last  year  our  house  dressed  and 
dyed  skins  only  for  its  own  use. 

In  addition  to  dressing  and  d;y  eing,  our  house  annually  manufactures 

*  Soo  iiffldtivit  of  Jos.  UUmaiui  et  al. 


I 


€ 


580 


LOSS   IF    HERD    DESTROYED. 


a  large  number  of  fursoiil-skiii  articles.    I  ain  deeply  iutcrested  iu  the 
protection  of  the  fur-seals. 

That  for  the  twenty  years  last  past  deponent's  said  firm  have  bought 
on  thoAv  own  account,  dressed  and  dyed,  annually 
Henry  TreadweU,p.  524.  iVoni ;"),()()()  to  8,000  sealskins.    That  nearly  all  of 
the  sldns  purchased  by  deijoneut's  said  tirm  are 
bought  of  0.  M.  Lauipson  &  Co.,  of  London,  who  are  the  largest 
dealers  in  seal-skins  in  the  world.    That  the  majority  of  the  skins 
bought  by  said  tirni  are  a  part  of  the  skins  known  as  the '"Alaska" 
<!atch — that  is,  as  deponent  is  informed  and  believes,  the  skins  of  seals 
killed  on  the  Pribilof  Islands  by  the  companies  having  leases  from  the 
United  States  for  that  purpose.    A  certain  number  of  skins  bought 
by  deponent's  firm  are  tliose  killed  upon  the  Kussian,  called  the  Com- 
mander, islands,  known  as  the  copper  catch,  and  about  30  per  cent 
of  the  whole  number  of  seal  skins  bought  by  deponent's  Arm  are  what 
are  called  the  northwest  coast  skins — the  skins  of  animals  killed  and 
caught  in  the  open  sea. 

I  have  signed  my  name  to  the  annexed  statement,*  which  I  have 

carefully  read,  and  believe  to  be  correct  in  every 

Henry  Tieadwell,p.52d.  respect.    I  have  also  read  the  last  paragraph  or 

section  of  the  annexe<l  aflidavit  of  Samuel  UU- 

mann,  and  I  agree  with  everything  therein  stated. 

The  amount  of  revenue  derived  by  the  United  States  from  the  Alaska 
catch  can  be  estimated  from  the  following  figures, 

C.  A.  WHliaim,  p.  539.  carefully  compiled  by  deponent,  from  1872  to 
1887,  inclusive: 

The  total  number  of  skins  dressed  and  dyed  iu  London  and  shipped 
t»  the  United  States  during  those  sixteen  years,  was  825,000.  The 
value  of  the  same  was  £3,25J,941,  which  at  exchange  of  $4.80  would 
produce  $15,018,1)16;  the  duty  upon  which  at  20  per  cent  ad  valorem 
would  be  $3,123,783.  The  average  duty  per  annum  is  $195,236.  The 
average  rental  received  by  tlie  Governnient  and  tax  during  these  years 
from  the  Alaska  Commercial  Comi)any  was  $317,500,  making  a  total 
average  to  the  United  States  from  the  Alaska  seal  skins  of  $512,736; 
and  the  total  during  the  sixteen  years  above  noted  of  $8,203,776,  all  of 
which,  as  deponent  believes,  will  be  lost  to  the  United  States  in  the 
future  if  the  destruction  is  not  prohibited. 


And  as  more  than  half  of  the  Alaska  skins  sold  in  London  are  re- 
turned as  dressed  skins  to  America,  the  United 
G.  A.  Williama,  p.  546.  States  Government  adds  to  its  revenue  from  the 
seal  islands  by  the  collection  of  20  per  cent  duty 
on  the  valuation  of  this  return.    It  is  estimated  that  75,000  dressed 
and  dyed  skins  were  shipjied  from  Loudon  to  New  York  iu  1887. 

Most  of  the  furs  dressed  and  dyed  in  my  establishment  are  fur-seal 
skins,  and  during  each  of  the  past  five  or  six 
Jos.  D.  Williams,  p.  y^^rs  I  have  dressed  and  dyed  from  8,000  to 
^^-  10,000  seal- skins. 


nested  iu  tho 


have  bought 
ed,  annually 
nearly  all  of 
aid  tirm  are 
tho  largest 
)f  the  skins 
le  '-Alaska" 
kins  of  seals 
ses  from  the 
kins  bought 
(id  the  Oom- 
30  per  cent 
rm  are  what 
s  killed  and 


yhich  I  have 
ect  in  every 
)aragrai)h  or 
Samuel  Ull- 


n  the  Alaska 
wing  figures, 
•om  1872  to 

and  shipped 

iJ5,0()0.    The 

$4.80  would 

ad  valorem 

)5,236.    The 

these  years 

ing  a  total 

of  $512,730; 

)3,77G,  all  of 

tates  in  the 


idon  are  re- 
the  United 
Lie  from  the 
r  cent  duty 
000  dressed 
1887. 

are  fur-seal 
five  or  six 
im  8,000  to 


LOSS   TO   GREAT   BRITAIN.  681 

LOSS  TO  GREAT   BRITAIN. 
Page  272  of  Tlio  Case. 

That  the  business  of  dealing  in  fur-seal  skins  ir»  the  city  of  Lvmdon 
has  hecome an  established  and  iin])ortaTit  industry. 
Deponent  is  informed  that  practically  all  tlie  seal  B.  S.  Bevinghn,  p.  552. 
skins  in  the  world  arc  sohl  in  London,  and  tlie 
number  runs  up  in  the  year  to  between  100.000  and  20(>,000,  averaging 
considerably  over  ir»0,(H)0  a  year.  These  skins  are  sold  for  the  must 
part  either  by  the  firm  of  C.  M.  Linupson  &  Co.,  tlirongli  their  brokers, 
Gnad,  liigg  &  Co.,  or  by  the  firm  ,  i  Culverwdl,  Brooks  &  Co.  At  the 
auction  sales,  which  are  advertised  twice  or  tlirec  times  in  tlie  year  by 
these  firms,  skins  are  bouglit  by  dealers  from  all  over  tlie  worhl,  who 
are  present  either  in  person  or  by  i>roxy.  The  next  stage  in  the  in- 
dustry is  the  dressing  and  dyeing  ol"  ( he  furs,  and  practically  the  whole 
of  these  fur-seal  skins  soM  in  London  arc  dress(>d  and  dyed  in  that  city. 
The  principal  firms  being  engaged  in  that  business  are  C.  W.  Martin  & 
8ons  and  George  liice.  Deponent's  own  firm  dress  a  small  number  of 
skins  and  liave  dressed  in  one  year  as  many  as  23,000,  and  formerly 
dyed  large  numbers  of  skins,  but  do  not  now  dye  skins,  as  the  secrets 
of  the  present  fashionable  color  are  now  in  the  hands  of  other  firms. 
After  having  been  dressed  and  dyed,  the  skins  of  the  fur-seal  are  then 
passed  into  the  hands  of  fur  merc^hants,  by  whom  in  turn  they  are 
passed  to  furriers  and  drapers  and  retail  dealers  generally.  Deponent 
estimates  the  total  number  of  perso  is  engaged  in  one  way  or  another, 
directly  or  indirectly,  in  the  fur-seal  industry  in  the  city  of  London  at 
at  least  two  or  three  thousand,  many  of  wliom  are  skilled  laborers,  all 
receiving  high  wages. 

That  a  large  amount  of  capital  is  also  invested  in  the  business  in  the 
city  of  London,  and  the  precise  value  of  the;  industry  can  be  estimated 
by  reckoning  the  amount  expended  in  the  various  processe»  which 
deponent  has  enumerated  upon  each  skin,  l^'or  instance,  after  the 
skins  arrive  at  the  London  nuirkct  they  are  sold  at  the  sales  at  prices 
which  in  the  year  1890  averaged  say  80  shillings  apiece.  The  commis- 
sions on  the  selling  of  the  goods  including  warelumsing,  insurance,  and 
so  forth,  deponent  believes  amounted  to  (">  per  cent  of  the  price  obtained. 
That  the  amount  paid  for  dressing,  dyeing,  and  nmchining  each  skin 
averages  say  10  shillings.  These  ])rocesses  take  together  about  four 
or  five  months.  The  next  exi)cnditure  upon  the  skin  is,  say,  an  average 
of  five  shillings  at  least  for  each  skin  for  <'utting  u]),  and  that  tliere- 
after  there  will  be  an  average  of  at  least  from  3  shillings  to  4  shillings 
per  skin  expended  in  quilting,  lining,  and  making  up  the  Jackets  or 
other  g{n"'nents,  showing  a  total  ex])enditure  up(ni  each  skin  for  labor 
alone,  in  uuc  city  of  London,  of  25  shillings  in  addition  to  the  percent- 
age paid  for  brokerage,  before  the  jiroct'ss  of  manufacture  began,  and 
the  most  of  this  money  is  actually  paid  out  in  wages. 

Deponent  says,  that  in  the  above  estimates  he  has  given  the  bottom 
figures  and  that  the  amount  actually  expended  upon  the  skins  in  the 
city  of  London  undoubtedly  averages  a  larger  sum.  This  would  make  (m 
an  average  of  200,000  skins  a  year,  which  is  not  excessive,  a  total  ex- 
penditure annually  in  the  city  of  London  of  £250,000,  minus  the 
amounts  paid  tor  cutting  and  making  up  in  respect  to  the  skins  sent 
to  the  United  S^iates. 


m 


3^ 


582 


LOSS   IF   HERD   DESTROYED. 


Deponent  says  that  the  number  of  persons  who  are  employed  In  the 
liandliiig,  drcssiufj,  dyoin};,  cnttiiijr,  and  manu- 
al I/red  Frrtsoe,  p.  558.      faotnrinp:  of  soul  skins  in  tlie  city  of  London  is 
about  2,000,  many  of  whom  are  skilled  hiborers, 
earning  as  liigh  as  £3  or  £4  a  wcok.     Deponent  estimates  the  anionnt 
paid  in  the  city  of  London  for  wajjes  in  the  preparation  of  fur-aeal  skins 
for  a  manufacturer's  uses,  and  exchidin*;  the  wages  of  manufacturers' 
employ<^s,  j  rior  to  the  beginning  of  the  pelagic  sealing  in  1885,  at  about 
£100,000  per  annum. 

A  large  capital,  the  .amount  of  wliich,  however,  it  would  be  difBeult 
to  estimate,  is  invested  in  the  business  of  selling 

Arthur  Hirgohel, p.  563.  raw  fur-seal  skills.  Two  firms  own  large  ware- 
houses, and  one  of  them  expensive  cold-storage 
vaults,  portions  of  which  are  used  exclusively  f«)r  the  purpose  of  storing 
fur-seal  skins. 

About  seven  firms  are  engaged  in  the  dressing  and  dyeing  of  seal- 
skins, of  which  a  very  mucli  larger  amount  is  done  in  London  than  in 
any  other  city  in  the  world.  In  this  branch  of  the  fur-seal  industry 
there  are  invested  about  £80,000  in  permanent  plant,  which  would 
become  entirely  nseless  if  the  seal-skin  industry  were  to  come  to  an 
end. 

About  12,000  dressed  and  dyed  Alaska  fur-seal  skins,  which  may  be 
valued  at  £5  a  skin,  are  annually  manufactured  into  garments  in  Lon- 
don, and  a  very  much  larger  proportion  of  Copper  and  Northwest  coast 
skins  are  so  consumed. 

The  seal-skin  industry  furnishes  occupation  to  workingmen  in  Lon- 
don as  follows:  To  about  600  dressers  and  dyers;  to  about  1,400  cut- 
ters, nailers,  sewers,  and  other  laborers  engaged  in  manuf^xcturing  seal- 
skin articles.  Many  of  those  employed  as  above  are  skilled  laborers, 
who,  in  any  other  employment,  woxild  be  but  ordinary  laborers.  Some 
of  them  have  been  engaged  in  tlds  industry  from  childhood.  In  the 
foregoing  no  account  is  taken  of  the  numerous  clerks,  salesmen,  and 
jjorters,  of  whom  large  numbers  owe  their  means  of  support  to  the 
trade  in  ftir-seal  skins. 

I  believe  that  in  round  numbers  the  capital  invested  in  this  industry 
in  London  amounts  t-o  £1,000,000,  and  that  when  a  full  Alaska  catch 
came  to  market  the  weekly  amount  expended  in  wages  in  connection 
with  all  the  catches  was  about  £2,500  or  £3,000  a  week. 

That  the  business  at  the  presenttimo  has  attained  the  rank  of  an  im- 
portant industry,  in  which  there  is  embarked  in 
Sir  G.  C.  Lampaon,  p.    ^\^q  gjj^y  ^f  London  a  largo  amount  of  capital  and 

upon  which  there  is  dependent  a  large  number  of 
workmen  and  employes.  The  amount  of  capital  from  time  to  time  in- 
vested in  the  business  is  correctly  stated,  deponent  believes,  by  Mr. 
Teichmjinn,  at  as  much  as  £1,000,000,  and  until  within  a  year  or  two 
the  numbers  of  persons  depending  upon  the  industry  for  their  support 
has  likewise  been  correctly  stated  by  Mr.  Teichmann,  approximately 
at  2,000  persons,  receiving  on  an  average  a  weekly  wage  of  30  shillings, 
and  most  of  them  having  families  dependent  upon  their  labors  for  their 
support. 

luiring  the  last  two  yesirs  the  diminution  and  irregularity  of  the  sup- 
ply of  fur  and  seal  skins  has  caused  some  decrease 

Rrfi'*"  ^"  ^'  "^'""^**'"'  ^'    in  the  amount  of  persons  engaged  in  the  industry, 

but  deponent  is  not  able  to  state  exactly  to  what 

extent  such  decrease  has  token  place. 


LOSS    TO   GREAT    imiTAIN. 


5H3 


iloyod  in  the 
,  and  mana- 
if  London  is 
led  laborers, 
)  the  amount 
iir-aeal  skins 
[innfactnrers' 
885,  at  about 

1  be  difflnult 
Rss  of  selling 
I  larjje  ware- 
cold-storage 
)se  of  storing 

reing  of  seal- 
tidon  than  in 
leal  industry 
which  would 
)  come  to  an 

'^hich  may  be 
icnts  in  Lou- 
th west  coast 

:men  in  Lon- 
ut  1,400  cut- 
[cturing  seal- 
ed laborers, 
)rers.  Some 
ood.  In  the 
desmen,  and 
)port  to  the 

his  industry 
ilaska  catch 
connection 


nk  of  an  im- 
nd)arked  in 
'  capital  aiul 
e  number  of 
to  time  in- 
ves,  by  Mr. 
year  or  two 
leir  support 
proximately 
30  shillings, 
ors  for  their 

Y  of  the  sup- 
ne  decrease 
le  industry, 
itly  to  what 


A  considerable  number  of  the  persons  employed  in  this  business,  as 
deponent  is  informed,  are  not  skilled  in  any  other  kind  of  business,  and 
should  the  fur-seal  industry  cease,  deponent  believes  thatthes(>  perstms 
would  bo  obliged  to  master  some  other  trade  or  means  of  livelihood. 

That  <leponent  has  made  no  examination  of  the  books  of  his  tlrm  for 
the  purpose  of  seeing  precisely  the  number  of  „  , 
skins  annually  dressed  and  dyed  by  his  said  llrm  557  *'^  ^'  '*^'"'"*'  ^• 
and  its  predecessor,  but  it  is  the  fact  that  his  said  ' 
lirm  in  one  year  dressed  L'50,000  fur-seal  skins,  and  of  tliat  number 
dyed  130,000,  and  it  is  also  the  fact  that  until  within  the  last  two  years 
his  firm  dressed  upwards  of  110,000  or  120,000  skins  in  each  year,  and 
dyed  upwards  of  100,000  skins  so  dressed. 

The  firm  of  0.  W.  Martin  &  Sons  has  employed  utitil  the  last  two 
years  500  persons,  and  employ  at  the  present 
moment  about  400  persons,  most  of  whom  are  -gJ'"""  ^'  "^'"■'"''  P' 
skilled  laborers,  receiving  on  an  average  at  least  '  " 
30  shillings  a  week,  and  most  of  whom  have  families  dependent  upim 
them  for  their  support.  Deponent  estimatcis  that  the  total  nuinbcu' 
of  persons  employed  directly  or  indirectly  in  the  business  of  dress- 
ing, dyeing,  handling,  and  cutting  fur-seal  skins  up  to  within  the  last 
two  years  in  the  city  of  London  was  about  2,000. 

The  principal  dressers  and  dyers  of  the  city  of  London  at  the  pres- 
ent time  are  C.  W.  Martin  &  Co.  and  George  Rice, 
and  skins  are  also  dressed  and  dyed  by  other  per-      Senrii  Poland,  p.  571. 
sons.    The  fur-seal  business  has  attained  very  con- 
siderable dimensions  in  the  city  of  London,  large  amounts  of  capital 
being  invested  therein,  and  probably  in  and  about  the  city  of  London 
there  are  employed  in  the  fur-seal  skin  business  as  many  as  3,000  per- 
sons, most  of  whom  are  skilled  hands,  some  of  whom  receive  as  high  as 
£3  or  £4  a  week,  and  many  if  not  most  of  whom  have  families  depend- 
ent upon  them  for  support. 

That  the  business  of  handling  and  dealing  in  fur-seal  skins  has  be- 
come, in  the  city  of  London,  an  established  and 
important  industry.     That  deponent  himself,  for     Geo.  Eke,  p.  574. 
instance,  employ  at  the  present  time  from  400  to 
500  laborers,  who  are  mostly  engaged  in  one  way  or  another  upon  fur- 
seal  skins,  many  of  whom  are  skilled  workmen  receiving  good  wages, 
and  many  of  them  h.aving  families  dependent  upon  them  for  their  sup- 
port.   Deponent  estimates  the  total  number  of  people  engaged  in  tiie 
tjusiness  of  handling,  dyeing,  dressing,  and  treating  fur-seal  skins 
up  to  the  time  the  skins  pass  into  the  liaiids  of  the  furriers  at  about 
2,000.    In  addition  to  the  numbers  so  employed,  a  nuich  larger  number 
of  furriers,  employes,  and  the  employes  of  the  retail  merchants  are  con- 
cerned directly  or  indirectly  in  handling  or  manufacturing  the  fur-seal 
skin  or  fur-seal  skin  garments. 

Deponent  further  says  that  a  large  amount  of  capital  is  in  one  way  or 
another  invested  in  the  city  of  London  in  the  business  above  enumerated. 

That  the  fur-seal  skin  business  had  become  an  important  industry  in 
the  city  of  London,  in  which  a  large  amount  of 
capital  was  invested  and  a  large  number  of  work-      W.  C.  B.  Stamp,  p.  576. 
men  employed,  amounting,  including  the  dressers, 
dyers,  handlers,  and  persons   employed  in  tlie  manufactories  of  the 


^:^ 


,] 


m': 


i 


584 


LOSS    IF    HERD    DESTROYED. 


furriers,  to  about  3,000.  It  vi  diflic-ult  to  make  any  correct  estimate  of 
the  uuiubei-  of  people  so  employed,  but  deponent  says  that  he  has  re- 
cently had  occasion  to  look  into  the  question  iu  his  capacity  as  master 
of  the  Skinners'  Company  aud  he  believes  the  above  figure  to  be  sub- 
stantially correct. 

That  a  large  number  of  persons  so  employed  are  skilled  laborers  and 
most  of  them  have  families  dependent  upon  their  hibors  for  their  suj)- 
port.  The  wages  paid  in  some  cases  are  as  high  as  £3  or  £4  a  week, 
and  i)Cihaps  the  average  wages  of  the  whole  number  may  be  safely 
estimated  at  £1  per  week.  That  many  of  these  persons  know  no 
other  busii'ftss  than  that  in  which  they  are  at  present  engaged. 

ery  large  amount  of  ca])ital  is  invested  in  the  Kingdom  of  Great 
Britain  in  the  business.  It  is,  in  deponent's  jiulg- 
Tcivltmaiin,p.  582.  ment,  fair  to  estimate  the  amount  of  capital  in- 
vested in  the  business  in  one  way  or  another  to 
been  at  t'mes  as  much  as  £1,000,000,  and  that  there  have  been 
ately  dependent  up  this  industry,  in  the  city  of  London,  about 
skilled  workmen,  most  of  whom  have  families  dependent  upon 
for  support-  !>'  .1  the  amount  of  wages  paid  to  those  people  de- 
t  estimates  on  tlie  average  at  about  30  shillings  per  week,  making 
gregate  of  £150,000  per  annum. 

Deponent  further  says  that  the  number  of  persons  who  are  engaged 

in  the  handling,  dressing,  and  dyeing  of  seal- 

C.  A.  miliaiiis, p.  53S.  skins  in  Great  Britain  is  about  2,000,  many  of 

whom  are  expert  workmen  and  receive  high  wages ; 

and  the  number  in  the   United  States  is  about  300.    The  number  of 

persons  engaged  upon  the  poaching  vessels  is  about  10  to  each  vessel, 

ami  a  considerable  number  of  the  persons  engaged  upon  the  Canadian 

sealers  are  American  citizens. 


A  V 

Enil 

have 

until  1 

2,000 

them 

ponen 

an 


LOSS  TO  FRANCE. 


Pago  273  of  Tbo  Caae. 

That  there  has  gradually  sprung  up  a  large  demand  for  this  article 

in  France,  wliich  demand  was  at  its  height  two 

I'hniu  Hertz,  p.  587.       years  ago,  during  which  year  the  said  lirm  bought 

and  sold  10,000  skins  at  the  average  price  of  the 

last  ten  years.     That  in  conseciuence  of  the  falling  oif  in  the  supply  of 

Alaska  skins  (Pribilof  Islands  and  Bering  Sea)  two  years  ago,  thejnice 

had  imu'cased  from  ")0  to  7o  per  cent,  and  in  consequence,  the  year  after, 

the  demand  was  affected  so  that  instead  of  selling  more  than  10,000 

skins  the  tirm  scarcely  sold  5,000,  and  a  still  smaller  number  this  year. 

That  the  said  lirm  [I<]miii  Hertz  &  Co.]  geuerallybuys  its  seal-skins  at 
the  Loudon  auctions  in  their  undressed  state,  and 

ICmin  Hertz,  p.  588.  has  them  dressed  in  London  and  dyed  partly  in 
London  and  partly  in  Paris. 

That  the  said  firm  of  R'.'villon  Freres  have  bought  during  the  last 

twenty  years  upwards  of  100,000  seal-skins;  that 

Lt'on  BMUon,  p.  581).     nearly  all  of  these  skins  have  been  dressed  in 

London,  where  there  are  special  facilities  therefor ; 

that  the  firm  of  Revillon  Freres  have  tried  several  times  to  dress  the 

skiua  themselves,  but  iu  very  small  quantities. 


NEED   OF    REGULAR    SUPPLY    OF   SKINS. 


585 


That  all  the  skins  bought  by  the  said  firm  of  R^villou  Fibres  are 
dyed  in  Prance,  and  therefore  the  skins  p  iss  under  our  eyes  in  tlio  fol- 
h)\ving  conditions:  (I)  in  salt  when  wo  buy  them  in  London;  {2) 
dressed;  (3)  dyed.  That  deponent  believes  that  the  flnu  of  llevillon 
Frorcs  is  by  far  the  largest  tinn  of  furriers  and  fur  di^alors  in  France; 
that  the  greater  part  of  the  skins  bought  by  Ei'villon  Fr6res  are  made 
up  into  garments,  cloaks  and  mantles,  but  that  some  of  the  skins,  after 
having  been  dyed,  are  sold  to  other  manufacturers. 

That  the  sales  of  seal  skins  by  the  said  firm  of  Rcvillon  Frferes  have 
amounted  for  the  last  twenty  years  to  about  4,<)0().()()()  fraiu'S  per  year. 

That  the  number  of  persons  em]>loyed  by  the  said  firm  for  the  dye- 
ing, scraping,  manufacturing,  lining,  and  for  the  sale  of  the  seal-skins, 
is  about  300,  of  which  the  greater  part  are  well  paid,  on  account  of 
their  work  being  upon  .!  \  ery  vii.luable  species  of  merchandise,  and  that 
there  are  about  500  or  COO  persons  employed  in  the  industry  in  France, 
exclusive  of  salesmen,  porters,  etc. 

That  in  the  years  from  1872  to  1877  we  bought  only  Alaska  seal-skins 
(that  is  to  say,  those  from  the  islands  of  i'ribiloi)  and  the  (Jopjx'r 
catch,  (!oining  from  Russia,  and  a  few  skins  coming  from  the  islands  of 
Lobos  and  from  the  South  Seas. 

NEED   OF   REGULAR   SUPPLY   OF   SKINS. 
Page  274  of  The  Case. 

Deponent  further  says  that  the  preservation  of  the  seal  herds  and 
the  continued  supidyof  fur-sealskins,  which,  fur- 
thermore, it  is  important  should  be  constant  and  h.  S.  licvhigton,  p,  553. 
n^gular  in  supply,  is  absolutely  ne<!essary  to  the 
maintenance  of  this  industry.  Deponent  says  that  the  reason  for  this 
opinion  is  shown  in  the  history  of  last  season's  business.  lor  instance, 
at  the  October  sale,  the  prices  of  skins  were  very  high,  as  a  short  supply 
was  expected.  The  skins  purchased  at  that  sale  were  then  i)nt  into 
tiic  haiids  of  the  dressers  and  dyers,  where  they  would  be  retained,  as 
abov  ^  stated,  in  process  of  treatment  four  or  five  months.  Duringtliis 
interval  it  appeared  that  instead  of  there  being  a  short  sup])ly  tlie 
poaching  vessels  had  caught  a  large  number  of  skins,  50,01)0  or  (10.000, 
which  being  unexpecttedly  plumped  on  the  market,  brought  the  price 
do'vn  so  thit  there  was  a  loss  of  perhaps  25  sliillings  per  skin  on  tlie 
skins  bought  at  the  October  sales;  and  (leponent  further  says  that  it  is 
of  course  obvious  that  tlie  business  cannot  be  maintained  unUvss  th(i 
herds  are  preserved  from  the  destruction  whic^h  his  overtaken  the  South 
Sea  iierds,  wliicii  formerly  existed  in  sucli  lai'gt?  numbers,  and  so  im- 
portant has  tiie  sealskin  business  become  that  if  tlie  herds  were  exter- 
minated deponent  says  it  would  hardly  be  worth  while  to  remain  in  the 
iiir  business. 


That  the  increased  price  of  seal-skins  two  years  ago.  caused  by  the 
falling  off  in  quantity,  has  not  been  maintain(!(!, 
although  this  year  there  is  perhaps  even  a  fewer      EnUn  Hertz,  p.  588. 
number  of  seal-skins,  whu!h  indicates,  in  the  opin- 
ion of  deponent,  that  the  article  when  offered  at  a  high  price  is  within 
the  means  of  only  a  very  few  persons,  and  the  demand  for  it  will  con- 
tinue to  decrease. 


586 


LOSS    IF    HERD    DESTROYED. 


That  tlie  trade  has  every  interest  to  bring  about  a  rcftular  production ; 
that  is  to  say,  the  production  to  be  approximately 
Emin  ilertz,  p.  o90.      always  the  same,  fis  this  would  obviate  the  fre- 
quent change  in  price  and  render  business  less 
speculative. 

The  business  of  dealing  in  fur-seal  skins  has  of  late  entered  into  a 

speculative  stage,  which  is  doing  it  much  injury. 

Arthur  Hirsohel,  p.  oG'i.    The  trade  call    no  longer  know  with  certainty 

when  and  in  wliat  quantities  seal  skins  will  be 
placed  upon  the  market.  To  remedy  this  1  am  of  the  opinion  that  here- 
after skins  should  bo  taken  only  from  animals  of  the  male  sex  and  upon 
land,  under  Government  regulations  such  as  have  heretofore  existed. 

That  one  of  the  most  important,  and  deponent  feels  jusiirted  in  say- 
ing, vital  elements  in  tlie  maintenance  and  pres- 
..-?"'  ^-  ^-  ^«"»i^«<"'>  P-   ervation  of  the  business  or  industry  is  that  the 
''"'■  supply  of  fur-seal  skins  should  be  regular  and 

constant,  so  that  intending  buyers  may  be  able  to  know  belbrehand  ap- 
proximately what  the  prices  of  their  stock  in  trade  are  going  to  be,  and 
that  the  people  eng, iged  in  the  business  may  have  beforehand  a  rea- 
sonably definite  notion  of  what  they  shall  be  able  to  count  upon. 


.^il    ^ 


S 


Walter 

5()S. 


Deponent  knows,  of  his  own  knowledge  and  from  conversa:"  'i  '  with 
the  merclianrs  and  dealers  above  mentioned,  that 
E.  ilarttn,  p.  ^^  [^  ,^  ,n;ittei.  „f  yital  importance  to  the  continu- 
ance of  the  fur-seal  industry  and  the  industries  re- 
sulting therefrom  and  dependent  tliereon  that  the  sui)ply  of  fur-seal 
skins  should  be  constant;  tliat  is,  that  the  number  of  skins  coming 
ui)on  the  market  in  each  year  sliould  be  known  the  year  beforehand 
with  approximate  certainty,  and  that  it  should  not  vary  greatly  from 
year  to  year.  That  this  is  necessary  in  order  that  prices  may  be  lixed 
and  that  those  persons  or  rtrnis  who  [diysically  deal  with  t;he  skins, 
such  as  deponent's  firm,  should  know  what  provision  they  nnist  make 
for  the  business  of  the  ensuing  season.  That  down  to  witliin  a  few 
years  last  past,  three  or  five  years,  the  supply  has  been  regular,  but 
that  during  the  last  three  or  five  years,  and  notably  during  the  last  two 
years,  the  supply  has  fluctuated  veiy  largely  and  continually  dimin- 
isiied,  and  in  consoixuence  thereof  business  has  greatly  suttl'red. 

Deponent  further  says  that  the  contiiiuanceof  this  business  depends 

very  largely  upon  the  maintenance  of  a  steady 

EiniiTeichmann,  p.  5S2.  and  regular  sui)ply  of  fur-seal  skins  in  order  that 

the  trade  may  be  able  to  calculate,  with  ai>i)rox- 

imate  corta'iity,  the  number  of  skins  which  are  to  be  received  in  each 

year. 


Basides,  skins  are  being  now  put  on  the  market  at  such  irregular 

times  and  in  such  uneven  qnantities  that  buying 
tiiem  has  biH'omo  a>  speculative  business.  I  be- 
lieve  that  the  wliolo    trouble  has  been  brought 

about  by  the  Victoria  and  otlierpehigicsiialers,  who  furnish  the  present 

cheap  skins. 


Oeo.  H,  Treadwell,  p. 
523. 


CANADIAN  INVESTMENT   IN   1890. 


587 


■production; 
i{)roxiiiiately 
ate  tlte  fre- 
tusiuess  less 


itered  into  a 
nuc'h  injury. 
th  certainty 
kins  will  be 
an  that  liere- 
ex  and  upon 
'ore  existed. 

ilicd  in  say- 
L'e  and  pres- 
is  that  the 
refjular  and 
orehand  ap- 
^  to  be,  and 
diand  a  rea- 
ipou. 

5aiK>'i;A  with 

tioned,  that 

he  continu- 

idustries  re- 

^  of  fur-seal 

ins  coming' 

beforehand 

reatly  from 

ay  be  lixed 

the  skins, 
must  make 

ithin  a  few 
e«>uliir,  but 
he  last  two 

Uly  dimiu- 

red. 

>«8  dejiends 
'  a  steady 
order  that 
th  api)rox- 
ed  in  each 


irrejjular 
lat  buyinj;' 
'ss.  I  be- 
ll broufiht 
he  present 


Then,  too,  during  the  last  few  years  buyinj;  fur-seal  skins  has  become 
a  business  of  a  very  speculative  chanu'ter,  because 
it  is  impossible  now  to  calculate  at  what  times  Samud  riimann,  p.  527. 
and  in  what  quantities  they  will  be  placed  ui)on  the 
market.  It  requires  from  three  to  six  months  to  properly  dress  and  dye 
skins,  and  if  while  this  process  is  going  on  further  sales  take  i)lace  (as  has 
been  the  case  at  frequent  intervals  in  the  last  two  years),  the  tendency 
is  to  unsettle  the  mfirket,  advance  or  reduce  th«>  raw  material,  and  thus 
directly  affect  both  dealers  and  manufacturers.  This  has  happened  of 
late  years  only.  I  ascri^:'e  the  present  unsatisfactory  condition  of  the 
business  to  the  injurious  operations  of  the  V^ictoria  sealers,  whom  I 
furthermore  hold  directly  responsible  for  the  present  diminished  catch 
of  Alaska  seals  upon  the  Pribilof  Isbinds. 

The  principal  reason  for  the  ffuctuatioTi  in  juices  this  year  [18SGJ  and  in 
other  years  was  the  disturbed  condition  of  the 

London  market,  caused  by  reports  of  large  col  lee-      r.  t.  WiUiamn.  p.  498. 

tions,  and  so  greatly  did  the  catch  of  L*;>,0()(>  skins 

affect  the  market  that  the  skins  sold  fin-  h'ss  in  London  thiin  was  paid 

for  them  in  Victoria,  British  Columbia^  entailing  loss  on  the  jjur- 

chasers. 


INVESTMENTS. 

CANADIAN  INVESTMENT  IN  1890. 

Page  275  of  The  Case. 

lam  very  well  acquainted  with  the  class  of  vessels  engaged  in  seal- 
ing.    The  most  of  them  are  of  less  than  1(10  tons 
burden,  and  a  fair  estimate  of  their  average  \'alue      ^«««c  Lkhc^,  p.  454. 
would  be,  I  should  say,  about  $4,500  per  vessel, 
for  both  the  American  and  Briti.^h  ffeet,  an<l  about  .$2,000  would  cover 
the  average  cost  of  an  entire  outlit  for  a  season's  work.    The  totid 
value  of  the  Canadian  sealing  fleet  is  not,  after  all,  as  much  as  the 
sealers  would  lead  ns  to  suppose  from  thoir  represen'iitions. 

The  second  branch  of  my  investigation  was  the  i. umber  of  vessels 
owned  by  Canadians  engaged  in  sealing  in  the 
Bering  Sea,  their  value,  cost  of  outfit,  etc.  t.  t.  iriUiam8,i>.id9. 

There  are  in  the  business  twenty  four  schoon- 
ers.   Total  tonnage,  1,4(54  tons.    Total  value,  inchiding  outfits, $1 73, 3.")0. 
Whites  employed,  201.     Indians  emi)ioye(l,  '.^t^^t. 

Of  these  twenty-four  schooners  sailing  iiiidcv  the  British  Hag,  (iv(! 
are  owned  half  by  Americans.  Tiicse  live  scIiooihts  illegally  under  the 
British  iiag  are  worth  $3<i,r>()0,  leaving  an  actual  Canadian  investment 
of$130,7oO. 

Ft  is  a  simple  task  to  arrive  with  exactitude  at  the  value  of  the 
schooners  and  their  outfits.    They  cost  to  build  in 
liritish    Columbia   *8()  jier  ton.     In   the  I'ni.ed      T.  T.  friirn>m»,p.noO. 
Stales  the  cost  is  I  KM)  per  ton.    The  gross  ton- 
nage of  the  fleet  being   1,4(14  at  tiie  American   rate  of  A 100  a  ton,  it 
would  represent  fUf),4(K>:  at  the  Canadian  rate,  *  11 7.1  LM). 

Tliis  woidd  be  for  the  schooners  as  tliey  arc  delivered  new,  with 
masts,  .ails,  anehora,  and  lit  tings. 


688 


INVESTMENTS. 


Some  of  the  soalinj;  schoo'icrs  are  fine,  new  boats,  others  are  very  old. 
The  ^f((ry  Taylor  and  Mary  Ellen  have  both  seen  thirty-tive  years  of 
buffeting  about  the  stormy  ocean,  while  the  fAlly  has  been  forty-six 
years  afloat.  The  Black  Diamond  is  really  un fit  for  sea,  and  the  Juanita 
was  driven  oiit  of  the  coast  trade  as  unsafe  and  past  repair.  This  was 
I  !i(;  fate  of  the  Wanderer  also.  The  Letitia  I  saw  lying  in  the  Victoria 
bone-yard  being  broken  up,  and  the  Mountain  Chief  is  ready  for  the 
same  fate. 

In  order  to  get  an  exact  valuation,  I  procured,  when  possible,  the  re- 
cord of  the  latest  sale  of  the  vessel,  and  in  other  cases  em])loyed  an  ex- 
])ert  shipbuilder  or  took  the  valuations  of  the  underwriter's  ex])ert,  not 
on  the  amount  for  which  the  vessel  was  insured,  but  his  estimate  of 
what  it  would  cost  to  replace  her. 

In  every  case  the  value  I  have  given,  except  in  case  of  actual  sale,  is 
lather  more  than  the  vessel  would  sell  for  in  an  ordiimry  bargain. 

In  the  course  of  my  in\'estigation  as  to  the  value  of  the  trade  to  Can- 
ada, I  secured  a  copy  of  a  re])ort  made  for  the  Dominion  (Jovernment 
by  A.  K.  Miln,  esq.,  surveyor  of  the  port  of  Victoria.  ..'hile  IMr.  Miln 
is  naturally  prejudiced  somewhat  in  favor  of  his  Canadian  friends  in 
]>reparing  a  report  which  will  be  made  the  basis  of  their  claim  on  the 
I'nited  States  Government,  he  is  clearly  an  honest  ollicial  and  has 
done  his  work  generally  correctly.  His  estimate  of  the  total  value  of  the 
Victoria  sealing  fleet  is  $200,500,  or  $27,150  in  excess  of  my  valuations. 
As  his  figures  are  certain  to  be  the  ones  adopted  by  the  Canadian 
(iovernnient,  I  took  special  pains  to  correct  my  valuations  thoroughly 
when  they  dittered  from  his.  I  found  that  in  many  cases  he  had  taken 
tli(!  owner's  valuation,  which  was  far  in  excess  of  the  real  value.  J  ap- 
]>end  the  -.oal  value  as  compared  with  Mr.  Miln's  estimates,  jind  also  a 
copy  of  Miln's  report  made  August  17,  1<S89,  sworn  to  before  A.  L.  Bel- 
yea,  esq.,  Victoria,  British  Columbia,  and  forwarded  to  the  governor- 
general  of  Canada. 

As  a  sealing  schooner  is  only  engaged  one-third  ot  her  time  in  the 
Bering,  the  other  two-thirds  being  spent  in  the  west  coast  sealing,  fish- 
ing, otter  hunting,  or  some  other  business,  only  one-third  of  the  lleet's 
value  can  properly  be  said  to  be  invested  in  the  Bering  sealing  busi- 
ness. The  actual  cash  investment  of  all  the  Canadas  in  this  traffic  is 
tlierefore  one-thiid  of  $l.'JG,75(),  or  the  insignificant  sum  of  $45,585.33, 
and  even  that  would  not  be  lost  if  the  tralhc  were  stopped. 

Where  Indians  are  employed  as  hunters,  the  expense  of  the  outfit 
and  voyage  is  much  less.    The  Indians  hunt  from 

T.  T.  wnUam8,  p.  502.  their  own  skin  canoes,  kill  with  sjjcars  instead  of 
firearms,  so  that  other  seals  are  not  friglitened 
away,  and  feed  themselves  on  seal  blubber.  They  are  paid  $1.50 
])er  skin  and  seal  with  two  men  to  the  canoe,  one  to  spear  and  one 
io  ])addle.  Tiie  cost  of  an  outfit  for  a  schooner  carrying  tiiirty  Indians, 
which  is  a  common  inimber  is  fifteen  skin  canoes  at  >:'20,  8;iO(>. 

Tli(^  exi)ense  of  the  voyage  is  for  the  wages  and  boar<l  of  a  white 
cai)tain  and  four  sailors,  salt  for  sealskins  and  a  little  tea  and  crackers 
for  the  Indians, 

Indian  sealing  being  so  much  cheaper  and  more  profitable  all  the 
schooners  would  engage  Indians  were  it  not  for  the  fact  that  these 
Siwash  are  an  extremely  troublesome  race  and  recpiiie  the  utmost  tact 
and  skill  to  manage.     Only  a  few  cai)t!iins  can  handle  them  to  advant 
age  iiud  thu^  a,re  Juostly  captains  who  have  Siwash  blood  in  then  vciUs. 


ire  very  old. 
ive  years  of 
en  forty-six 
the  Juanita 
.  This  was 
the  Victoria 
iady  for  the 

iible,  the  re- 
loyed  an  ex- 
expert,  not 
estimate  of 

tual  sale,  is 
argain. 
ade  to  Can- 
Jovernment 
le  m-.  Miln 
II  friends  in 
laini  on  the 
ial  and  lias 
value  of  the 
valuations. 
}  Canadian 
thoroughly 
!  had  taken 
line.  J  ap- 
and  also  a 
!  A.  L.  Bel- 
i  governor- 

ime  in  the 
■aling,  tisli- 
the  fleet's 
iling  busi- 
is  traffic  is 
B45,o8o.33, 


the  outfit 
hunt  from 
instead  of 
frigliteued 
laid  $1.50 
•  and  one 
y  Indians, 
I. 

)f  a  white 
i  crackers 

le  all  the 
hat  these 
most  tact 
;o  ad\ant 
leii'  veins. 


EMPLOYES  IN  CANADA  AND  LONDON.  689 

EMPLOYES  IN  CANADA  AND  LONDON. 

Page  278  of  The  Case. 
(Seo  "Loss  to  United  States "  and  " Loss  to  Great  Britain.") 

EMPLOYES  IN  CANADA  AND   UNITED   STATES. 

Page  280  of  The  Case. 

There  are  now  emidoyeil  in  this  house  in  the  manufacture  of  fur  ar- 
ticles about  140  nuHi  and  women.    If  we  \vere  to 
lose  the  sealskin  industry,  I  do  not  knov  what      Emil  J.  Stake,  p.  530. 
would  become  of  the   business  as  a  whole.     It 

would  be  very  seriously  crippled.  I  have  signed  the  name  "Estate  of 
Jolin  liuszits,"  tlie  name  under  which  the  business  is  now  carried  on, 
to  the  annexefl  staUMueut.*  I  believe  it  to  be  correct  in  ;»H  resi)ects. 
With  regard  to  tlie  approximate  number  of  people  stated  io  be  em- 
ployed in  the  seal-skin  industry  in  the  United  States  I  will  say  this, 
that  probably  in  tlie  fall  and  winter  a  greater  number,  while  in  sum- 
mer fewer,  are  em])loyed;  but  1  believe  the  number  given  to  fairly 
rei)resent  the  average  number  employed  througiiout  tlie  year.  I  agree 
With  all  that  is  said  by  Samuel  Ullmaun  in  the  last  paragraph  or  sec- 
tion of  his  affidavit  veritied  June  21  and  hereto  annexed. 

In  this  industry  we  have  constantly  employed  during  the  last  ten 
years  about  forty  men  and  women,  who  receive      ^       ,t   rn 
average  wagesof  $1.25  to.^2a  day.  Our  "pickers"  5^3^ '''•  "'  2^'««'^""^"' !>• 
get  an  average  of  $1.25  for  each  skin,  and  they 
handle  about  three  a  day.    My  i)ay  roll  averages  about   §500  a  week. 

Working  men  and  women  are  employed  in  the  industry  of  manufac- 
turing seal-skin  articles  in  the  United  States  as  jo8.  Ullmaun  eiai.,p. 
tbJlows :  526. 


a.  Fur-cutters  (i.  «.,  peoiilu  who  tiiia,  repair,  anil  prepare  tlio  general 
tf  liape  of  skins) 

b.  Nailers  (i.  c,  people  who   streteh  ami  nail  skins   into  sliui)o  on 
boards) 

c.  Sewers  and  finishers  (i.  «.,  people  who  put  the  artlilo  into  linal 
shape) 

d.  Those  who  niacliino  skins  (i.  e.,  roiuovo  the  portion  of  guard  h.ur» 
left  bj'  the  "uuhairers") 

Total 


Xumber.     Wutiis  per  dWm. 


1,  ioo 

$:!.  fio  to  $t.  no 

GOO 

2.  no  to   L'.fiO 

1,500 

1.00  to    2.U0 

60 

2.00 

3,aeo 

The  fur-cutters  represent  skilled  labor  of  a  high  order.  They  handle 
about  eight  skins  a  day. 

No  ac(!Ount  is  taken  of  porters,  clerks,  salesmen,  etc.,  employed  in 
the  large  establishiuonts. 

I  employ,  and  for  stnne  time  piist  have  cinployed,  about  60  workmen, 
and  my  pay  rvdl  amounts  to  about  s^jiOOO  a  week. 
Most  of  these  workmen  can  be  classed  as  skilled   jos.  />.  miliums,  />.  549. 
laborers. 


*  Soo  affidavit  of  .los.  UUiuuuu  et,  al. 


590 


INVESTMENTS. 


CANADIAN   INVESTMENT   QUESTIONABLE. 

Page  281  of  The  Case. 

But  tliore  is  really  not  one  dollar  actually  invested  in  the  Bering  Sea 
sealing,  and  I'or  these  reasons: 

(1)  All  the  schooners  are  engaged  in  other  busi- 

T.  Wiiiiama,  p.  500.  ness,  sucli  as  hunting  and  fishing  down  the  west 
coast  and  in  the  North  Pacilic. 

(2)  If  the  sealing  business  was  stopped  entirely  the  schooners  would 
not  depreciate  a  dt»llar  in  value. 

(.i)  Tiie  sealing  business  requires  no  special  plant,  weapons,  or  uten- 
sils. Tiie  schooners  are  (;oinuion  schooners,  the  boats  common  boats, 
and  the  guns  comiuon  guns  which  will  bring  their  value  at  any  time 
for  any  otlier  purpose. 

(4)  Less  than  ouc-tluid  of  a  sealing  schooner's  cruise  is  in  the  Bering. 

PELAGIC   SEALING  A  SPECULATION. 

Page  282  of  The  Case. 

There  is  very  little  in  the  scaling  business  now,  the  cost  of  fitting  out 
a  vessel  being  from  $5,000  to  $6,000,  and  you  have 
U'm.  lieiidt,  p.  405.        to  talcc  the  risk  of  having  your  vessel  confiscated. 
I  sent  my  vessel  this  year  over  to  the  coast  of  Japan. 
Tliere  were  some  seventy-odd  schooners  fitted  out  last  year  from  Vic- 
toria and  they  all  got  good  catches,  while  from  here  there  were  only 
from  ten  to  fifteen  schooners  fitted  out,  aud  they  did  not  do  as  well. 

If  a  vessel  hunts  seals  from  January  to  May  along  the  coast  and  pays 
expenses  it  does  well  at  the  present  time,  aud  very 
JViUiamnrcnii(ui,p.'MoA'(i\v   do  it.    Nearly  all  would  lose  money  if  the 
hunting  was  confined  to  the  Pacific  Ocean,  but 
they  depend  on  the  Bering  Sea  catch;  where  the  seals  are  more  plenti- 
ful and  occupy  a  more  limited  space  as  a  feeding  ground. 

The  increased  value  of  skins  in  the  last  few  years  has  stimulated 
inexperienced  men  to  go  into  the  business,  and 

(ieo.  Fogei,  p,  424.  they  slaughter  everything  in  sight  without  regard 
to  sex. 

And  it  is  u  comnuui  remark  among  seamen  who  ship  on  sealing  ves- 
st-ls  that  they  do  not  care  about  going,  for  there 

Jas.  LajUn,p.  4511  is  notiiiiig  in  it,  and  only  those  will  ship  that  are 
hard  r»p  and  can  get  notiiing  else  to  do. 

The  seals  taken  by  sclun^'ners  do  notbringinthcLondfni  market  more 

thiui  <me  half  realized  by  the  lessees  o(  the  I'llbi- 

Morrig  Mo»t,  p.  3-12.       lof  islands.     The  n-asoii  for  this  is  tlie  company's 

are  all  .v(»ung  bulls  and  are  killed  by  being  clubbed 

on  the  head,  while  tho-4-  killed  by  the  M-h«>oners  are  of  all  kinds  and 

siz^tts  aud  are  perforated  witu  sl»«»t;  conseqwMitly  are  not  perfect  skins. 

1  hehl  the  position  uf  .fhkpf  b*«kk««'p«'r  and  cashier  for  H.  Liebes  & 

('■■  .  (luring  "iaid  jieriod  of  time  [from  1883  to  1892, 

S.  W.  Stmiimrg,p.  5',        .-  histvej  himI  know  of  my  own  personal  knowl- 

ril.!;e  that  thf  number  of  skins  set  forth  below  were 

4i]y  purehii^-      by  sssiid  firm  at  the  average  prittes  8tate«l,  aud  that 

payment  ti^-   -lor  is  regularly  eut4eiRHl  im  ttkt  Arm's  cash  books  of  the 

Mqpective  ;  ears. 


)  Bering  Sea 

1  other  busi- 
ivu  the  wetst 

oners  would 

ns,  or  uten- 
imou  boats, 
at  any  time 

the  Bering. 


f  fitting  out 
Q(l  you  have 
confiscated, 
tst  of  Japan, 
ir  from  Vi( - 
e  were  only 
»  as  well. 

,st  and  pays 
le,  and  very 
jney  if  the 
Ocean,  but 
Qore  pleuti- 


stimulated 
siness,  and 
tout  regard 

ealing  ves- 
?,  for  there 
ip  that  are 

arket  more 
tlie  Prihi- 

company'H 

ig  clubbed 
kinds  and 

feet  skins. 

Liebes  & 
S;{  to  1892, 
iial  knowl- 
)elow  were 

and  that 
oks  of  the 


PELAGIC   SEALING   A   SPECULATION. 


Staliatics  6fprice$. 


691 


Year. 

Xnni1)or 
of  skins. 

Amount  paid. 

Average 
price. 

$4.34 

5.  .58 

Year. 

Niiinhor 
of  skinH. 

24,486 

30,011 

11,174 

1,322 

Amount  paid. 

Av(rii;;o 
piicf. 

18f3 

99 

11,108 

9, 854 

7,  503 

17,  950 

13,459 

$430. 00 
62,031.00 
74, 181.  75 
37,  729.  25 
99,  5111.  50 
74, 956. 00 

1889 

$170. 221. 00 

302,417.00 

1U4,  037.  00 

14, 500.  00 

$7.20 

*]0  08 

18S4 

18<M) 

1885     

7.53 
4.  9!) 
5  54 

1891 

*14  74 

]H80 

1802 

*1il  !t7 

1887 

1888 

5.57 

127,032  i       1  Odfi  (illl.  .51) 

*llecent  increase  in  price. 

I  have  signed  the  name  of  Josei)h  Ullmann  to  the  statement  hereto 
annexed,  which  has  been  prepared  from  a  careful  examination  of  tlie 
books  of  the  house  of  said  Joseph  Ulhnann  in  the  city  of  New  York, 
and  I  know  said  statement  to  be  correct  and  true  in  every  respect. 
All  of  the  seal  skins  therein  referred  to  are  of  the 

class  known  as  Northwest  Coast  skins.  In  this  Samuel  Ullmann, p.  532. 
t*>rm  I  mean  to  comprise  all  skins  taken  in  the 
Pacific  Ocean  or  in  the  waters  of  JJeriiig  Sea.  Tlie  skins  in  question 
were  purchased  at  Victoria,  Britisli  Columbia,  with  the  exception  of 
409,  which  were  purchased  in  August,  1899,  at  San  Francisco.  Said 
books  show  the  following  assortment  of  portions  of  these  skins,  respect- 
ively, 1,835  and  1,070  in  number,  bought  in  May  and  June,  1888,  together 
with  the  prices  paid  for  each  grade  per  skin : 

May,  1888. 

885  Rerinp;  Sea  seals $t.  57 

(  551  West  Coast  seals 5. 00 

I  <  102  West  Coast  gray  pnps 1. 25 

r     2  West  Coast  puns 2.  .50 

I  252  West  Coast  sealr, 5. 00 

II  <    41  West  Coast  gray  pups 1. 00 

(     2  West  Coast  pupa 2. 50 

June,  ISSS. 

985  seal  altins 4. 80 

18  seal  skins (j.  00 

100  gray  jiups 1. 25 

The  skins  marked  I  formed  one  lot  and  represented  the  catch  of  a 
single  vessel.  Tlie  same  is  true  of  the  skins  marked  II.  The  per(;ent- 
age  of  gray  [)Ui)s  contaiiu^d  in  each  of  these  lots,  both  of  which  were 
bought  on  as.sortment,  is  not  an  unusual  one. 

The  house  of  Joseph  Ullmann  hits,  of  late  years,  been  one  of  the  larg- 
est single  buyers  of  seal  skins  iit  Victoria,  and  my 
knowledge  and  experience  enable  me  to  state  tiiat     Saml.  Ullmann,  p.  5'?3. 
the  prices  paid  by  this  house,  as  contained  in  the 

aiinexed  statement,  represent  faiily  the  value  of  such  skins  at  Victoria 
in  each  of  tiie  past  five  years. 

The  rapid  rise  in  the  price  paid  for  these  skins  in  the  years  1890  and 
1891  can  only  be  explained  through  the  sudden  decrease,  which  in  the 
years  1890  and  1891  tcok  pUce  in  the  aJinual  catch  on  the  Pribiiof 
Islands,  As  soon  as  it  b(  <  aine  known  in  the  latter  part  of  the  summer 
of  1890  Miat  only  abcmt  2i,000  skins  had  been  taken  that  year  on  the 
Pribih)f  Ishinds,  the  price  !»f  skins  rose  rajudly  at  Victoria;  and  refer- 
ence to  the  annexed  statement  will  show  that  while  in  June  we  had 
bought  at  less  tiian  $7  a  skiu,  in  September  of  the  same  year  we  pur< 


592 


INVESTMENTS. 


If. 


chased  at  $11  a  skin,  these  September  purchases  liaving  been  made  at 
my  direction  immediately  after  the  receipt  of  tlie  information  coucern- 
iiig  the  reduced  catch  on  the  Pribilof  Islands. 

Our  Northwest  Coast  purchases  of  181)1  were  made  in  open  market. 
The  still  higher  prices  paid  in  tliat  year  were  directly  due  to  the  so- 
called  mofhis  Vivendi  between  the  United  States  and  Great  Britain, 
whereby  the  Pribilof  catch  was  reduced  to  7,500  skins,  and  sealing  in 
the  waters  of  Bering  Sea  entirely  jnohibited. 


ilojith. 


Miiy 

JUIH' 

Scpll'lllin  T 

Octol)ir 


April... 
May.... 

Jiiiio 

July... 
Do.. 

U(!.. 

Ausu.^.t . 


iswr. 


May  . . . 

Aiiijiisl 
October 


N'uiiiliCr 
of  scal- 

skiiiH 

pur- 
cliii.sed. 


730 
4, 7U6 


Total  price. 


$:).  910. 00 

2i»5.  (10 

27,  W8. 40 


Avnrngo 

prico 
pur  skin. 


1B89. 


.fS,  237.  P5 

•t,  831. -10 

:;0.  -JOH.  75 

•  20, 7U0. 74 


1880. 


520 

$3, 230.  00 

1,092 

13,  U22. 20 

233 

1.  440.  25 

K18 

1,000.75 

078 

4,  861).  95 

21 

150. 80 

1,137 

7, 109.  UO 

$0.12 
6.02 
6.18 
7.01 
7.17 
6.28 
6.29 


ISQO-Oontinucd. 


Mouth. 


$3.35  '  Aug  i8t. 
5.17  October. 
6.70 


no:::::::; 

July 


Number 
of  ."( ;il- 

Hklua 

piir- 
eliast'd. 


499 
630 


;  Average 
Total  price.'     price 
per  Bkln. 


$3, 507. 75 
4, 882. 50 


$7.03 

7.75 


1800. 


May 

Juue 

1)0 

September 

Do 

October.  . . 

Do 

Do 


2, 210 

$:'0,  905. 50 

013 

5,  3.;2. 511 

435 

3,(131.50 

2.018 

28, 700. 00 

2,  l.'')2 

23, 072. 00 

1,K28 

20,  005.  80 

2,615 

30, 358. 90 

1,3GC 

10, 254. 25 

$9.48 
8.09 
0.97 
10.08 
11.  00 
11.27 
11.00 
11.10 


1801. 


1,487 

20 

105 


$22, 232. 00 

312.  00 

1,7)0.00 


14.95 
12.00 
10.33 


i|,'..^;>.-  'v' 


m 


m 


p 


Theodore 
4<J5. 


In  considering  the  number  of  skin.s  taken  during  the  past  it  must  be 
borne  in  mind  that  the  schooners  have  frequently 
Uiihama,  l,QQ^^  seriously  interfered  with  in  their  work  by 
the  cruisers  of  the  United  States  Government. 

Mr.  Miln,  surveyor  of  the  port  of  Victoria,  in  his  report  to  the  Domin- 
ion Government,  of  which  I  was  so  fortunate  as  to  secure  a  copy,  stated 
that  if  not  interfered  with  by  cruisers  a  large-sized  schooner  would 
surely  capture  3,000  skins  during  the  season  in  the  Bering.  Mr.  Miln's 
estimates  in  that  respect,  as  in  many  other  matters,  I  found  to  be  fair 
and  honest.    *    *    * 

I  aiipcnd,  as  a  part  of  this  affidavit,  a  copy  of  the  report  I  made  to 
the  Alaska  Commercial  Company  on  this  subject  in  1S89,  and  which 
they  used  for  the  jiurpose  hereinbefore  set  forth,  and  I  desire  to  add 
that  subsequent  inquiry  has  proved  that  the  statements  and  con- 
clusions in  the  report  I  then  made  were  correct.  It  must  be  taken 
into  consideration  that  the  estimates  of  the  profits  of  sealing  voyages, 
and  other  matters  contained  in  that  report,  were  based  upon  the  value 
of  skins  in  that  and  former  years.  Subsequently  skins  have  increased 
in  value,  and  profits  of  large  catches  would  therefore  be  proportionately 
gicater,  but  the  conditions  of  sealing  have  not  changed  since  then,  nor 
can  they  change,  with  the  exception  that  the  fleet  of  sailing  vessels  has 
largely  increased,  consequently  the  destruction  of  seals  has  been  much 
greater  in  the  last  two  years. 


ien  made  at 
oil  couceiu- 

pen  market, 
e  to  tlie  80- 
itit  13  ri  tain, 
d  sealing  in 


id. 


'  Avcrn,<;e 
Iprlco.      iiriio 
pur  skiu. 

i 


507. 75 

iSi.  50 


$7.03 
7.75 


1fi,i.  .50 

$0.48 

i.;2. 00 

8.09 

131.  50 

0.97 

rc«.  00 

10.08 

172. 00 

11.  00 

iii5.  80 

11.27 

i.">8. 00 

11.00 

>.bi.  25 

11.10 

!:i2. 00 
112.  00 
15. 00 


14.05 
12.00 
10.33 


fc  it  must  be 
frequently 
ir  work  by 
konimeut. 

I  he  Domiu- 
jopy,  stated 
•oner  would 

Mr.  Miln's 
d  to  be  fair 

I I  made  to 
and  which 
sire  to  add 
^  and  cou- 
t  be  taken 
ig  voyages, 
n  the  value 
e  increased 
ortionately 
!e  then,  nor 
vessels  has 
been  much 


PELAGIC    SEALING    A    SPECULATION. 


593 


To  the  President  of  the  Atnalca  Commercial  Company: 

I  have  made  a  thorougli  and  accnrate  examination  of  the  seal-hunt- 
ing industry  of  IJritish  Columbia  wliich  is  carried 
on  in  Bering  Sea,  in  accordance  with  the  follow-     Theodore  T.  n'illiums,p. 
ing  instructions  received  from  your  company:        ^9<>- 

"Exact  account  of  British  Columbia  fur-seal  in- 
dustry, to  go  back  as  earl}"  as  ])ossible  and  sliow  the  area  over  whi(!h 
the  seals  were  hunted  before  tlie  existence  of  tlie  Alaska  Commercial 
Company  (1870)  and  during  tlie  early  years  of  tlu^  lease. 

"It  sliould  show  the  development  and  exi)ansion  of  the  business,  in 
accordance  with  the  enhanced  value  of  skins,  caused  by  the  operation 
of  the  compfiny. 

"As  exactly  as  possible  it  should  give — 

"Statistics  of  yearly  catch  and  i)ri(;es  obtained  for  same  at  British 
Columbia,  number  of  ves.sels  employed,  tlieir  value  and  cost  of  outtlt, 
and  any  other  details  of  the  business  possible. 

"To  be  of  value  it  sh(mld  be  accurate,  and  not  merely  a])i)ioxiniate, 
as  we  desire  to  use  the  tigures  to  base  our  estimate  for  bidding  for  re- 
newal of  the  sealing  lease,  an  important  factor,  in  which  must  neces- 
sarily be  the  probalulity  of  the  continuance  of  illicit  sealing  and  its 
consecjuent  depletion  of  the  seal  herd.  The  profits  to  illicit  sealers  be- 
ing greater  or  less,  will,  of  course,  increase  or  decreasi'  their  number. 

"There  should  also  be  a  careful  statement  made  and  sworn  to  by 
competent  men  of  the  value  of  the  vessels  that  have  been  seized  and 
stranded  at  Unalaska  or  condemned  elsewher(>.  All  this  should  be 
l)repared  as  honestly  and  correctly  as  ])ossil)lc,  with  no  eifort  to  mini- 
mize values,  but  only  to  state  honestly,  as  near  as  may  be,  real  values." 

Statititics  of  yearly  catch, 

1891. 

The  first  seal-skins  ever  handled  in  British  Columbia  canght  in  the 
Bering  Sea  were  taken  in  1881.  Prior  to  that  year,  no  vessels  sealed 
in  the  Beiii'ig.  In  1881,  the  American  schooner  <S'fl?t  Diego  caught  193 
seals  in  the  Bering,  and  sold  the  skinii  to  T.  Lubbe,  of  Victoria,  British 
C(dumbia,  at  $9.25  i)er  skin.  These  skins  were  shipped  to  London,  as 
are  nearly  all  of  the  skins  bought  in  Victoria,  British  Columbia,  and 
the  trade,  therefore,  brought  no  profit  to  Canada,  T.  Lubbe  being  an 
American.  I  have,  however,  included  the  record  of  this  and  all  other 
col]ecti(ms  made  by  American  ships  in  the  Bering  Sea  when  sold  in 
British  Columbia,  becau.se  they  all  figure  in  the  reports  of  the  Victoria 
custom  house.  In  keeping  the  collection  of  the  Aineri(!an  and  Cana- 
dian vessels  from  the  iiering  district,  you  can  see  at  a  glance  the  rela- 
tive value  of  the  Bering  Sea  collection  to  American  and  Canadian 
sealers. 

1893. 

American  schooner  San  Dirt/o:  Boring  Sea  collection,  327  seals;  sold 
to  T.  Lubbe  at  V'ictoria,  British  Columbia,  at  $8  per  skiu. 

189.3. 

American  schooner  »S'(fH  Diefjo:  Bering  Sea  collection,  908  skinsj  sold 
to  T.  Lubbe,  Victoria,  Briti.sh  Columbia,  at  $10  per  skin. 

lS9't. 

Bering  Sea  {•ollcction,  sold  in  \'!ct)ria;  British  Columbia:  Anieri<'an 
schooner  San  Diego,  960  skins,  at  i^8j  American  schooners  Otter  and 
38  B  s 


694 


INVESTMENTS. 


m¥*i 


1}  i,\ 


Alexander  landed  in  Victoria,  British  Coluinbia,  1,700  skins  to  be  re- 
shipped  to  H.  Liebts  &  Co.,  of  San  Francisco,  owners  of  the  two  ves- 
sels; British  schooner  Mary  Ellen,  1,40!)  seals,  sold  at  $7.50  per  skin. 
Thus  it  will  be  seen  that  the  British  Colninbia  seal  industry  in  the 
Bcrinjj  began  in  1884.  The  Mary  Ellen  was  owned  by  D.  McLean,  was 
of  03  tons,  had  a  crew  of  twenty-one  whites  and  was  worth  $0,000,  in- 
cluding her  outflt. 

1S85. 

Bering  Sea  collection:  American  schooner  City  of  San  J)/e</o,  1,953 
skins,  at  $7.00;  American  schooner  Vanderhilt,  1,244  skins,  at  $7.00; 
American  schooner  iSan  Diego,  1,720,  at  $7.39;  American  schooner  Look- 
out, 1,100,  at  $7.50;  British  schooner  Favorite,  1,383,  at  $7.00j  British 
schooner  Mary  Ellen,  1,773,  at  $7.00. 

1886. 

Bering  Sea  collection :  Amcriciin  schooner  Anne,  182,  at  $5..50;  Ameri- 
can schooner  Thcrese  (since  sailed  under  British  flag),  2,000,  at  $0.50; 
American  schooner  Sylvia  Handy,  1,700,  at  $0.50;  American  schooner 
City  of  San  Bicyo,  1,000,  at  $0.50;  American  schooner  ITelen  Blum,  no 
record.  The  Jiritish  schooners  Onivard,  Caroline,  and  Thornton  were 
seized  in  the  Bering  with  about  2,000  skins  on  board. 

The  Caroline,  though  under  the  British  flag,  was  owned  one-half  by 
an  American  named  Bechtel,  who  furnished  also  tiie  money  for  the 
outfit.  Bechtel  is  intei'ested  also  in  the  British  schooners  Mary  Taylor, 
Fathjinder,  and  Viva. 

The  ships  were  put  under  the  British  flag  in  defiance  of  the  British 
merchant  shipping  act,  which  forbids  any  partnerships  or  beneficial  in- 
terest in  any  British  ship  by  a  foreigner.  To  secure  liimself  in  case  of 
trouble  Bechtel  has  mortgages  on  the  schooners.  The  Thornton  was 
OMued  half  by  J.  Boscowitz,  an  American,  Avho  owned  and  now  owns 
all  or  part  of  evei-y  schooner  registered  under  the  British  flag  in  the  name 
of  Capt.  Warren.  This  fact  came  out  a  short  time  ago  in  a  lawsuit  in 
Victoria  between  Warren  and  Boscowitz.  The  books  of  the  firm  being 
produced,  it  was  shown  that  Boscowitz  not  oidy  owned  and  shared  a 
half  interest,  but  had  advaiu'cd  moneys  for  Capt.  Warren's  share,  on 
which  he  collected  interest.  I  append  a  duly  certified  copy  of  part  of 
the  evidence  in  the  suit  of  Warren  v.  Boscowitz  and  Cooper,  copied  from 
the  archives  of  the  court  in  Victoria  and  fully  certified  to  by  Harvey 
Coombe,  esq.,  deputy  registrar  of  the  supreme  court  of  British  Colum- 
bia, over  the  great  seal  of  the  Dominion  of  Canada. 

Be!  Ides  the  2,000  skins  taken  by  the  seized  sealers,  the  collections  in 
the  1  ering  Sea  by  British  schooners  were: 


iitish 

schooner  Dolphin, 

2,200 

at 

$7.00 

Alfred  Adams, 

1,455 

a 

7.00 

Active, 

1,338 

a 

7.00 

Black  Diamond, 

828 

a 

7.00 

Pathfinder, 

1,700 

a 

0.05 

Sierra, 

1,000 

C( 

0.50 

Favorite, 

3,492 

u 

0.50 

Anna  Bed; 

1,112 

u 

0.05 

W.  P.  Saya-ard, 

],()00 

u 

0.50 

Grace, 

1,700 

u 

G.50 

Mary  Ellen, 

3,559 

a 

0.50 

Penclojx; 

li)4 

a 

0.50 

Mountain  Chief, 

030 

u 

0.50 

1: 


IS  to  be  ro- 
lie  two  ves- 
i)()  per  skin, 
istry  in  the 
IcLean,  was 
1  $G,000,  iu- 


Diego,  1,953 
s,  at  $7.G0; 
ooner  Loolc- 
.00;  British 


i.nO;  Ameri- 
)0,  at  $0.50; 
an  schooner 
en  Blum,  no 
ornton  were 

one-half  by 
iney  for  the 
lary  Taylor, 

the  British 

leneficial  in- 

If  in  case  of 

kornton  was 

I  now  owns 

in  the  name 

\  lawsuit  in 

i  tirm  being 

id  shared  a 

's  share,  on 

Y  of  part  of 

tiopied  from 

by  Harvey 

ish  Colum- 

llectious  in 


PELAGIC    SEALING    A    SPECULATION. 


505 


The  principal  reason  for  the  tlnctuation  in  ])riccs  this  year  and  in 
otlior  years,  was  the  disturbed  condition  of  the  London  market,  caused 
by  reports  of  large  collections,  and  so  greatly  did  the  catch  of  li.5,()00 
skins  alfect  tlie  market  that  tlie  skins  sold  for  less  in  London  tiiau 
was  paid  for  them  in  Victoria,  British  Columbia,  entailing  loss  on  the 
purcluisers. 

1887. 

The  seizures  in  the  Bering  Sea  in  ISSO  stopped  the  American  sealers 
from  fitting  out  in  1887,  with  the  excejjtion  of  two  scdioonci-s  <',om- 
manded  by  British  Columbians,  who  decided  to  take  tlie  risk.  It  was 
openly  declared  at  Victoria  that  the  United  States  Government  would 
not  go  further  than  remonstrate. 

The  American  boats  that  entered  the  Bering  Sea  were  the  C'////  of  San 
Dieyo,  which  made  a  catch  of  1,187  seals,  selling  at  ^o.-jO,  and  tlio  Van- 
derbilt,  1,.'{40  skins,  at  $5.50. 

The  catch  by  British  sealers  was : 


tisi 

I  st'hooner  Mary  Taylor, 

1,000 

at 

$().00 

u 

u 

Penelope, 

l,291i 

5.50 

(( 

« 

Pathfiniler, 

LV577 

(i.OO 

« 

u 

Mary  Ellen, 

L',i;?0 

5..50 

« 

ii 

Blaek  Diamond, 

!M)0 

5.."-)0 

« 

« 

Mountain  Chief, 

OL'l 

5..50 

« 

« 

Fuioritc, 

1,887 

5.50 

« 

u 

Therese, 

{too 

5.50 

(( 

li 

Kate, 

l,tL»5 

5.50 

« 

u 

Triumph, 

500 

5.50 

« 

« 

Lottie  Fairfield, 

2,507 

5.50 

The  Ada,  Anna  Bed;  Dolphin,  Grace,  and  W.  P.  Say  ward  were  seized 
by  the  United  States  Government. 


1888. 

Bering  Sea  collections,  sold  in  Victoria  in  1888: 


British  schooner 


u 
u 
u 
u 

II 
a 
li 
u 
a 


u 
u 
a 
ii 
it 
li 
u 
II 
li 
li 


Juanita, 
Mary  Ellen, 
Triumph, 
Annie  C.  Moore, 
Black  Diamond, 
Pathfinder, 
Viva, 
Favorite, 
Mafff/ie  Mc, 
Penelope, 
Mountain  Chief, 


German  ^schooner    Adele, 
American  schooner  Anne, 

«  ''         Webster, 

«  "         Olson, 

«  "         Walter  A.  Rich, 

«  "        Allie  I.  Alger, 

1889. 


i,o;}o 

700 

2,470 

715 

705 

000 

2,009 

2,349 

1,424 

1,054 

781 

450 

1,040 

520 

500 

400 

380 


at 

a 
li 
a 
u 
a 
li 
II 
ii 
II 
li 
II 
a 
II 
li 
il 


$5.02i 
5.02i 
5.(J2| 
5.02* 
5.<;2i 
5.<)2i 
5.(L4 
5.()2A 
5.<)2i 
5.02* 
5.02* 
5.(52* 
5.02* 
5.(J2* 
5.02* 
5.02* 
5.02* 


Bering  Sea  collection,  1880.  landed  at  Victoria,  and  all  shipped  to 
England  and  United  States. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


X 
^ 


<0     *<°    „^ 


/ 


:/, 


Ma 


1.0 


I.I 


1.25 


JfrIM  IIM 

s  ^  Ilia 
111= 

U    ill  1.6 


V] 


<^ 


^3 


7i 


% 


/: 


/A 


<'-V^ 


7 


Photographic 

Sciences 

Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


£(? 


596 


INVESTMENTS. 


So  far  the  average  selling  price  at  Victoria  has  been  $7.G5. 

German  schooner    Adele,  1,600 

American  schooner  Allie  1.  A Iger^  284 

«  ««        Newton,  239 

«  «        J.  0.  Swan,  60 

"  «        Henry  Dennis,  700 

British  schooner     Pathfinder,  50 

«  "  Viva,  2,180 

"  «  Annie  0.  Moore,      1,300 

«  «  Maggie  Mc,  1,290 

"  «<  Sapphire,  1,629 

«  "  TF.  P.  Sayward,      1,600 

«  «*  Xate,  911 

**  "  Favorite,  None. 

«  «  Penelope,  1,850 

"  "  Black  Diamond,  55 

«  «  Xt/fy,  74 

«*  «  ^nc/,  834 

«  «  Minnie,  621 

«  «  Beatrice,  700 

"  "  Therese,  Kone. 

"  "  JIfary  ^2{en,  None. 

The  record  of  the  collection,  as  given  above,  is  from  the  custom  house 
at  Victoria,  and  verified  by  the  principal  purchasers.    The  price  paid 
for  skins  came  from  the  account  books  of  the  purchasers,  and  were  veri- 
fied by  current  price  lists  published  in  the  London  fur  market. 
There  are  24  Victorian  schooners  in  the  trade  and  32  San  Francisco 
and  Paget  Sound  schooners,  making  a  total  of  ">(} 
r.  T.  Jy.lUams,  p.  502.  Schooners.     At  the  rate  of  3,000  skins  to  the 
schooner,  they  would,  if  undisturbed,  take  168,00() 
skins.    As  the  seals  they  kill  in  the  Bering  are  nearly  all  females  cither 
in  young  or  havitigjust  pupped,  the  loss  of  seal  life  woidd  be  330,000. 
To  this  must  be  added  108,000  killed  and  wounded  seal  and  their  i)iips 
not  caught,  making  a  total  of  072,000  seal  killed  with  the  present  tleet. 

Both  Miln's  valuations  and  my  own  include  the  cost  of  the  sealing 
outfit.    The  value  of  an  outfit  tor  sealing  depends 

ThoB.  T.  William$,p.  501.  upon  the  size  of  the  schooner,  the  number  of  men 
and  boats  she  carries,  and  wlietlier  or  not  they 
are  Indians.  As  you  will  see  by  one  of  the  tables  api)en(led,  there  were 
this  year  383  Indians  and  261  white  men  employed  on  sealing  schooners 
fitted  out  in  Victoria,  and  where  white  men  are  employed  tlie  schooner 
carries  boats  of  American  make,  has  her  hunters  armed  with  rifles  and 
shotguns,  and  carries  all  told  a  crew  of  4  men  to  ea<;h  hunting  boat. 
The  men  are  engaged  in  this  way:  The  hunter  who  shoots  the  seal  lias 
2  men  in  his  boat  to  row  him,  making  3  men  actually  in  the  boat,  and 
a  few  hands  are  left  on  board  the  schooner  to  handle  her.  Tltns  a 
schooner  having  a  crew  of  20  men  all  told  would  have  5  boats  and  5 
hunters.    The  cost  of  the  outfit  is,  for  such  a  schoimnr : 

Five  boats  costing  in  San  Francisco,  where  tbey  are  all  built,  $100  each $500 

Five  Marling  rllleH,  at  $;J5 175 

Five  shotguns,  at  $35 175 

Two  extra  guns 70 

Salt  for  sealskins 200 

Five  thousand  rounds  ammunition  lor  friiiisnnd  vilios IL'5 

Provisions  for  20  men  four  mouths,  at  ^  per  head  per  month 610 

Insui-auoe,  oue-thii-d  of  year 175 

2,060 


PELAGIC   SEALING  A   BFECULATIOM. 


597 


The  expenses  of  a  sealing  trip  in  the  Bering  axe,  for  a  Ibar  months' 
cruise : 

C'nptaiii,  wageR,  at.  $100 $400 

Ten  Hcamini,  at  |35  per  montb 1,400 

Fivi-  ortliiiary  Hcaineii  or  boys,  at  $20  per  month 400 

Paid  tu  liuutera,  at  $2  per  Hkin,  1, 600  an  actual  average 3,200 

5,400 

Total  expense  and  outfit 7,460 

As  the  hunters  are  paid  by  the  skin,  the  expenses  would  be  more  if 
the  catch  was  hirgor.  The  expense  of  a  six-boat  schooner  would  be 
projxntionately  greater  as  it  would  be  if  the  cruise  was  made  longer. 
Miln's  estimate  in  his  report  to  the  governor-general  of  Canada  is 
based  on  a  longer  cruise  in  a  large  schooner,  and  is  no  doubt  a  fair 
estimate. 

Still,  the  actual  expenses  of  a  schooner  can  not  be  figured  accurately 
except  by  the  owner,  who  charges  every  item  of  expense  against  her  as 
it  is  i)aid  out,  and  the  figures  I  have  given  only  serve  as  an  approxi- 
mate guide  to  the  average  i)rofits  of  a  sealing  trip.  According  to  Mr. 
Miln's  estimate,  a  big  schooner  catching  2,0(M)  seals  (an  observedly  high 
estinmte)  would  make  a  profit  of  $4,440  on  her  trip  if  the  skins  sold  for 
87.50  each,  and  he  adds  that  she  could  catch  3,000  skins  if  undisturbed 
by  a  Unit('<l  States  revenue  cruiser,  and  if  she  could,  two  things  would 
liai>pen — skins  would  drop  to  next  to  nothing  in  value,  and  there  would 
be  uo  seals  next  year. 

The  average  market  value  of  seal-skins  taken  in  the  water  as  com- 
I)ared  with  tliat  of  aninials  properly  selected  on 
the  seal  islands,  either  of  Alaska  or  Siberia,  is      Itaao  Liebes,  p.  ^3. 
about  one-third.    The  former  are  mostly  pregnant 
cows,  the  fur  of  which  is  thin  atid  poor,  compared  with  the  males,  and 
the  skins  are  riddled  more  or  less  with  bullets  and  buckshot,  making 
them  practically  unfit  for  first-class  garments. 

In  ascertaining  the  value  of  the  vessels  that  have  been  seized  by  the 
United  States  Government  for  illegal  sealing  in 
the  Bering  Sea  I  got  the  record  of  actual  sales  gos  w^*'"*""*.  P- 

in  every  case  where  the  vessel  had  changed  hands 
during  tlie  ]»ast  six  years.  Many  of  the  schooners  were  bought  by 
their  last  owners  at  private  sale,  but  others  had  been  sold  at  auction. 
Tlie  seized  schooners  belonging  to  Boscowitz  and  Warren  were  all 
sold  at  auction  in  the  year  1885,  and  were  bought  in  by  a  party  in  the 
interest  of  Boscowitz  for  $1  each  above  the  lieu  on  them.  No  one  bid 
higher  than  that,  for  the  excellent  reason  that  the  lien  represented  in 
every  case  the  full  value  of  the  boat  and  outfit,  and  was  given  by  War- 
ren, in  whose  name  the  boats  stood,  to  secure  Boscowitz,  who,  being  an 
American,  could  not  legally  own  an  interest  in  boats  sailing  under  the 
British  flag.  I  appoml  a  certified  copy  of  the  sale  of  these  vessels  at 
public  auction  iu  Victoria  in  1885. 


SUBJECT-INDEX. 


Pag*. 
Act  of  reproduction.    (S«e  Coition.) 
Age: 

^f'"'"" m,\[m 

Of  cows 1  JO 

Alaskan  seal  Iierd : 

and  RusHinii  lierd,  distiuntion  between 92 

Classification  of jqo 

Decrease  of.     {See  Decrease.) 

Does  not  enter  inland  waters 1P5 

Does  not  land  at  Guadalupe  Islands 2()8 

Does  not  land  except  on  Pribilof  Islands Igg 

Does  not  mingle  with  Russian  herd 99 

Habits  of irj 

Home  of g^ 

Loss  if  destroyed 575 

Migration  of Igj 

Protection  of.     (See  Protection.) 

Seal-skin  industries,  dependence  on 51^ 

ALu«knn  seals,  enumeration  of,  impossible gg 

American  Bering  Sea  Commissioners : 

Decrease,  the  result  of  pelagic  scaling 305 

Diminution  of  seals  most  noticeable  among  females 305 

Greater  part  of  seals  taken  at  sea,  females 305 

American  furriers,  testimony  of,  as  to  destruction  of  fenialcs 413 

American  managoment: 

Of  rookeries 212 

Result  of 257 

Antarctic  seals : 

Destruction  of 433 

Do  not  migrate 162 

Arrival  at  the  islands: 

Of  bachelors 15g 

Of  bulls 131 

Of  cows 133 

Attitude  of  seals  when  aiuied  at.    (Sec  also  Migration:  Miiiiner  of  traveling 

duriug) 377 

Bachelors : 

Arrival  of,  at  islands 158 

Departure  of,  from  islands 161 

Feed  very  little 169 

Mingling  with  the  cows 160 

The  killablo  class 1.59,228 

d<J9 


600 


6UUJECT-INDEX. 


Bcriiii;  Soft:  Pjige. 

FoKHin 526 

Proliiltition  of  pelagic  Hcnlinjj  in 622 

San  Diego  entire,  in  1883 335 

8*>aling  vossi-Is  did  not  ontcr,  before  dccreiwo  bi'gun 327 

Bering  Sea  Commission : 

Ueiiort  of,  UN  to  eansc  of,  decrciiae 304 

(See  also  American  Bering  Sea  ComiulHsioners.) 

Birth  of  pnpn 104 

Aquatic,  impossible 110 

Number  at 143 

On  kelp  beds,  impossible 121 

Time  of 104 

Birthrate  not  affected  by  l^illing  certain  number  of  male  seals 233,234 

Black  pups 104 

Breeding  grounds 87 

Breeding  seals  protected  from  disf  <bauce 230 

British  furriers,  testimony  of,  as  to  di'struction  of  femnlr  seals 410 

Bulls 131 

Age 135-136 

Arrival  of,  at  islands 131 

Arrival  of  the  cows 133 

Coition 138 

Condicts  between 13.',  135, 136 

Departure  of,  from  islands 142 

Dis<»rgaui/.ation  of  tlie  rookeries 141 

Fasting  of,  on  the  rookeries 140 

Ferocity  of 135 

Idle,  vigorous 293 

Land  on  same  rookery 133 

No  lack  of,  on  the  rookeriiis 291 

Organizing  their  harems 134 

Power  of  fertilization 137 

Sufficient,  preserved  for  breeding  purposes 291 

Vi tal i ty  of 142 

Weight 101,140 

Canadian  investment.    (5celnvestmi^nt,  Caua'lian.) 

Canoe  usi  d  by  In  lian  hunters 351 

Cape  Horn  rookeries 490 

Capo  of  Good  Hope,  protection  of  seals  at 488 

Catch  of  sealing  vessels.     {See  Pelagic  catch.) 

Catllc,  seals  managed  like 217 

Cause  of  death  of  pujts  on  the  rookeries 146 

Canst!  of  decrease.     {Sec  Decrease. ) 

Causes  of  migration  of  Alaskan  herd 161 

Census  of  seal  life  impossible 88 

Classilication: 

Of  migrating  seals.     (Sep  Migration:  Manner  of  traveling.) 

Of  pups 104 

Of  8t!al8 103 

Climate  of  Pribilof  Islands 77 

Close  scaHon : 

As  a  means  of  protection  of  seal  herd 517 

Coition : 

DiKJs  not  takti  place  in  water 138 

The  act  of 139 


SUBJECT-INDEX. 


601 


Comtnandflr  Islnnds:  Tuge. 

Drives  on 238-242 

Condition  of  natives: 

Improvement  in 214 

Under  American  control 214 

Under  the  RuHsian  Company 213 

Control  and  domesticution  of  the  seals 217 

Course  of  migration  of  Alaskan  herd 164 

Cows: 

Age  of 1*3 

Arrival  of,  at  islands 133 

Death  of,  causes  death  of  their  nups 146 

Departure  of,  from  islands 157 

Destruction  of,  by  i)elagic  sealing 410 

Eighty  to  niTiety  per  cent  of  pelagic  catch  are.     {Sie  Testimony  of  Ihitisb 
furriers.) 

Feeding  excursions  of  the •      149 

Food 118 

Gestation  of,  period  of 113 

Harem  life  of  the 113 

Killed  on  islands  only  by  accident 223 

Milliner  of  feeding.     {See  Feeding  exeursions.) 

Mingling  with  the  bachelors 100 

Nourisli  only  their  own  pups 114 

Number  of,  that  a  bull  can  fenilizo 137 

Number  of  pups  at  a  birth 113 

Number  of,  to  a  harem 13^1 

Protection  of 223 

Scarcity  of,  oii  rookeries.     {See  Decrease,   lack  of  male  life  not  the 
cause.) 

Speed  of,  while  swimming 157 

Weight  of 101 

Dead  pups.     {Sec  Pups,  dead.) 

Death  of  cow  causes  death  of  pup HO 

Death  of  paps  on  tlio  rookeries.     (See  Pups,  dead.) 
Decrease : 

American  Commissioners  on  cause  of 305 

As  seen  along  the  coast 282 

As  seen  in  1891.     {See  Decrease :  As  seen  on  Priliilof  Islands.) 

As  seen  on  Pribilof  Islands 269 

Began  1884  or  1885 2G9 

Cause  of 291 

Caused  by  excessive  killing  by  man 304 

Caused  by  pelagic  sealing 305 

Comparison  of,  with  increase  of  sealing  fleet 327 

Did  not  begin  till  scaling  ves.sels  entered  lieriiig  Sea 327 

Dr.  Allen  on  cause  of 305 

Evidence  of 269 

Experts'  opinions  as  to  cause  of 306 

How  determined 91 

Not  caused  by  lack  of  male  seals - 291 

Not  caused  by  management 301 

Not  caused  by  raids 296 

Opinions  as  to  cause  of 305 

Opinious  of  ludiuus  us  to  cause  of 313 


602 


8UBJ£CT-INDEX. 


Decroa«e— Contlnned.  Tagt, 
Opinions  of  Makah  Indians  as  to  canso  of.   {See  Opinions  of  Indians  as  to 
I  ause  of.) 

Opinions  of  pelagic  sealers  as  to  cause  nf 321 

Periuil  of  stugnatiou  beibro 268 

Shown  by  reduction  of  qnota 274 

Testimony  of  Indian  hunters  as  to 313 

Testimony  of  pelagio  sealers  as  to 321 

Decrease  of  seal  herd.    (See  Decrease.) 
Departure  from  islands : 

Of  bachelors 161 

Of  bulls 142 

Of  cows 157 

Of  pups 127 

Dependence  of  pnp  upon  its  mother , 127 

Deponents,  their  positions,  occupations,  and  experience 1 

Destruction  of  female  seals : 

American  furriers,  testimony  of,  as  to 413 

British  furriers,  testimony  of,  as  to 410 

French  furriers,  testimony  of,  as  to 411 

Pelagic  sealers,  testimony  of,  as  to 422 

Destruction  of  nursing  females 451 

Destruction  of  pregnant  females 429 

Disorganization  of  the  rookeries 141 

Distance  the  cows  go  in  feeding.     (See  Feeding  excursions.) 

Distinction  between  Alaskan  and  Russian  seal  herds 92 

Disturbance  of  breeding  seals 230 

Dogs  killed  on  the  islands.    (See  also  Disturbance  of  breeding  seals.) 28 

Domestication  and  control  of  the  seals 217 

Drive.     (See  Driving.) 

Driving 236 

Care  taken  not  to  overheat  seals  while 'J?>G,  244 

Improvement  over  Russian  method  of 251 

Longest;  under  American  control 253 

Longest ;  under  Russian  control 253 

Long ;  stopped 253 

On  Commander  Islands  more  severe  than  on  Pribilof 238, 242 

Slowness  of 239 

Duties  on  Alaskan  skins  imported  into  the  United  States.    (See  Loss  to  United 

States.) 
Employes : 

In  Canada  and  London 689 

In  United  States 589 

Enumeration  of  seals  impossible 88 

Examination  of  catches  of  vessels  seized 427 

Examination  of  dead  pups.    (See  Cause  of  death  of  pups. ) 

Examination  of  pelagic  catch  of  1892 419 

Falkland  Islands,  protection  of  seals  at 488 

Fasting  of  the  bulls  on  the  rookeries 140 

Feeding: 

Excursions  for 149 

Manner  of.     (See  Feeding  excursions.) 

Very  little,  by  bachelors 159 

Female  seals,  destruction  of: 

Testimouy  of  American  furriers  as  to 413 


SUBJECT-INDEX. 


G03 


PafHi 


321 
269 
274 
313 
321 


161 
143 
167 
127 
127 
1 

418 
410 
4U 
433 
451 
429 
141 

93 
380 

38 
317 

235 
23G,  244 
251 
258 
258 
253 
238, 242 
239 


589 

589 

88 

427 

419 
488 
140 

149 

150 

413 


Femnlo  seals,  rtostruction  of— Coiitinuod.  Pftjjn. 

Tvstiinoiiy  of  Uritish  furriois  us  to 410 

Testimony  of  Froiuh  uiiritirs  as  to 411 

Testimony  of  i»claj;ic  sealers  as  to 422 

Foninle  seals,  protecticHi  of,  by  lessees 223 

Fertilisation,  powers  of  bull  in 137 

Firearms : 

Forbidden  on  islands.     (Bee  Disturbance  of  breeding  seals. ) 

Used  by  white  hunters 351, 362 

Use*!  in  pela j;ic  sealing 336 

Fleet  of  sealing  vessels.     {Scv  Scaling  fleet.) 

Fogs  in  Bering  Sea ^-^ 

Food  of  the  seals I-IS 

French  furriers,  testimony  of,  as  to  destruction  of  females 411 

Furriers: 

American,  opinions  of,  as  to  the  need  of  protection  406 

American,  testimony  of,  as  to  number  of  females  in  pelagic  catch 413 

British,  opinions  of,  as  to  need  of  protection 41) I 

Britisli,  testimony  of,  as  to  pelagic  catch 410 

French,  opinions  of,  as  to  need  of  protection 44)5 

French,  testimony  of,  as  to  pelagic  catch 411 

Gaff,  used  by  pelagic  sealers.    {See  Pelagic  sealing,  sinking.) 

Gestation,  period  of 143 

Gray  pups ^^^ 

Guadalupe  Islands,  seals  of,  a  different  species  from  Alaskan  seals 208 

Guns.    (5ee  Firearms.) 
Habits: 

Of  the  Alaskan  seal 77 

{Set'  I'ribilof  Islands;  Alaskan  seal  herd;  Pups;  Balls;  Cows;  Bache- 
lors; Migration.) 
Harems : 

Cow's  life  in  the • 143 

Disorganization  of  the 141 

Number  of  cows  in  the 134 

Organization  of 134 

Hauling  grounds 88 

Home  of  the  fur-seal 81 

Hunters,    {See  Indian  hunters  and  Pelagic  sealers.) 

Hunting,  manner  of,  seals  by  Indians 31(5,  .351 

Improvement  over  Russian  methods  of  taking  seals 251 

Inability  of  pup  to  sw iiu 106 

Increase - 257 

Ceased  in  1880 267 

How  determined 01 

How  shown 2."»7 

Resulting  from  American  management 257 

Increase  of  seal  herd.     {See  Increase.) 

Increase  of  sealing  fleet 327 

jndiau  hunters: 

Description  of  spear,  canoe,  and  manner  of  hunting  by 316, 351 

Lose  very  few  seals  struck.     {See  also  Percentages  lost  of  seals  struck.)  346 

Opinions  of,  as  to  need  of  protection 501 

Indians : 

Catch  of,  along  coast » 331 

Employed  as  hunters  prior  to  1885 831 


604 


SUBJECT-INDEX. 


ludiniiH— Continued.  Fag*. 

Mukah  un  cniiiio  of  decreaso.    {See  ludiimH:  Opiuions  of,  as  to  cnnse  of 
diH'n'UHe.) 

0|>iiii<>nH  of,  an  to  caiino  of  decroase 313 

Soul-liiiiitii)<;  n\mm  tliu  coast  by 331 

IndiHcriuiiiiatd  HlaiiKlitet  in  )i<'Ia;;i<:  Healing 366 

Industry.     (.Vcr  .Scal-sliiu  induMtiy.) 

Iiivt'Sluiunt,  Canadian : 

In  pulaf^io  HraiiuK  in  IWK),  <'xaf?;?«iatod 687 

In  wMilskin  induHtry  in  IS'.tO 587 

Qut'stionaliitt 590 

KenciiiuK  tli<'  Hkitm 256 

Kiilahli*  clasH,  Tliu.     (•S'<!<;  liailicloiH.) 
KillinK-. 

Kx(«'8sive,  fttusi'  of  decrease 804 

Manner  of,  on  islands 234 

Killing  Kioiinds: 

Located  near  liauling  grounds 217,219 

Killing  of  certain  nunilter  ul  mule  seals: 

A  benefit 23:^,234 

Does  not  aflVut  birtii  rale 233,234 

Killing  seals,  regulations  for.     (Sir  Killing:  Manner  of,  un  islands.) 

Killing  seals  at  seu.     {Sve  Pelagic  scaling.) 

Lease  of  1870 212 

Allowed  1(10,000  male  seals  to  bo  taken 212, 213 

Letters  from  naturalists.    (-See  Naturalists.) 

Lobos  Isluutls,  protci^tion  of  seals  at 490 

Loudon  sealskin  intliistry.     (Sec  I^oss  to  Great  Britain.) 

Loss  if  Alaskan  herd  desl  roved 575 

To  France 584 

To  Great  Britain 581 

To  United  .States 575 

Makali  Indians.     (•Sec  Indians.) 

Male  seals  not  injured  by  redriviug.     (See  Mauagemeut:  Overdriving  and 
redviving.) 

Management: 

Improvement  over  Russian  metliod  of  talcing  seals 251 

Manner  of  taking  seals  on  the  islands 234 

Methods  of.     (Sec  Driving,  overdriving  and  redriving,  and  killing.) 

Not  a  cause  of  decrease 301 

Result  of  Auu-rican 257 

Management  of  rookeries 211 

American 28,212 

Management  of  the  seals 217 

Control  and  domestication 217 

Ease  of 217 

Manner  of  taking  seals  on  the  islands 234 

Manner  of  hunting.    Of  white  and  Indian  hunters.    (See  Pelagic  sealing: 
Methods  of ;  Indian  hunters;  white  hunters. ) 

Manner  of  traveling 186 

Markets: 

In  the  past 531 

Means  necessary  for  protection  of  Alaskan  herd 508 

Method  of  killing  seals  on  tfie  islands.     (See  Mauagemeut.) 

Methods  of  muuagement.    (Sec  Mauagemeut.) 


SUBJECT- INDEX. 


605 


Pag*. 


313 

331 
3C6 


587 
587 
590 
256 


304 
234 


490 

575 
584 
581 
575 


251 
234 

301 
267 
211 
28,  212 
217 
217 
217 
284 


186 

681 
606 


MigntiOB.  Page. 

Antarctic  nenls  have  no 1152 

Conrae  of  Alaskan  herd \M 

During,  seal  liord  does  not  enter  iiilitiid  wutorn 195 

During,  sonl  herd  does  not  land 188,  195 

Lack  of  foo«l  supply  a  cause  of Kil 

Manner  of  travtding  during 180 

Of  Alaskan  seal  herd 101 

Of  RuHsiau  seal  herd 208 

Seals  travel  in  irregular  body.  (.See  Migration:  Maiini'i-  of  travrliiinr.) 

Winter  weather  a  cause  of 101 

Natives  of  Pribilof  Islands,  condition  of.     (^See  Conililiitii  of  natives.) 

Natiiriilists,  opiniouH  of 490 

Dr.  Henry  H.GiglioIi 492 

Dr.  J.  A.  Allen 490 

Dr.  P.  L.  Sclater 493 

Dr.  Knphael  Hlunthanl 491 

Prof.  Lilljeborg 493 

Prof.  NordcnskiJild 493 

Prof,  T.  H.  Hu.\loy 492 

Newfoundland  icguliitioiis  piotfctinj^  hair  seal.s 488 

New  Zealand,  protection  of  seals  at 488 

North  Pacific  Ocean,  necessity  of  protecting  seal  herd  in.     (Sic  I'ltitei  tion.) 
Northwest  catch.     (See  Pelagic  catch.) 

Number  dead  pups  in  1891 470 

Number  of  mole  seals,  killing  of.  a  bcnclit 233 

Number  of  seals  allowed  to  bo  killed 1»,S2 

Number  of  seals  lost  of  those  killed HS.j 

Nunilier  of  seals  to  be  killed  fixed  by  Secretary  of  the  1  reaMii y 2U2 

Nursing  funinles,  destruction  of,  by  pelagic  sealing 451 

Open-sea  sealing.     (See  Pelagic  sealing.) 
Other  seal  herds : 

Destruction  of 483 

Destruction  of,  caused  by  indiscriminate  killing 183 

Outfit  of  sealing  vessels 337 

Overdriving 247 

Skins  saved  when  seals  killed  by 23(i,  237, 246 

Overheating.     (See  Overdriving.) 
Pelagic  (;atch : 

Eighty  to  ninety  per  cent  female  seals.     (See  Furriers,  British,  testi- 
mony of,  as  to  pelagic  catch.) 

Examination  of,  on  vessels  seized 427 

Of  1892,  examination  of 419 

Testimony  of  American  furriers  as  to  uiiinher  of  females  in (13 

Testimony  of  British  furriers  as  to  unniher  of  females  in 410 

Testimony  of  French  furriers  us  to  niimUer  of  females  in 411 

Testimony  of  pelagic  sealers  as  to  number  of  females  in 422 

Pelagic  sealers : 

Opinions  of,  as  to  cause  of  decrease 321 

Opinions  of,  as  to  need  of  protection 497 

Testimony  of,  as  to  number  of  females  in  catch 422 

Weapons  used 362 

Pelagic  sealing,  absolute  prohibition  of,  necosuary.    {See  Piohibitiou  of  pe- 
lagic sealing.) 


ii 


B06 


SUHJECT-INDEX. 


Pelnffic  NcnllriK 

Af(i*  "f  voHH4<lft  oiigaged  in.     (See  •Si.-itlNkiii  iinliiMti'y:  Ciiiiiuliun  iiivt'st- 
iiiont  in  18U0.) 

Aititiitlo  <if  wiiJM  wlicn  ainioil  nt 

Cuniidiiiu  invcHtiniMit  in  18UU 

Cniisi)  of  (Ircreoao 

Dufttrnction  ot"  i'«MnnIi<  h«ih1h  liy 

Dofltruction  *>(  niirNinK  C^uiii'.'h  Ity 

Di'striiction  of  prrgnant  foiniilcH  by 

DiHtan<-i>  of,  from  iMJaniU.     {See  I'loliiliition  uf  pi'lagic  Hvaling  williiu  u 
zono.) 

FiroarniH  infroiliicnd  in  

llintory  of 

Indian  hnntiTH,  manner  of 

InilinnH  «mploycil  aH  Inintors  prior  tu  1S.S5 

IniliHcriminat*'  Nlan^litur 

Metliodfl  of 

Peri'«'ntajio  of  m-ain  liwt — gcntTai  Ntatcini-nt 

PercGntagc!  of  scalH  lont  of  IIhihu  killed  by 

I'er(!ontaK<^  lost  of  Hoals  Htrnck 

UeanltH  of 

ScalH  loBt  by  HinkinK 

Seals  lost  by  woiindinjj 

Spoculativo 

Two  ways  in  wliicli  a  Hual  may   be  killed  liy,  and  nut  seiiiri'd.     {Sec 
Pelagir  scaling:  Ueaults.) 

VesHclH,  onttit,  etc 

VesHcds  used  in 

Waste  of  life  by,     (Act' Pelagic  sealiai;:  KesnilM.) 

Wea|)on8 

White  hunters,  manner  of 

Percentage  of  female  seals  taken  by  i»i: lajiie  scalers 

Percentage  of  nursing  females  destroyed  by  ]ielagi<^  siiiling 

Percentage  of  pregnant  iemales  tlestroyed  by  pelagic  sealing 

Percentage  of  seals  lost  of  those  killed 

Perio<l  of  gestation 

Podding 

Of  seals  on  killing  grounds.     {Sw  Killing.) 
Preservation  of  seal  herd.     {See  Prottsction  of  seal  herd.) 
Pribilof  Isbnds 

Climate 

Decrease  as  seen  on 

Home  of  the  fur-seal 

Natives,  condition  of.     {See  Condition  of  natives.) 

Kookeries 

St.  George  Island 

St.  Paul  Island 

Prohibition  of  pelagic  sealing: 

Absolute,  necessary 

During  a  close  season 

In  Dering  Sea 

Limited.     {See  Protection :  a  close  season,  et  teq, ) 

Within  a  zone 

Proliibition  of  uae  of  firearms 


331 


377 
587 
S(t5 
410 
451 
429 


330 
:«l 

;i:ii.:ii(} 
:t:u 

337 
379 

;}8.5 

3S9 

3(;ri 

104 
402 
590 


337 
334 

3G2 
.354 
410 
451 
429 
385 
143 
124 


77 

77 

269 

81 

87,88 
8(i 
86 

508 
517 
522 

525 
622 


8UBJECT-INDEX. 


607 


'.m 


331 


377 

r.87 

410 
451 
4:.>9 


330 

;«1 

,  3  ((} 

:t;u 

HtJO 
337 
379 
385 
389 
3(i6 
101 
402 
590 


337 
33^1 

362 
354 
410 
451 
429 
385 
143 
124 


77 

77 

2G9 

81 

87,88 
80 
86 

508 
517 
522 

525 
622 


Protprtlon : 

Ily  ArKentine  Rflpniillo,  of  Air-Ronlfl 

Ity  ('iiile,  of  fur»BcnlH 

Uy  Oront  Hritiiin,  of  hair-R<>nl 

By  Qrcnt  Dritiiiii,  nf  tho  fiir-m-al 

liy  Now  Zciilniid,  of  fiir-Beals 

By  ( Jrngnny,  of  fnr-scitlH 

NoccHHity  of,  for  cows.     (See  Female  svalh,  protut-tioii  of  by  lettHeua.) 
Of  AliiHknn  lioril: 

Ainoriciui  fiirrioi-H  on 

BriiiHli  fiirriors  on 

By  cloHe  HucHon 

By  prohibiting  flrenrms 

By  prohibition  of  poliigit'  Huuling.     (Sev  I'rohiliition  uf  poingic  scal- 
ing.) 

By  zono  nbont  the  iHlnntla 

Dr.  Bluufhiird  on .     

Dr.  Giglioli  on 

Dr.  Sclator  on 

J'rench  furriers  on 

Indian  hnntora  on 

Toint  Conin>iH«ioncr«'  roport  on 

Means  ntci'ssary  for 

Neot'Hsity  of 

OpinionH  of  naturalists 

Pelagic  sealers  on 

ProfesHor  I  hixhiy  on 

ProfeSHor  Lilljeborg  on 

Professor  Nordenskiold  on • 

Various  witnesses  on 

Of  female  seals 

Of  fnr-seals : 

By  Argentine  Republic 

By  Chile 

By  Uruguay 

Of  seals  at  (Jape  of  Good  Hope 

Of  seals  at  Falkland  Islands 

Of  seals  at  New  Zealand 

Regulations  of  1869  for 

Protection  and  preservation 

Pnps 


4UU 

490 
48M 
4K8,  I!I0 
488 
229 


400 
491 
517 
522 


Birth  of 

Birth  of,  in  water  impossible   

Birth  of,  on  kelp  beds  inipos8i)>lu.. 

CInssiiication  of 

Departure  of,  from  islands 

Dependence  of,  on  their  mothers. 

of  pup)  

Destruction  of,  by  killing  mothers 

Inability  to  swim 

Killing  of,  for  food  prohibited 

Learning  to  swim 

Locomotion  of,  on  land 

Number  of,  at  a  birth 

foddingof 


(iSeoalso,  Death  of  cow  causes  <leath 


525,  .">20 
491 
492 
493 
495 
501 
4JK) 
508 
4!M) 
4!H) 
497 
492 
493 
493 
505 
223 

490 

4S)0 
4i)0 

488 
488 
488 

28,  2:io 

483 
104 
104 
110 
121 
104 
127 

127 
127, 146 
106 
232 
125 
125 
143 
124 


m 


608 


SUBJECT-INDEX. 


Pups — Continued.  faga. 

Tauivncss  of.    (See  Mnnngement,  control,  and  domestication.) 

Vitality  of 130 

Weiglit 104 

Pups,  dead : 

Do  not  die  of  epidcMuic 476-480 

Died  of  starvation 474 

Increase  of 466 

Inspected  by  Hritisli  l?ering  Sea  Coniniissioiicrs 471,472 

Number  of,  pr 'oi  to  1884 468 

Number  of,  in  1891 470 

On  tlie  rookeries 466 

Time  of  appearance  of 469 

Pup  seals.     (See  Pups.) 

Raids : 

Difficult  to  make.     (See  Decrease,  raids  not  the  cause.) 

Number  of  on  rookeries  .  297 

On  rookeries  not  a  cause  of  decrease 296 

Roasotf  pregnant  females  are  taken  by  i)clagic  sealers 448 

Redriving 247 

Male  seals  not  injured  by 247-250 

Regulations: 

Against  use  of  firearms.     (5ee  Management,  disturbance  of  breeding 

seals. ) 
As  to  number  killed.     (See  Management,  nunibiT  killed.) 

Protecting  breeding  seals  from  molestatiiui 223 

Of  1869 28,230 

Only  bachelor  seals  killed  on  the  inlands 228 

Replies  of  scientists.    (See  Protection.) 

Reproduction.     (See  Coition.) 

Results  of  pelagic  sealing 866 

Rille.    (Sec  Firearms.) 

Rookeries 87, 88 

Antarctic,  depletion  of 483 

Breeding  grounds 87 

Condition  of,  show  decrease 91, 269 

Disorganization  of 141 

Hauling  grounds 88 

Management  of.    (See  Management.) 

On  Cape  Horn 490 

On  Lobos  Islands 490 

Raids  on.     (^ee  Kaids.^ 

Russian  method  of  taking  seals,  improvement  over 251 

Russian  seal  herd: 

Decrease  of 487 

Distinction  between,  and  Al.skau 92 

Does  not  mingle  with  Alaskan  herd 99 

Migration  of 208 

Winters  in  Sea  of  Okhotsk 209 

Salting  the  skins 2r)6 

San  Diego.    Enters  Bering  Sea  in  1883 335 

Schooners.     (See  Vessels.) 

Seal,  Alaskan.     (See  Alaskan  seal  herd.) 

Seal  herds  other  than  Alaskan  seal  herd.    (See  Other  seal  herds.) 

Sealers,  white.    (<See  Pelagic  sealers.) 

Seal  Itlanda.    (Set  Pribilof  Islands.) 


1 


130 
104 

476-480 
474 
466 

471, 472 
.468 
470 
466 
469 


297 

296 

448 

247 

247-250 


odiug 


223 

28, 230 
228 

366 

87,88 

483 

87 

9J,  269 

141 

88 

490 
490 

251 

487 
92 
99 
208 
209 
256 
335 


SUBJECT-INDEX 


609 


Sealing  fleet :  ruga. 

Comparison  of  increase  of,  with  decrease 327 

Did  not  enter  Bering  Sea  before  decrease  began 327 

Increase  of 327 

Sealing  in  the  water.    (fSee  Pelagic  sealing.) 

Sealing  vessels : 

Age  of.    (£ee  Seal-skin  industry ;  Canadian  investment  in  1890.) 

Sealeries.    (See  Seals.) 

Seal  lisheries.    {See  Seals.) 

Seals:  (See  a?80  Alaskan  seal  herd.) 

Are  domestic  animals.     {Sic  Control  and  domestication.) 

Classification  of 103 

Driving  of.     (See  Driving.) 
Food  of.     (,See  Cows:  Food.) 

How  decrease  of,  determined 91 

How  increase  of,  determined 91 

Like  domestic  cattle.     (See  Control  and  domestication.) 

MalCj  lack  of,  not  cause  of  decrease 291 

Male,  not  injured  by  redviving 247 

Male,  sufficient,  preserved  for  breeding  purposes 291 

Management  of 211-268 

Manner  of  taking,  on  the  islands.     (See  Driving  and  killing.) 

Nursing  females,  destiuctiou  of,  by  pelagic  sealing 451 

Of  Tierradel  Fuego 1G2 

Pregnant  females,  destruction  of,  by  pelagic  sealing 429 

Protection  of.     (/Sc<!  Protection.) 

Sex  of,  can  not  be  distinguished  in  the  water 366 

Speed  of,  while  swimming 157 

Wounding  of,  by  pelagic  scaling 402 

Seals,  Antarctic.    (See  Antarctic  seals.) 

Seals,  female — 

Eighty  to  ninety  per  cent  of  pelagic  catch  are.    (See  British  furriers, 

testimony  of,  as  to  destruction  of  female  seals.) 
Percentage  of,  taken  by  pelagic  sealers 410 

Seals  lost  by  sinking 404 

Seals  of  the  Guadalupe  Islands,  a  different  species  from  Alaskan  seals 208 

Seals,  pregnant  females,  destruction  of,  by  pelagic  sealers 429 

Seal-skin  industry 529 

Dependence  on  Alaskan  herd 516 

Growth  of 534 

In  France 584 

In  Great  Britain 581 

In  Great  Britain,  capital  invested  in 581 

In  Great  Britain,  number  of  einployds  in 581 

In  the  past,  markets  for 531 

In  the  past,  sources  of  sup]dy  for 529 

In  the  present,  sources  of  sTipply 536 

In  the  United  States 573 

Investments  ir. - 587 

Loss  if  herd  destroyed 575 

Need  of  regular  supply  of  skins  for 585 

Namhor  of  persons  employed  in.    (See  Loss  to  United  States,  to  Great 
Britain,  and  to  France.) 

Seal-skins : 

Cost  of  dressing  and  dyeing.    (Sec  Loss  to  Great  Britain.) 
Cost  of  manufacturing.    (See  Loss  to  United  States.) 
39  B  S 


610 


SUBJECT-INDEX. 


Seal-skins — Continncd.  Page. 

Kenching  256 

Number  of,  imported  into  United  States.     (See  Loss  to  United  States.) 
Price  in  London  market  of.     (See  Loss  to  United  Stiites.) 

Salting  the ,      256 

Sex  of  the  animals  can  be  told  from 413, 416 

Sex  of  seals  can  not  be  distinguislied  in  the  water 366-376 

Shotgun.    (See  Firearms.) 

Sinking  of  seals  killed  by  pelagic  sealers 404 

Sinking,  use  of  gaff  to  secure  seals 404, 405 

Skins.     (See  Seal-skins.) 

Slaughter  of  1868 211 

240,000  bachelors  killed 212 

Spear  used  by  ludian  hunting 352 

Speculation : 

Pelagic  sealing  a 590 

Speed  in  swimming 157 

St.  George  Island 86 

St.  Paul  Island 86 

Swimming,  speed  of  the  seal  wliilo 157 

Tierra  del  Fuego,  seals  of 162 

Time  of  departure.     (See  Departure  from  islands.) 

Value  of  fur-seals,  fur-seal  industry,  etc.     (Sre  Loss  to  United  States.) 

Vessels  first  used  in  pelagic  sealing 334 

Vitality: 

Ofbnlls • 142 

Of  pups 130 

Wagesof  employe's  in  British  seal-skin  industry.    (Sre  Loss  to  Great  Britain.) 
Waste  of  life  by  pclpgic  scaling.     (Sec  pelegic  sealing:  Results.) 

Weapons 362 

Weight: 

Of  bulls 101,140 

Of  cows 104 

Of  pups 104 

V.'^hite  hunters.    (See  Pelagic  sealers  and  palegic  sealing.) 

Wounded  seals  not  secured 402 

Zone  for  protection  about  the  Islands 622 


i 


i^ 


Page. 
256 

es.) 

.  256 

413,416 

366-376 

404 

404,405 

211 

212 

352 

590 

157 

86 

86 

157 

162 

334 

142 

130 

ain.) 

362 

....  101,140 
104 
104 

402 
622 


CITATIONS 


FKOM  THK 


WRITINGS  OF  m\m  m  economists 

ILLUSTRATING  AND  SUPPORTING  CERTAIN  PROPOSITIONS 

MAINTAINED  IN  THE  ARGUMENT  OF  THE  UNITED 

STATES  UPON  THE  SUBJECT  OF  PROPERTY. 


611 


J?  i 


ri^ 


CITATIONS  FROM  THE  WRITINGS 

OF 

JURISTS   AND   ECONOMISTS 

ILLUSTRATING  AND  SUPPORTING  { INTER  ALIA) 

THE  FOLLOWING  PROPOSITIONS 

MAINTAINED  IN  THE  ARGUMENT  OF  THE  UNITED  STATES 

UPON  THE  SUBJECT  OF  PROPERTY. 


First.  That  the  earth  and  all  its  bounties  were  originally  bestowed 
upon  mankind  in  common. 

Second.  That  the  institution  of  property,  and  especially  of  private 
property  exists  only  for  the  satisfaction  of  the  great  social  necessities 
of  mankind. 

That  such  necessities  may  be  generally  described  as  two-fold. 

1.  The  preservation  of  peace  and  order. 

2.  The  preservation  of  the  gifts  of  nature,  and  the  making  of  them 
mure  productive,  in  order  to  8Ui)port  the  increasing  population  of  the 
earth  which  the  advance  of  civilization  necessarily  involves. 

Third.  That  the  institution  of  property  is  governed  by  the  social 
necessities  which  it  is  designed  to  satisfy;  and  will  be  extended  to 
every  subject  to  which  those  necessities  require  its  extension. 

Fourth.  That  the  extent  of  the  dominion  which  is  allowed  by  the 
institution  of  property,  either  to  nations  or  to  individuals,  is  always 
limited  by  the  social  duties  which  invariably  accompany  it. 

1.  It  is  the  use  only  which  is  given. 

2.  They  must  be  iiO  used  as  to  carry  out  the  purpose  of  the  original 
„.ft  for  the  benefit  of  all  mankind.  What  is  not  needed  for  the  use  of 
tiie  nation  or  individual  owning  the  gift  must  be  offered  on  reasonable 
terms  to  the  rest  of  mankind. 

3.  Nothing  must  be  wantonly  or  needlessly  destroyed. 

Fifth.  Wherever  a  useful  thing  is  not  furnished  by  nature  in  quan- 
tities sufficient  to  satisfy  the  desires  of  all,  and  will  be  exhausted 
unless  it  may  be  preserved  by  making  it  the  subject  of  property,  it 
must  be  made  the  subject  of  property. 

Vattel,  7th  Amer.  ed.  1849,  ch.  xviii,  sec.  203,  p.  98. 

Sec.  203.  Hitherto  we  have  considered  the  nation  merely  with  respect 
to  itself,  without  any  regard  to  the  country  it  possesses.  Let  us 
now  see  it  establishetl  in  a  country  which  becomes  its  own  property 
and  habitation.  The  earth  belongs  to  mankind  in  general;  destined 
by  the  Creator  to  be  their  common  habitation,  and  to  supply  them  with 

618 


<  1 
c  1 


614    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 


(I 


food,  they  all  possess  a  naturcal  right  to  inhabit  it,  and  to  derive  from 
it  whatever  is  necessary  tor  their  subsistence,  and  suitable  to  their 
wants.  But  when  the  human  race  became  extremely  multiplied,  the 
earth  was  no  longer  capable  of  furnishing  spontaneously,  and  without 
culture,  Hullicient  support  for  its  inh.ibitants;  neither  could  it  have 
received  proper  cultivation  from  wandering  tribes  of  men  continuing 
to  possess  it  in  common.  It  therefore  became  necessary  that  those 
tribes  should  fix  themselves  somewhere  and  appropriate  to  themselves 
portions  of  land,  in  order  that  they  might  without  being  disturbed  in 
their  labor,  or  disappointed  of  the  fruits  of  their  industry,  apply  them- 
selves to  render  those  lands  fertile,  and  thence  derive  their  subsistence. 
kSuch  must  have  been  the  origin  of  the  rights  of  property  and  dominion: 
and  it  was  a  suthcient  ground  to  justify  their  establishment.  Since 
their  introduction,  the  right  which  was  common  to  all  mankind  is  iudi 
vidually  restricted  to  what  each  lawfully  possesses. 

Caxjlfeild  Heron,  L.  L.  D.,  An  Introduction  to  the  History  of  Juris- 
prudence,  Bk.  I,  ch.  IV,  p.  71,  London,  1860. 

Property  is  the  right  of  using.  The  right  of  property  is  founded 
upon  its  subserviency  to  the  subsistence  and  well-being  of  mankind. 
The  institution  of  property  is  necessary  for  social  order.  The  exclusive 
appropriation  of  things  is  essential  for  the  full  enjoyment  of  them.  . . 
It  is  the  principal  foundation  of  social  improvement;  it  leads  to  the  cul- 
tivation of  the  earth,  the  institution  of  government,  the  establishment 
of  justice.  In  the  right  of  property  Bentham  includes  four  things: 
1.  The  right  of  occupation;  2.  The  right  of  excluding  others;  3.  The 
right  of  disposition;  4.  The  right  of  transmission. 

George  Bowyeb,  D.  C.  L.,  Commentaries  on  the  Constitutional  Law 
of  Enyland,  2d  ed.,  London,  1840,  p.  427. 

III.  The  third  primary  inherent  right  of  the  citizen  is  that  of  property, 
which  consists  in  the  free  use,  enjoyment  and  disposal  of  all  that  is  his, 
without  any  control  or  diminution,  save  by  the  law  of  the  land.  The 
institution  of  property,  that  is  to  say,  the  appropriation  to  particular 
persons  and  uses  of  things  which  were  given  by  (Jod  to  all  mankind, 
is  of  natural  law.  The  reason  of  this  is  not  diflflcult  to  discover,  for 
the  increase  of  mankind  must  soon  have  rendered  community  of  goods 
exceedingly  inconvenient  or  impossible  consistently  with  the  peace  of 
society;  and  indeed  by  far  the  greatest  number  of  things  cannot  be 
made  fully  subservient  to  the  use  of  mankind  in  the  most  beneficial 
nianner  unless  they  be  governed  by  the  laws  of  exclusive  appropriation. 

De  Bayneval,  Institutions  du  Droit  de  la  Nature  et  des  Gens,  ed.  1803, 
sect.  2,  p.  90. 

Property  did  not  exist  iu  the  primitive  state  of  the  world,  and  it  is 
no  more  inherent  in  human  nature  than  heredity.  Originally  men  did 
not  possess  more  than  the  animals  possess  to-day.  The  eartii  was 
common  to  all  and  belonged  to  no  one.  When  agricxdture  became 
necessary  for  the  sustenance  of  man,  each  was  partial  naturally  to  the 
earth  wliich  he  had  cleared  by  the  sweat  of  his  brow,  and  which  ottered 
him  the  fruit  and  the  recompense  of  his  labor;  whence  the  first  idea  of 
preservation  and  property;  whence  also,  the  quarrels  which  the  exclu- 
sive right  must  have  caused  upon  the  ground  that  it  was  invoked  for 
the  first  time.  These  quarrels  must  have«tinally  led  to  compromises; 
these  compromises  iutroduced  the  right  to  enjoy  exclusively  the  land 


OMISTS. 


CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS.   615 


derive  from 
able  to  their 
ultiplied,  the 

and  without 
oiild  it  have 
n  continuing 
■y  tliat  those 
o  themselves 
disturbed  in 
,  apply  them- 

subsistence. 
id  dominion: 
nent.  Since 
kind  is  indi 


ory  of  Juris 

^  is  founded 
of  mankind, 
^he  exclusive 
t  of  them.  .  . 
Is  to  the  cid- 
stablishment 
four  things: 
hers;  3.  The 


utional  Law 

; of  property, 
II  that  is  his, 
i  laud.  The 
;o  particular 
ill  mankind, 
discover,  for 
lity  of  goods 
the  peace  of 
8  cannot  be 
st  beneficial 
propriatiou. 

?n«,  ed.  1803, 

■Id,  and  it  is 
lily  men  did 
i  eartii  was 
ure  became 
irally  to  the 
hich  ottered 
first  idea  of 
h  the  exclu- 
invoked  for 
mpromises; 
ly  the  land 


which  each  had  cleared  and  cultivated,  and  this  is  the  most  reasonable 
origin  of  property.  It  was  introduced  for  the  maintenance  of  i)eace 
among  men.    It  is  the  principle  of  their  union  and  social  order. 

T.  Rutherford,  Inatitutes  of  Natural  Law,  1799,  3d  ed.,  pp.  56-59 
and  p.  93,  sec.  4,  5,  chap,  iv,  aud  sec.  0,  chap.  v. 

IV.  Such  a  community  of  goods  as  we  have  been  si)eakii)g'  of,  would 
necessarily  become  inconvenient,  as  the  wants  of  mankind  increased, 
and  as  the  love  of  justice  andequity  decayed  amongst  them.  The  wants 
of  mankind  were  increased  by  polishing  their  manners,  and  by  intro- 
ducing amongst  them  a  civilized  and  elegant  way  of  living.  Savages 
who  would  be  contented  to  live  in  caves,  to  clothe  themselves  with  bark 
or  skins,  and  to  feed  upon  nuts  and  acorns,  or  such  other  fruits  as  the 
earth  produces  without  much  culture,  would  have  but  few  wants,  and 
these  wants  would  be  easily  supplied.  But  when  men  are  civilized  and 
improved  in  tiieir  way  of  living,  they  must  have  convenient  houses, 
useful  furniture,  warm  and  clean  clothing,  and  their  food  must  be  pre- 
pared and  dressed  for  them  before  they  can  eat  it.  This  increaseof  wants 
arising  from  acivilized  and  improved  way  of  living  would  not  be  perceived, 
if  nature  furnished  us  with  as  plentiful  a  supply  for  these  wants  as  for 
the  ordinary  wants  of  a  savage;  but  materials  to  supply  such  wants  as 
these  are  not  to  be  met  with  everywhere;  nature  has  given  us  some  of 
them  so  sparingly,  that  it  requires  much  industry  to  collect  them;  and 
even  tiiose  which  are  collected  most  readily,  are  not  fit  for  use  till  they 
are  improved  and  manufactured  with  much  art  and  labour;  so  that  even 
in  these  instances,  where  materials  are  plentiful,  provisions  would  be 
scarce,  if  there  were  not  able  heads  to  contrive,  and  a  number  of  hands 
to  work. 

But  tho  increase  of  numbers  will  be  an  additional  increase  of  the 
wants  of  mankind.  Whatever  way  of  life  they  may  be  in,  the  greater 
their  numbers  are,  the  greater  plenty  of  provisions  they  will  have  occa- 
sion for.  The  same  quantity  of  materials,  or  the  same  improvements 
which  would  produce  plenty  if  there  but  few  men  to  consume  M'hat  is 
provided,  would  be  too  scanty  to  supply  the  demands  of  a  multitude. 
When  the  wants  of  mankind,  compared  with  the  provisions  for  supply- 
ing them  were  thus  increased,  it  would  become  not  only  inconvenient, 
but  inconsistent,  too,  with  their  peace  and  quiet,  to  continue  joint  part- 
ners of  all  things,  as  of  a  common  stock  belonging  equally  to  all.  For 
when  the  svants  of  them  all,  in  such  a  scarcity  of  iirovisions,  could  not 
be  supplied  at  once;  when  more  men  came  at  the  same  time  to  have 
occasion  for  the  same  thing,  which  could  not,  however,  answer  the  pur- 
poses of  more  than  one  of  them ;  in  such  a  state  of  community,  where 
each  has  the  same  claim  to  what  all  of  them  want,  and  but  one  of  them 
can  enjoy,  disputes  and  quarrels  would  be  endless. 

This  inconvenience  would  become  more  pressing,  if  mankind  failed 
in  the  practice  of  equity  and  benevolence  towards  one  another.  Few 
would  be  willing  to  labour  for  the  improvement  of  a  common  stock, 
where  others  are  to  enjoy  in  common  with  themselves  the  produce  of 
their  contrivance  and  industry;  and  few,  even  of  them,  who  were  least 
able  or  least  inclined  to  work,  would  be  willing  to  take  up  with  the  rude 
and  uncultivated  supplies  of  nature,  or  be  contented  to  use  and  enjoy 
nothing  b 't  what  they  had  cultivated  and  improved  themselves.  Thus, 
on  the  one  hand,  the  want  of  such  benevolence  as  might  incline  us  to 
labour  for  the  good  of  the  species,  and  on  the  other  hand,  the  want  of 
suoh  equity  as  might  dispose  us  to  be  satisfied  with  fruits  of  our  own 


616    CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS. 


industry,  would  increase  those  disputes  and  quarrels  which  a  scarcity 
of  provisions  had  begun. 

v.  The  most  effectual  way  of  securing  the  peace  of  mankind  in  these 
circumHtauces  is  by  introducing  an  exclusive  property.  As  by  this 
means  the  extent  of  each  person's  claim  is  ascertained,  and  the  p<ar- 
ticular  share  out  of  the  general  stock  which  belongs  to  him  is  settled, 
he  can  have  no  just  grounds  for  quarelling  with  others,  for  taking  more 
than  they  ought  to  have,  whilst  they  let  his  property  alone:  and  they, 
on  the  other  hand,  can  have  no  pretence  to  hinder  hi>n  from  using  and 
enjoying  what  he  has  a  right  to  use  and  enjoy,  exclusive  of  them.  If 
his  share  is  large  enough  to  supply  him  with  the  conveniences  and 
elegancies  of  life,  those  who  are  more  scantily  supplied,  have  no  just 
reason  to  comi>lain  that  they  are  injured;  and  if  the  share  which  is 
allotted  to  him  out  of  the  general  stock  will  afford  him  no  more  than 
the  necessaries  of  life,  he  must  content  himself  as  well  as  he  can,  with 
this  small  provision,  because  he  knows  that  he  can  claim  no  more.  This, 
then,  is  one  advantage  of  an  exclusive  right  above  a  community  of 
goods,  that,  though  it  may  sometimes  be  a  question  amongst  several 
claimants,  which  of  them  has  the  right,  yet,  these  questions  will  seldom 
arise,  and  even  when  they  do  arise,  they  will  admit  of  a  decision.  No 
two  persons  can  have  full  projjcrty  in  the  same  thing,  because  the 
property  of  one  effectually  excludes  the  claim  of  the  other.  Whereas 
in  a  state  of  community  where  all  have  an  equal  right  to  the  same 
thing,  it  would  be  a  continual  question,  which  claimant  should  use  or 
enjoy  tlie  matter  in  dispute;  nor  could  such  a  question  be  easily  decided, 
because  neither  of  the  claimants  could  set  forth  such  a  right  as  would 
effectually  overrule  the  pretensions  of  his  competitor. 

But  there  is,  besides  this,  another  considerable  advantage  arising 
from  the  introducti(m  of  property:  Such  an  exclusive  right  assigns  to 
each  person  the  part  or  materials  in  which  he  is  to  labour,  and  makes 
the  improvements  produced  by  his  art  and  industry  entirely  his  own. 
Men  will  be  more  ready  to  make  imi)rovements  when  they  are  morally 
sure  of  enjoying  them,  than  they  would  be,  if  others  who  are  unwilling 
to  work  had  any  claim  upon  the  fruits  of  their  labour.  These  seem  to 
be  the  reasons  which  determined  mankind  to  change  their  right  to 
things  from  a  common  claim,  which  belonged  to  all  alike,  into  an  exclu- 
sive claim  of  particular  property. 

It  may  seem  strange  that  we  should  enquire,  whether  all  mankind 
can  in  any  circumstances  or  in  any  instances  claim,  of  common  right,  to 
make  use  of  such  things  as  are  ai)proi)riated  to  particular  persons. 
For  since  property  is  an  exclusive  right  to  the  things  appropriated,  it 
seems  to  have  Avholly  superseded  these  common  claims  of  mankind. 
We  shall  however  find  ui)on  enquiry,  that  the  fact  is  otherwise;  and 
that  in  some  circumstances  our  connnou  right  to  the  use  of  things 
remains,  even  after  those  things  have  been  appropriated,  and  have 
their  distinct  and  respective  owners. 

Grotius  maintains  that  there  are  two  instances  of  such  a  common 
claim;  the  first  he  calls  the  right  of  extreme  necessity;  the  latter  the 
riglit  of  harmless  profit.  In  support  of  the  right  of  extreme  necessity 
we  may  urge  with  liim,  that  when  mankind  first  agreed  to  divide  the 
common  stock  amongst  them;  or  when  afterwards  they  suffered  any 
one  to  acquire  property  by  occupancy,  if  they  had  been  asked  whether 
they  consented  so  effectually  to  exclude  themselves  from  what  they 
agreed  to  appropriate  as  never  to  claim  any  use  of  it,  even  though  it 
should  be  absolutely  necessary  to  their  own  preservation,  it  is  most 
likely  they  would  have  answered,  that  they  intended  no  such  thing,  but 


MISTS. 


CITATIONS  PROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.    617 


li  a  scarcity 

ind  in  tueso 
As  by  this 
lid  tbe  par- 
ti is  settled, 
akiug  more 
:  and  they, 
1  nsing  and 
f  them.  If 
iences  and 
tve  no  just 
re  which  is 
more  than 
e  can,  with 
ore.  This, 
imunity  of 
^st  several 
will  seldom 
vision.  No 
ecause  the 
Whereas 
)  the  same 
nld  use  or 
ly  decided, 
t  as  would 

ge  arising 
assigns  to 
find  makes 
y  his  own. 
re  morally 
!  unwilling 
se  seem  to 
r  right  to 
)  an  exclu- 

I  mankind 
>n  right,  to 
r  persons, 
priated,  it 

mankind, 
wise;  and 

of  things 
and  have 

a  common 
latter  the 
necessity 
livide  the 
rered  any 
1  whether 
rhat  they 
though  it 
t  is  most 
bhing,  but 


agreed  to  the  introduction  of  property  for  the  convenience  of  all,  and 
not  for  tbe  destruction  of  any.  And  since  the  claim  which  the  pro- 
prietor of  a  thing  has  to  it  depends  upon  the  consent  of  mankind,  this 
claim  must  be  subject  to  all  the  limitations  which  they  designed  to  lay  it 
under,  and  can  extend  no  farther  than  they  designed  it  should  extend. 

We  may  urge  in  support  of  the  same  right  of  extreme  necessity  that 
no  compact,  either  express  or  tacit,  could  so  introduce  property  as  to  be 
binding  without  such  a  limitation.  For  since  the  right  which  a  man 
has  to  his  life  is  unalienable,  as  will  appear  hereafter,  he  cannot  alienate 
the  natural  right  which  he  has  to  the  necessary  means  of  his  own  pres- 
ervation. However,  therefore,  mankind  may  have  consented  that  par- 
ticular things  should  be  possessed  in  property  by  particular  persons; 
yet  in  whatever  resi>ect  such  things  become  absolutely  necessary  for 
the  preservation  of  individuals,  they  still  continue  in  common.  So  that 
extreme  necessity  sets  property  aside,  or  makes  it  lawful  for  persons 
who  labor  under  such  necessity,  to  use  those  things  in  which  others 
have  property  as  if  the  things  were  still  in  common.  Thus,  where  a 
man  must  have  starved  otherwise,  it  is  naturally  no  theft  if  he  takes 
victuals  which  is  uot  his  own ;  becjiuse,  though  the  owner  of  what  is 
so  taken  has,  in  respect  of  all  other  men,  an  exclusive  right  in  it,  he 
has  no  such  right  in  respect  of  the  necessitous  person.  You  m^y  say, 
indeed,  that  it  is  not  the  property  of  the  poor  man  who  takes  it;  which 
we  readily  allow.  But  then,  we  contend  that,  in  respect  of  him,  it  is 
not  the  property  of  the  person  from  whom  he  takes  it.  If  it  was  you 
might  easily  prove  this  act  to  be  theft  unless  the  owner  consented 
to  his  taking  it;  because  theft  consists  in  taking  aw.ay  the  property  of 
another  without  his  consent.  But  you  should  observe  that  where  there 
is  no  property  there  can  be  no  theft.  And  if,  in  order  to  prove  the  poor 
man's  act  to  be  theft  you  will  assume  that  the  person  from  whom  the 
thing  is  taken  has  property  in  it,  you  either  take  the  matter  in  question 
for  granted,  or  else  you  are  guilty  of  a  fallacy.  If,  when  you  assume 
that  the  person  from  whom  the  thing  is  taken  has  property  in  it,  you 
mean  that  he  has  property  in  respect  of  the  poor  man ;  or  that,  as  the 
owner  has  a  right  to  exclude  all  others  from  the  use  of  the  thing,  so  he 
has  likewise  the  same  right  to  exclude  him,  you  take  the  matter  in 
question  for  granted.  But  if  when  you  assume  this  in  general,  you 
mean  only  that  he  has  property  in  respect  of  all  others,  you  are  guilty 
of  a  fallacy;  you  have  more  in  your  conclusion  than  is  contained  in 
your  premises ;  you  assume  only  that  he  has  property  in  respect  of 
some,  and  conclude,  as  if  he  had  property  in  respect  of  all. 

To  this  head  we  may  likewise  refer  the  right,  which  we  have  in  case 
of  fire,  to  pull  down  our  neighbor's  house  in  order  to  preserve  our  own ; 
the  right  which  we  have  to  cut  the  nets  or  cables  of  another  man  when 
our  own  boat  is  entangled  with  them,  and  must  otherwise  sink ;  the 
obligation  on  ship-board  which  each  person  is  under,  in  a  scarcity  of 
provisions,  to  bring  out  his  own  stock  and  to  leave  it  in  common ;  the 
right  which,  in  a  storm,  all  who  are  on  board  have  to  demand  that  each 
person  shall  throw  so  many  of  his  goods  into  the  sea  as  would  over- 
burden the  ship;  and  lastly,  the  right  which  a  nation  at  war  h.is  to 
seize  upon  and.  garrison  a  place  of  strength  in  a  neutral  country,  when 
it  is  morally  certain  that  the  enemy  would  otherwise  get  possession  of 
it,  and  by  that  means  be  enabled  to  do  them  irreparable  damage.  For 
though,  in  some  of  these  instances,  the  preservation  of  life  may  seem 
not  to  be  immediately  concerned,  yet,  at  least  the  reason  upon  whicn 
Grotius  supports  the  right  of  extreme  necessity  is  applicable  to  all  of 
them.    It  is  uot  probable  that  mankind  when  they  consented  to  iutro- 


618    CITATIONS  PROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

(luce  property,  should  desipii  to  cxteiul  tliat  claim  to  v;\8o.h  wlierein 
such  an  exclusive  right  would  force  tbeni  to  sutler  what  is  beyond  the 
ordinary  patience  of  human  nature. 

ruPFENDORF,  Vruatc  Property  springs  from  the  Tntercst  of  Peace  nnd 
Civilizatiofi,  Bk.  IV,  eh.  iv,  sec.  14,  p.  877,  London,  1741>.  (Knglish 
trans.) 

Inasmuch  as  a  social  life  is  the  very  foundation  of  a  natural  law,  and 
since  it  is  at  the  same  time  sulliciently  evident  fiom  the  temper  and 
genius  of  mai.kind  that  in  a  great  multitude  where  all  join  their 
endeavors  towards  improving  life  with  various  inventions,  the  peace 
and  beauty  of  society  could  not  be  kept  ui>  without  distinct  dominions 
of  things,  such  dominions  were  therefore  settled  and  this  very  rightly 
an<l  agreeably  to  the  aim  of  nature's  laws,  human  affairs  plainly  requir- 
ing it  to  be  done. 

Ihul,  Bk.  IV,  (!h.  V,  p.  378. 

We  .are  in  the  next  place  to  inquire  into  the  object  of  property,  or  to 
examine  what  things  are  capable  of  coming  under  that  condition.  Now 
to  give  a  thing  this  capacity  we  judge  these  two  qualitications  to  be 
necessary. 

Firxt.  That  it  be  able  to  afford  some  use  to  men  mediately  or  imme- 
diately; by  itself  or  by  its  connection  with  somewhat  else:  and 

SecomUy.  That  it  be  somewsiy  or  other  so  far  uiuler  the  power  of  men, 
as  that  they  may  take  possession  of  it  and  keep  it  for  their  occasions. 
And  further,  since  property  im)>lies  a  right  of  excluding  others  from 
your  possession,  without  which  right  would  be  altogetiu'r  insignificant 
if  it  could  not  be  eftectually  exercised  ;  it  would  be  in  vain  for  you  to 
claim  that  as  your  own  which  you  can  by  no  means  hinder  others  from 
sharing  with  you. 

II.  Yet  some  things  there  are  which  though  very  beneficial  to  man- 
kind, yet  by  reason  of  their  vast  extent  are  inexhaustible,  so  that  all 
may  enjoy  them  together  and  yet  no  man  sutter  in  his  particular  use. 
To  appropriate  things  of  this  nature  would  be  malicious  and  inhuman; 
and  on  this  account  it  is  usual  to  attribute  an  exemption  from  property 
to  the  light  and  heat  of  the  sun,  to  the  air,  to  running  water,  and  the 
like. 


Page  379. 

III.  We  are  likewise  to  observe  that  as  the  substances  of  those  things 
which  men  have  dominion  over,  are  composed  of  difterent  kinds  of 
matter,  so  each  thing  is  taken  and  possessed  in  that  way  which  the 
condition  of  its  nature  admits.  For  the  more  closely  anything  can  be 
confined  and  as  it  were  shut  up,  the  more  easily  will  it  produce  the 
effects  of  property  against  the  claims  of  others;  and  consequently  the 
more  capable  a  thing  is  of  being  guarded  from  unjust  invaders,  the 
greater  security  we  promise  ourselves  in  the  property  of  it.  Yet,  as  we 
are  not  immediately  to  conclude  a  thing  exempt  from  property  because 
it  cannot,  without  some  trouble  be  kept  from  other  hands,  so,  in  case 
a  thing  be  in  so  wide  a  manner  spread  and  diffused  as  that  either  it  is 
iftorally  impossible  it  should  fall  under  any  method  of  keeping,  or  that 
it  cannot  be  kept  without  much  greater  charges  than  the  fruits  and 
advantages  of  it  would  countervail,  it  is  not  to  be  supposed  that  any 


ISTS. 

8  wlierein 
«yond  the 


Peace  and 
(Hiiglish 

1  law,  and 
luper  and 
join  their 
tbo  peace 
iluniinions 
ry  riglitly 
ily  lequir- 


Jrty,  or  to 
ion.  Now 
0118  to  be 

or  ini  me- 
nd 

er  of  men, 
iHTasions. 
liers  from 
ignificant 
for  yon  to 
hers  from 


il  to  man- 
0  that  all 
Rular  use. 
inhuman; 
l)roi)erty 
',  and  the 


•se  things 
kinds  of 
<fhich  the 
ig  can  be 
duce  the 
ently  the 
ders,  the 
et,  as  we 
'  because 
•,  in  case 
ther  it  is 
:,  or  that 
uits  and 
that  any 


CITATIONS  FROM  WRITINGS  OF  JITRI8T8  AND  ECONOMISTS.    619 

person  desires  to  fix  a  property  which  can  bring  liini  nothing  but  bur- 
tht'n  an<l  expense  in  defending  it;  though  to  render  a  thing  capable  of 
being  appropriated  it  is  not  strictly  necessary  that  we  should  inchme 
it,  or  be  able  to  irclose  it  within  artificial  bounds,  or  such  as  are  dit!'er- 
ent  from  its  own  substance;  it  is  sufl<<;ient  if  the  compass  and  extent 
of  it  can  be  any  way  determined. 

Ihid,  Vol.  II,  ed.  17LM),  Bk.  IV,  ch.  V,  sec.  12,  p.  370.    (English  transla- 
tion.) 

There  are  things  which  as  they  afford  us  different  uses  nniy  in  regard 
to  some  uses  be  spent  and  exhausted,  and  yet  in  reganl  t(»  otiier  uses 
yield  a  never-failing  abundance.  Now  as  on  the  one  side  tiiere  is  no 
reason  why  such  things  as  those  should  not  be  brought  under  i)roperty, 
so,  (m  the  other  side,  the  law  of  kindness  an<l  hunnmity  forbids  us  to 
deny  tlie  inexhaustible  use  of  them  to  any  person  that  iu  a  friendly 
and  peaceable  manner  desires  it. 

Sheldon  Amos,  A  Systematic  View  of  the  ScieHce  of  Jurisitrudence 
London,  1872,  ch.  x,  p.  122. 

It  is  scarcely  possible  to  picture  a  condition  of  human  life  in  which 
the  fact  of  ownership  is  not  even  dimly  and  imi)erfectly  recognized. 
In  the  most  barbarous  condition  it  seems  to  be  essential  to  tlie  possi- 
bility of  preserving  human  life  that  there  should  be  found  a  i)revalent 
acknowledgment  of  the  claims  of  individual  persons  to  enjoy  the  undis- 
turbed use  of  the  materials  they  need  for  their  support ;  of  the  weapons 
wanted  for  defence  against  beasts  of  prey,  and  of  the  instruments  re- 
ijulred  for  providing  these  nmterials  and  weapons  It  is  true,  also,  that 
this  dawning  fact  of  ownership  expresses  something  more  than  a  mere 
condition  i)recedent  to  m.aterial  progress,  though  the  fact  owes  its  most 
conspicuous  development  to  the  obvious  convenience  of  enforcing  and 
extending  proprietary  claims  iu  such  a  way  as  to  encourage  agriculture 
by  cherishing  a  habit  of  reliance  on  the  future  fruits  of  present  labor; 
to  favour  the  division  of  labour;  and  to  promote  the  ]>racti<'es  of  self- 
restraint,  of  saving,  and  of  continuous  accunmlation,  apart  from  which 
industry  and  commerce  could  never  advance  beyond  an  embryonic 
stage.  The  fact  of  ownership,  however,  beyond  all  this,  has  its  exact 
correlative  in  the  dignity  and  independence  of  the  human  8i)irit  itself. 
It  represents  and  enforces  by  an  objective  symbolism  in  the  world  with- 
out the  true  relation  in  which  man  ever  stands  to  his  fellows;  at  every 
moment  of  his  career  he  is  called  upon  to  abstain  from  intruding  upon 
the  realm  of  unfettered  action  within  which  each  one  of  his  fellows 
moves  at  large.  Each  of  these,  also,  is  called  by  an  equally  peremptory 
mandate  to  display  the  like  abstinence  in  respect  of  him.  The  phys- 
ical objects  around,  the  soil,  the  streams,  the  products  of  the  mines,  the 
beasts  of  the  field,  and  especially  all  things  wrought  or  changed  by 
human  hands  i)reseut  the  earliest,  and  at  one  epoch,  the  only  materi.als 
on  behalf  of  which  the  competitive  and  endless  spiritual  struggle  cease- 
lessly rages.  It  is  only  at  the  last  climax  of  civilization  that  the  truth 
begins  to  be  apprehended,  that  the  only  justification  of  proprietary 
claim  is  a  special  call  to  a  more  devoted  and  concentrated  service  on 
behalf  of  those  who  do  not  share  iu  it.  Between  this  Isist  and  the 
primitive  epoch  mankind  passes  with  respect  to  the  fact  of  ownership 
through  all  the  vicissitudes  of  (1)  simple  occupation,  (2)  rude  rivalry, 
(3)  tolerated  privilege,  (4)  selfish  absorption,  (5)  sharp  legal  distribu- 
tion, (G)  revolutionary  communism,  terminating  finally  in  the  last  stage 
of,  (7)  appropriation  recognized  solely  as  a  trust  for  humanity. 


620    (ITATIONH  FROM  WBITIUGS  OF  JURISTS  AND  ECONOMISTS. 

Pape  12H. 

Tlioi  kind  of  pliynicnl  appropriation  of  whi<!li  a  tliiiip  is  Hiisceptiblo 
«U>piMi(lH  on  the  constitution  and  qualitien  of  tlie  thiun  itself.  Tliin^H 
differ  from  each  other  in  wize,  durability,  mobility,  chemieal  and 
mechanical  Htructurc,  an  well  as  in  the  amount  of  demand  for  tlu^m 
aiisiu};  from  the  greater  or  lesH  quantity  of  them  that  is  ]>ro8eiit,  or 
from  their  {;rcatcr  or  less  serviceableness  for  the  ))ur))ose8  of  human 
life. 

1.  '•'■  NaturaV^  agenU  as  opposed  to  all  other  thinm.    As  owner- 

shi]>implieH  the  nseof  Home  things  by  oneormoro  persons  to  the  c\cluMi(m 
of  all  other  jtersons,  where  a  thing  habitually  exists  in  such  supera- 
bundant qiumtity  as  to  satisfy  the  utmost  possible  demands  of  every 
person  in  the  conuminity,  there  is  in  the  ease  of  that  tiling  no  occasion 
for  ownership.  Thus,  it  is  customary  to  say  that  air,  light,  and  the 
water  of  the  sea  are  generally  not  capable  of  being  owned.  Particular 
eiii'umstanees,  however,  may  limit  the,  abundance  and  theunlimited  suj)- 
))ly  of  any  of  these  things,  and  the  dense  and  struggling  life  of  modern 
cities  or  the  artificial  relations  of  modern  states  notoriously  impart  to 
«'\ery  one  of  them  in  some  of  their  forms  a  capacity  of  being  owned. 
l*'or  instance,  air  combined  with  combustible  compouiuls  taking  the 
form  of  what  is  (tailed  gas;  air  and  light,  regarded  as  essentials  to  the 
complete  enjoyment  of  other  things,  and  ca])ablo  of  being  obstructed 
by  the  interposition  of  other  things;  waters  of  the  sea  mainly  enclosed 
by  the  teriitory  of  a  state,  or  within  a  definite  distance  c  the  shore 
bordering  such  territory, — all  give  rise  to  rights,  duties  a  '  remedies 
of  exactly  the  same  nature  as  do  things  indisputably  capat-ii'  of  stri<!t 
legal  api)ropri€ation.  The  true  mode  of  distinguishing  things  capable 
of  ownershij)  from  all  other  things,  is  to  ascertain  whether  or  not  any 
benetit  can  be  <'onferred  by  law  upon  individual  persons  employing 
them  for  some  purpose  or  other,  by  protecting  them  against  the  inter- 
ference of  other  persons.  It  is  of  no  consefjuence  to  the  jurist  what 
the  iiurposo  is,  however  relevant  this  may  be  to  the  legislator  as  a 
guide  to  the  kind  of  Laws  he  shall  make.  It  is  of  no  consequence  a\  li.at 
are  the  kinds  of  remedies  which  the  legislator  shall  invent  in  order  to 
guard  the  free  and  undisturbed  employment  of  these  things.  Ac<!ident, 
no  doubt,  will,  from  time  to  time,  as  in  the  case  of  certain  animals,  of 
mineral  products,  and  of  other  heterogeneous  classes  of  objects  capri- 
ciously determine  their  capability  of  appropriation ;  but  the  above  prin- 
ciple will  always  reassert  itself,  and  this  is  the  only  principle  which  it 
is  possible  hen^  to  accept  as  a  permanent  and  efficacious  test. 

Page  131. 


The  very  earli 
easily  be  carried 
meats  and  rough 
that  in  the  chiel 
extended  the  lirs 
with  what  may  b 


I* 


t  things  owned  must  have  been  things  that  could 
om  place  to  place;  such  as  food,  arms,  dress  orna- 
q)lements  of  husbandry.  It  would  appear,  however, 
communities  to  which  research  has  been  hitherto 
existence  of  true  laws  of  ownership  is  associated 
called  the  systematizatiou  of  Family  life  and  with 
the  stability  of  au  agricultural  state  of  society.  It  is  only  at  a  far  later 
stage  that  the  individual  citizen  disengages  himself  from  the  family 
group,  and  becomes,  for  the  purpose  of  being  invested  with  and  pro- 
tected in  the  enjoyment  of  rights  of  ownership,  as  well  as  for  other 
purposes,  the  immediate  object  of  the  attention  of  the  legislator. 


8T8. 


isceptihlo 

lical  and 

for  tluim 

reneiit,  or 

>t'  huinaii 

V^s  owner- 

cxclii8ion 

I  supera- 

of  every 

(XM'ilSioil 

,  and  the 
'articular 
litodsu]!- 
f  modern 
impart  to 
g  owned, 
king  tbe 
da  to  the 
)stru('ted 
cncloNed 
he  tshoi-e 
remedies 
of  8tri<;t 
i  capable 
not  any 
iiploying 
he  inter- 
ist  wliat 
tor  as  a 
ice  w  hat 
order  to 
ccident, 
imals,  of 
ts  capri- 
>ve  ])rin- 
Nvhich  it 


it  could 
ss  oriia- 
owever, 
litherto 
5ociated 
lid  with 
ar  later 
family 
nd  pro- 
r  other 
r. 


CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS.   621 

Vattel,  Imw  of  yationHf  7th  Amer.  ed.  1S49,  sec.  80,  p.  .17. 

§  mi.  Nations  are  obliged  to  cultivate  the  home  trade, — th-st,  because  it 
is  clearly  demonstrated  from  the  law  of  nature,  tliat  mankind  ought 
mutually  to  assist  each  other,  and  an  far  au  in  their  power,  ttoutributo 
to  the  perfection  and  happiness  of  their  fellow-creatures;  whence  arises, 
after  the  introducti<»n  of  ]uivate  proi>erty,  t  ^e  obligation  to  resign  to 
others,  at  a  fair  price,  those  things  wliich  they  have  occasion  for,  and 
which  we  do  not  destine  for  our  own  use.  Secondly,  society  being 
established  with  the  view  that  each  may  procure  whatever  things  are 
necessary  to  his  own  perfection  and  happiness — and  a  home  trade  being 
the  means  of  obtaining  them — the  obligations  to  carry  on  and  improve 
this  trade  aie  derived  from  the  very  compact  on  which  the  society  was 
formed.  Finally,  being  advantageous  to  the  nation,  it  is  a  duty  the 
people  owe  to  themselves,  to  nnike  this  commerce  flourish. 

§  87.  I'^or  the  same  reason,  drawn  from  the  welfare  of  the  state, 
and  also  to  procure  for  the  citizens  everything  they  want,  a  nation  is 
obliged  to  promote  and  carry  on  a  foreign  trade.  Of  all  the  modern 
states,  England  is  most  distinguished  in  this  respect.  The  |tarliament 
have  their  eyes  constantly  lixed  on  this  important  object;  they  cttect- 
ually  protect  the  navigation  of  the  merchants,  and,  by  considerable 
bounties,  favor  the  exportation  of  superfluous  commodities  and  mer- 
chandises. In  a  very  sensible  production '  maybe  seen  the  valuable 
advantagi"  that  kingdom  has  derived  from  such  judicious  regulations. 

§  88.  Let  us  now  see  what  are  the  laws  of  nature  and  the  rights  of 
nations  in  respect  to  the  commerce  they  carry  on  with  each  other. 
l\Ien  are  obliged  mutually  to  assist  each  other  as  imwM  as  jjossible,  and 
to  contribute  to  the  perfection  and  happiness  of  their  fellow-creatures; 
whence  it  follows,  as  we  have  said  above,  that  after  the  introduction  of 
private  property,  it  became  a  duty  to  sell  to  each  other  at  a  fair  price 
what  the  possessor  himself  has  no  occasion  for,  and  what  is  necessary 
ft)  others;  because,  since  that  introduction  of  private  juojwjrty,  no  one 
can,  by  any  other  means,  procure  the  different  things  that  may  be 
necessary  or  useful  to  him,  and  calculated  to  render  life  pleasant  and 
agreeable.  Nor,  since  right  springs  from  obligation,  the  obligation 
which  we  have  just  established  gives  every  man  the  right  of  procuring 
the  things  he  wants,  by  purchasing  them  at  a  reasonable  price  from 
those  who  have  themselves  no  occasion  for  them. 

We  have  also  seen  that  men  could  not  free  themselves  from  the 
authority  of  the  laws  of  nature  by  uniting  in  civil  society,  and  that 
the  whole  nation  remains  equally  subject  to  those  laws  in  its  national 
capacity;  so  that  the  natural  and  necessary  law  of  nations  is  no  other 
than  the  law  of  nature  properly  applied  to  nations  or  sovereign  states, 
from  all  ^hich  it  follows  that  a  nation  has  a  right  to  procure,  at  an 
equitable  price,  whatever  articles  it  wants,  by  purchasing  them  of 
other  nations  who  have  no  occasion  for  them.  This  is  the  foundation 
of  the  right  of  commerce  between  different  nations,  and  in  particular, 
of  the  right  of  buying. 

Sergeant  Stephen's -Few'  Commentaries  on  the  Laws  of  England,  Vol. 
I,  Bk.  II,  pp.  159-165,  6th  ed.  1868. 

In  the  beginning  of  the  world,  as  we  are  informed  by  the  Holy  Writ, 
the  All  liountiful  Creator  gave  to  man  "  dominion  over  all  the  earth ;  and 
over  the  fish  of  the  sea,  and  over  the  fowls  of  the  air.  and  over  every 
living  thing  that  moveth  upon  the  earth". 


'  Keiuurks  on  the  Advantages  and  Disadvantages  of  France  and  Great  Britain  with 
respect  tu  Commerce.  .^ 


622    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 


Hence  the  earth  and  all  things  therein  are  the  general  ])roperty  of 
Jill  mankind,  exclusive  of  other  beings,  from  the  immediate  gift  of  "the 
Creator.  And  while  the  earth  continued  bare  of  inhabitants,  it  is  rea- 
sonable to  sni)i)ose  that  all  was  in  common  among  them,  and  that  every 
one  took  from  the  public  stock,  to  his  own  use,  such  tilings  as  his  inune- 
diate  necessities  reciuired. 

These  general  notions  of  property  were  tlien  sufficient  to  answer  nil 
the  purposes  of  human  life;  and  might  perhaps  still  have  answered 
them,  had  it  been  possible  for  mankind  to  have  remained  in  a  state  of 
])rimeval  simj)li('ity:  as  amy  be  collected  from  the  mannersof  many  Ameri- 
can nations  when  first  discovered  by  the  Europeans;  and  from  the 
ancient  method  of  living  amongthe  first  Karopeans  themselves,  if  we  may 
credit  eitlier  the  memorials  of  them  preserved  in  the  golden  age  of  the 
])()ets,  or  the  uniform  accounts  given  by  historians  of  tliose  times,  wherein 
erant  omnia  communia  et  indivisit  omnHms,  rclnti  tinitm  cimctis  imtri- 
Moninm  cssef.  Not  that  this  communion  of  goods  seems  ever  to  have 
been  applicable,  even  in  the  earliest  ages,  to  aught  but  the  substance  of 
tlie  thing;  nor  c  Id  it  be  extended  to  the  wse  of  it.  For,  by  the  law 
of  nature  and  reason,  he  who  first  began  to  use  it,  acquired  therein  a 
kind  of  transient  property,  that  lasted  so  long  as  he  was  using  it,  and 
no  longer;  or  to  speak  with  greater  precision,  the  riffht  of  possession 
continued  for  tlie  same  time  only  that  the  act  of  possession  lasted''. 
Tims  the  ground  was  in  common,  and  no  part  of  it  was  the  permanent 
property  of  any  nnm  in  particular;  yet  whoever  was  in  the  occupation  of 
any  determined  spot  of  it — for  rest,  for  shade,  or  thelilce, — acquired  for 
the  time  a  sort  of  ownership,  from  which  it  would  have  been  unjust  and 
contrary  to  the  liiw  of  nature,  to  have  driven  him  by  force:  Imt  the 
instant  that  he  quitted  the  use  or  occui)ation  of  it  another  might  seize 
it  without  injustice.  Thus  also  a  vine  or  other  tree  might  be  said  to  be 
in  common,  as  all  men  were  equally  entitled  to  its  produce;  and  yet  any 
l)rivate  individual  miglit  gain  the  sole  property  of  the  fruit  which  he  liad 
gatlien'd  for  his  own  repast.  A  doctrine  well  illustrated  by  Cicero,  who 
com])ares  the  world  to  a  great  tlieatre,  which  is  common  to  the  public, 
and  yet  the  place  which  any  man  has  taken  is,  for  the  tnne,  his  own, ' 

"Uut  wiicn  mankind  increased  in  number,  craft,  and  ambition,  it 
became  necessary  to  entertain  conceptions  of  more  ])ermanent  domin- 
ion, and  to  appropriate  to  individuals  not  the  immediate  nse  only,  but 
the  very  substance  of  the  thing  to  be  used.  Otherwise  innumerable 
tumults  must  have  arisen,  ar.J  ihe  good  order  of  the  world  been  con- 
tinually broken  and  disturbed,  while  a  variety  of  i)ersons  were  striving 
Avlio  shoulvl  get  the  first  occu])ati(ni  of  the  same  thing,  or  disputing 
Avhich  of  them  had  actually  gained  it.  As  human  life  also  grew  more 
and  more  retlned,  abundance  of  conveniences  were  devised  to  render 
it  more  easy,  commodious  and  agreeable;  as  habitations  for  shelter  and 
safety,  and  raiment  for  warmth  and  decency.  Hut  no  man  would  be  at 
the  trouble  to  provide  either  so  long  as  he  had  only  an  usufructuary 
property  in  them  which  was  to  cease  the  instant  that  he(|uitted  posses- 
sion; if,  as  soon  as  he  walked  out  of  his  tent,  or  pulled  off  his  garment, 
the  next  straiigei'  who  came  by  would  have  a  right  to  inhabit  the  one 
and  to  wear  the  other.  In  the  case  of  habitations  in  particular,  it  was 
natural  to  observe,  that  even  the  brute  creation  to  whom  everything 
else  was  in  common,  maintained  a  kind  of  permanent  property  in  their 

MuMtiu,  I,  43,  C.I. 
"-Jiiirhoyr.  Pufl'.  1.  J.c.t. 

'(^iiomii(lnio(liiin  tlieiitiiim  cniii  rommnnn  Bit,  rflctetameu  ilici  potest,  ejus  esse  eum 
locuu)  liuem  quisquo  occuparit.    Do  Fiu,  1  ii,  c.  20. 


ISTS. 

>ropeity  of 
gift  of  the 
i,  it  is  rea- 
that  every 
i  his  imme- 

aiisver  all 
answered 
a  state  of 
iiiyAmeri- 
froin  the 
,  if  we  may 
a.i;e  of  the 
IS,  wherein 
ctis  patri- 
er  to  have 
ibstance  of 
y  the  law 
therein  a 
ng  it,  and 
possession 
»n  lasted^ 
)ernianent 
upatioii  of 
quired  for 
uijust  and 
s:  but  the 
light  seize 
said  to  be 
id  yet  any 
ich  he  had 
icero,  wlio 
he  public, 
is  own.' 
ibitiou,  it 
lit  doiniii- 
oiily,  but 
uinerable 
been  con- 
Q  striving 
disputing 
rew  more 
to  render 
lelter  and 
>uld  be  at 
fruetuary 
sd  posses- 
garment, 
t  the  one 
11  r,  it  was 
erything 
y  in  their 


iseHseeum 


CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS.    623 

dwellings,  especially  for  the  protection  of  their  young;  that  the  birds 
of  the  air  had  nests,  and  the  beasts  of  the  field  had  caverns,  the  inva- 
sion of  which  they  esteemed  a  very  flagrant  injustice,  and  would  sacri- 
fice their  lives  to  preserve  them.  Hence  a  property  was  soouestaJjlished 
in  every  man's  house  and  homestall ;  which  seem  to  have  been  originally 
mere  temporary  huts  or  mov.ible  cabins,  suited  to  the  design  of  Provi- 
dence for  more  speedily  peopling  the  earth,  and  suited  to  the  wander- 
ing life  of  their  owners,  before  any  extensive  property  in  the  soil  or 
ground  was  established.  And  there  can  be  no  doubt  but  that  mova- 
bles of  every  kind  became  sooner  ai)propriattHl  than  the  permanent 
substantial  soil;  partly  because  they  were  more  susceptible  of  a  long 
occupancy,  which  might  be  continued  for  months  together  without  any 
sensible  interruption,  and  at  length  by  usage  ripen  into  an  established 
right;  but  i)rinci])ally  because  few  of  them  could  be  fit  for  use  till 
improved  and  meliorated  by  the  bodily  labour  of  the  occupant;  which 
bodily  labour,  bestowed  upon  any  subject  which  before  lay  in  common  to 
all  men,  is  universally  allowed  to  strengthen  very  materially,  the  title 
that  mere  occupancy  gives  to  an  exclusive  property  therein. 

The  article  of  food  was  a  more  immediate  call,  and  therefore  a  more 
early  consideration.  Such  as  were  not  contented  with  the  spontaneous 
product  of  the  earth,  sought  for  more  solid  refreshment  iu  the  fiesh  of 
beasts,  which  they  obtained  by  hunting.  But  the  frequent  disa]>point- 
ments  incident  to  that  method  of  provision  induced  them  to  gather 
together  such  animals  as  were  of  a  more  tame  and  sequacious  nature; 
and  to  establish  a  permanent  property  in  their  fiocks  and  herds,  in 
order  to  sustain  themselves  in  a  less  precarious  manner,  partly  by  the 
milk  of  the  daiiis,  and  partly  by  the  fiesh  of  the  young.  The  support 
of  these  their  cattle  made  the  article  of  water  also  a  very  important 
l)oint.  And  therefore  the  ]»ook  of  Genesis  (the  most  venerable  monu- 
ment of  antiquity,  considered  merely  with  a  view  to  history)  will  fur- 
nish us  with  frequent  instances  of  violent  contentions  concerning  wells, 
the  exclusive  jnoperty  of  which  appears  to  have  been  established  in  tiie 
first  digger  or  occu]>ant,  even  in  such  jdaees  where  the  ground  and 
herbage  remained  yet  in  common.  Thus  we  find  Abraham,  who  was 
but  a  sojourner,  asserting  his  right  to  a  well  in  the  country  of  Abimelech 
and  exactirg  an  oath  for  his  security,  "because  he  had  digged  that 
well'".  And  Isaac,  about  ninety  years  afterwards,  reclaimed  this,  his 
father's  proi)erty,  and  after  much  contention  with  the  Philistines,  was 
suflered  to  enjoy  it  in  jieace-'. 

All  this  time  the  soil  an<l  pasture  of  the  earth  remained  still  iu  com 
mon  as  before,  and  open  to  every  occupant;  except  perhai>s  in  the 
neighbourhood  of  towns,  where  the  necessity  of  a  sole  and  exclusive 
prop>^rty  in  lands  (f(U"  the  sake  of  agriculture)  was  earlier  felt,  and 
therefore  more  readily  complied  with.  Otherwise,  when  the  multitude 
of  men  and  cattle  had  consumed  every  convenience  on  one  spot  of 
ground,  it  was  deemed  a  natural  right  to  seize  ujjou  and  occupy  such 
other  lauds  as  would  more  easily  sui)ply  their  necessities.  This  prac 
ticeis  still  retained  among  the  wild  and  uncultivated  nations  that  have 
never  been  formed  into  civil  states,  like  the  Tartars  and  others  in  the 
east;  where  the  climate  itself  and  the  boundless  extent  of  their  territory 
conspire  to  retain  them  still  in  thesamcsavagestateof  vagrant  liberty, 
which  was  universal  in  the  earliest  ages;  and  which,  Tacitus  informs 
us,  continued  among  the  (lermaus  till   the  decline  of  the   lioman 


'GoneHiti,  x\i,  30. 


^Oeuesis,  xxvi,  15,  IS,  etc. 


illOSt  * 


624    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

Empire'.  We  have  also  a  striking  example  of  the  same  kind  in  the  his- 
tory Abraha)'!  and  his  nephew  Lot^.  When  their  joint  substance  became 
so  great  that  i>a8ture  and  other  conveniences  grew  scarce,  the  natural 
conse<iuence  was  that  a  strife  arose  between  their  servants;  so  that  it 
was  no  longer  practicable  to  dwell  together.  This  contention  Abraham 
thus  endeavored  to  compose:  "Let  there  be  no  strife,  I  pray  thee, 
between,  thee  and  me.  Is  not  the  whole  land  before  thee?  Separate 
thyself,  I  pr.ay  thee,  from  me.  If  thou  will  take  the  left  hand,  then  I 
will  go  to  the  right;  or  if  thou  depart  to  the  riglit  hand,  then  1  will  go 
to  the  left".  This  plainly  implies  an  acknowledged  right  in  either  to 
oc(!ui)y  wliatever  ground  he  pleased  that  was  not  lueoccupied  by  other 
tribes.  "  And  Lot  lifted  up  his  eyes  and  beheld  all  the  plain  of  Jordan, 
that  it  was  well  watered  every  where,  even  as  the  garden  of  the  Lord. 
Then  Lot  chose  him  all  the  plain  of  .Jordan,  and  Journeyed  east;  and 
Abraham  dwelt  in  the  land  of  Canaan". 

U|»on  the  same  principle  was  founded  the  right  of  migration,  or 
sending  colonies  to  find  out  new  habitations,  when  the  mother  country 
was  over  charged  with  inhabitants,  which  was  practiced  as  well  by  the 
rheiiicians  and  Greeks,  as  the  (lermans,  Scythians  and  other  northern 
people.  And  so  long  as  it  was  confined  to  the  stocking  and  cultivation 
of  (iesert,  uninhabited  countries,  it  kejit  strictly  within  the  limits  of 
the  law  of  nature.  But  how  far  tlie  seiicing  on  countries  already 
l)eopled,  and  driving  out  or  massacring  the  Innocent  and  defenceless 
natives,  merely  because  they  differed  from  their  invaders  in  language, 
in  religion,  in  customs,  in  government  or  in  colour;  how  far  such  a 
condu(!t  was  consoimnt  to  nature,  to  reason  or  to  Christianity,  deserved 
well  to  be  considered  by  those  who  have  rendered  their  names  immor- 
tal by  thus  civilizing  mankind. 

As  the  workl  by  (legrees  grew  more  populous,  it  daily  became  more 
ditlicult  to  find  out  new  spots  to  inhabit,  without  encroaching  upon 
former  occui)ants;  iind  by  constantly  occupying  the  san»e  individual 
si)<)t,  the  fruits  of  the  earth  were  <'onsumed,  and  its  spontaneous  pro- 
dace  destroyed,  witiiout  any  provision  for  a  future  supply  or  succes- 
sion. It  therefore  became  necessary  to  pursue  some  regular  method  of 
providing  a  constant  subsistence;  and  this  necessity  produced,  or  at 
least  ])romoted  and  encouraged,  the  art  of  agriculture.  And  the  art  of 
agriculture,  by  a  regular  connection  and  consecjuence,  introduced  and 
established  the  idea  of  a  more  permanent  property  in  the  soil  tlian  had 
hitherto  been  received  and  adopted.  It  was  clear  that  the  earth  would 
not  pioduce  her  fruits  in  sutticient  qcantities  w^ithout  the  assistance  of 
tillage;  but  who  would  be  at  the  pai  is  of  tilling  it  if  another  might 
watch  an  o])i)ortunity  to  seize  upon  and  enjoy  tlie  product  of  his  in- 
dustry, art  and  labour?  Had  not,  tlierefoi'e,  a  separate  property  in 
lands  as  well  iis  movables  been  vested  in  some  individuals,  the  world 
nnist  have  continued  a  forest,  and  men  have  been  mere  animals  of 
prey;  whicli,  according  to  some  phihtsophers,  is  the  genuine  state  of 
nature.  Wheieas  now  (so  graciously  has  Providence  interwoven  our 
duty  and  our  hapi)iness  together,)  the  result  of  this  very  necessity  has 
been  the  ennobling  of  the  hunum  species,  by  giving  it  opportunities  of 
improving  its  rational  faculties,  as  well  as  of  exerting  its  natural. 
Necessity  begat  ]>roperty;  and  in  (U-der  to  ensure  that  property, 
rei  ourse  was  had  to  civil  society,  which  brought  .along  with  it  a  long 
train  of  inseparable  concomitants;  states,  governments,  laws,  punish- 


I'Toliiiit  (liscroti  ot  diversi;  ut  foiis,  nt  civiupiis,  iit  nemun,  placuit."    Ue  Mor. 
Gcr.  l(i. 


MISTS. 

d  in  the  his- 
aiice  became 
the  natural 
^ ;  so  that  it 
on  Abraham 
^  pray  thee, 
?  Separate 
land,  then  I 
len  I  will  go 
in  either  to 
ied  by  other 
n  of  Jordan, 
of  the  Lord, 
sd  east;  and 

igration,  or 
bher  country 
s  well  by  the 
lier  northern 
:l  cultivation 
:he  limits  of 
lies  already 
defenceless 
in  language, 
^  far  such  a 
ty,  deserved 
iimes  immor- 

•ecame  more 
itching  upon 
e  individual 
ta neons  pro- 
y  or  succes- 
ar  method  of 
duced,  or  at 
nd  the  art  of 
I'oduced  and 
3oil  than  had 
'  earth  would 
assistance  of 
lothor  might 
ict  of  his  in- 
I  property  in 
s,  the  world 
>  animals  of 
line  state  of 
terwoven  our 
lecessity  has 
xn-tunities  of 
its  natural. 
iit  property, 
rith  it  a  long 
aws,  punish- 

uit."    De  Mor. 


CITATIONS  PROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.    625 

ments,  and  the  public  exercise  of  religious  duties.  Thus  connected 
together  it  was  found  that  a  part  only  of  society  was  sutHcient  to  pro- 
vide, by  their  manual  labour,  for  the  necessary  subsistence  of  all;  and 
leisure  was  given  to  others  to  cultivate  the  human  mind,  to  invent 
useful  arts,  and  to  lay  the  foundations  of  science. 

Page  352. 

Both  Grotius  and  Puffendorf  deduce  the  appropriation  of  things, 
which  must  have  been  originally  common  to  all  men,  from  the  very  con- 
stitution and  organic  laws  and  necessities  of  the  social  state;  and  su(di 
appropriation  is,  as  we  have  already  observed,  necessary  not  only  for 
the  use  and  enjoyment  of  things,  but  for  the  peace  of  society  and  the 
very  existence  of  arts,  agriculture  and  every  branch  of  industry.  But 
it  follows  from  these  very  principle's,  that  tilings  the  exclusive  ai>pro- 
priation  of  which  either  to  a  portion  of  mankind  or  to  certain  individ- 
uals, or  exclusive  purposes,  is  unnecessary  for  the  objects  of  the  social 
state  and  the  purposes  above  referred  to,  must  remain  by  natural  law 
common  to  all  men,  as  they  are  evidently  intended  to  be.  Thus  light 
and  air  cannot  be  brought  into  the  exclusive  power  of  any  one  person, 
for  their  use  is  common  to  all  and  no  hind  of  exclusive  appropriatioii  is 
requisite  for  their  lull  enjoyment.  They  are,  therefore,  not  divided 
among  a  number  of  owners  as  other  things  are.  On  the  same  principles 
the  lioman  law  holds  running  water  to  be  common  to  all  men.  But 
this  decision  does  not  ap[)ly  to  waters  the  exclusive  appropriation  of 
which  is  necessary  for  certain  purposes,  such  as  water  inclosed  in  a 
pipe  or  vessel  for  some  particular  use.  The  common  riglit  to  running- 
water,  therefore,  exists  only  in  tliose  cases  where  the  quantity  of  water 
is  so  great  that  its  entire  exclusive  appropriation  is  not  necessary, 
having  regard  for  the  general  objects  of  the  institution  of  property.  In 
such  cases  as  these,  to  prevent  any  man  from  using  and  appropriating 
to  himself  portions  of  the  water  without  injuring  the  common  right  and 
enjoyment  of  others,  would  be  contrary  to  natural  law. 

Works  of  the  Hon.  James  Wilson,  Associate  Justice  of  the  United 
States  Supreme  Court.     \'ol.  Ill,  p.  194,  Philadelphia. 

The  right  of  separate  property  seems  to  be  founded  in  the  nature  of 
men  and  things;  and  when  societies  become  numerous,  the  establish- 
ment of  that  right  is  highly  important  to  the  existence,  to  the  tranquil- 
lity, to  the  elegancies,  to  the  refinements,  and  to  some  of  the  virtues  of 
civilized  life. 

Man  is  intended  for  action.  Useful  and  skilful  industry  is  the  soul 
of  an  active  life.  But  industry  should  have  her  just  reward.  That 
reward  is  property;  for  of  useful  and  active  industry,  property  is  the 
natural  result. 

Exclusive  property  multiplies  the  productions  of  the  earth,  and  the 
means  of  subsistence.  Who  would  cultivate  the  soil  and  sow  the  grain 
if  he  had  no  peculiar  interest  in  the  harvest?  Who  wouhl  rear  and 
tend  flocks  and  herds  if  they  were  to  be  taken  from  him  by  the  first 
person  who  should  come  to  demand  them  ? 

By  exclusive  property  the  productions  of  the  earth  and  the  means  of 
subsistence  are  secured  and  preserved,  as  well  as  multiplied.  What 
belongs  to  no  one  is  wasted  by  every  one.  What  belongs  to  one  man 
in  particular  is  the  object  of  his  economy  and  care. 

Exclusive  property  prevents  disorder,  and  promotes  ])eace.  With- 
out its  establishment  the  tranquillity  of  society  would  be  perpetually 

40  BS 


f 


626    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS, 

disturbed  by  fierce  and  uiigovern.able  competitions  for  the  possession 
and  enjoyment  of  things,  insufficient  to  satisfy  all  and  by  no  rules  of 
adjustment  distributed  to  each. 

The  conveniencies  of  life  depend  much  on  an  exclusive  property. 
The  full  effects  of  industry  cannot  be  obtained  without  distinct  profes- 
sions and  the  division  of  labour.  But  labour  cannot  be  divided,  r.or 
can  distinct  professions  be  pursued,  unless  the  productions  of  one  pro- 
fession and  of  one  kind  of  labor  can  be  exchanged  for  those  of  another. 
This  exchange  implies  a  separate  i)roperty  in  tliose  who  make  it. 

Tlie  observations  concerning  the  conveniences  of  life  may  be  applied 
with  equal  justness  to  its  elegancies  and  its  refinements. 

On  property  some  of  the  virtues  depend  for  tlieir  more  free  and 
enlarged  exercise.  Would  the  same  room  be  left  for  the  benign  indul- 
gence of  generosity  and  beneficence, — would  the  same  room  be  left  for 
the  becoming  returns  of  esteem  and  gratitude, — would  the  same  room 
be  left  for  the  endearing  interchange  of  good  offices  in  the  various  insti 
tutions  and  relations  of  social  life,  if  the  goods  of  fortune  lay  in  a  mass, 
confused  and  unappropriated  ? 

For  these  reasons,  the  establishment  of  exclusive  property  may  justlj' 
be  considered  as  essential  to  the  interests  of  civilized  society.  With 
regard  to  land  in  particular,  a  separate  and  exclusive  property  in  it  is 
a  principal  source  of  attaidiment  to  the  country  in  which  one  resides. 
A  person  becomes  very  unwilling  to  relinquish  those  well  known  fields 
of  his  own,  which  it  has  been  the  great  object  of  his  industry,  and,  per- 
haps of  his  pride,  to  cultivate  and  adorn.  This  attachment  to  private 
landed  property  has,  in  some  parts  of  the  globe,  covered  barren  heaths 
and  inhospitable  mountains  with  fair  cities  and  villages;  while,  in  other 
parts,  the  most  inviting  climates  and  soils  remain  destitute  of  inhabit- 
ants, because  the  rights  of  private  jn'operty  in  land  are  not  established 
or  regarded. 

Eev.  PfeRE  Taparelli  d'Azeglto,  of  the  Society  of  Jesus.  Essai 
Theorique  de  Droit  NaUirel,  base  stir  les  Faits.  Translated  from  the 
Italian,  with  the  approval  of  the  author,  lid  ed.  vol.  I,  sec.  411,  p.  IGG. 

I  remarked  just  now  that  the  hypothesis  of  an  original  distribution 
is  false,  at  least  in  the  sense  which  is  usually  given  to  this  expression, 
which  seems  to  indicate  that  the  ownership  of  immovable  property  owes 
its  origin  to  a  social  contract.  Now,  we  have  just  shown  that  this  own- 
ership is  a  necessary  consequence  of  the  multiplication  of  the  human 
race  and  of  a  law  peculiar  to  human  nature;  under  the  sway  of  this 
law  the  right  of  property  is  formed  of  itself,  and  that,  too,  quite  natu- 
rally; and,  to  go  back  to  its  origin,  we  in  no  wise  need  have  recourse  to 
voluntary  and  free  agreements.  The  successive  development  of  the 
ownership  of  immovable  property  may  be  studied  in  Koman  usage. 
{De  opificio  sex  (Uerum,  Book  5,  chap.  7,  section  17);  suffice  it  for  us  to 
remark  (and  this  experience  renders  evident,)  that  labor  and  cultiva- 
tion are  necessary  to  cause  the  earth  to  bring  forth  fruit  for  the  use  of 
man.  Build  a  hut,  dig  a  well,  plant  a  hedge  around  a  piece  of  land: 
the  soil  will  have  received  a  durable  amelioration,  which  is  your  act, 
aud  which  gives  you  the  right  to  prevent  all  others  from  appropriating 
it.  Thus  the  right  of  ownership,  the  right  to  exclude  all  others  from 
your  property,  is  the  outgrowth  of  itself  without  any  agreement;  it  is 
the  only  rational  way  of  explaining  the  original  distribution  of  property, 


4ISTS. 


CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.   627 


possession 
no  rules  of 

B  property, 
inct  profes- 
livided.  .iwi- 
of  o'le  pro- 
of iinotber. 
ke  it. 
be  applied 

e  free  and 
snign  itulul- 
i  be  left  for 
same  room 
irioiis  insti- 
y  in  a  mass, 

may  justly 
iety.  With 
erty  in  it  is 
)ne  resides, 
nown  fiel<ls 
ly,  and,  per- 
t  to  private 
rreu  heaths 
ile,  in  other 

of  inhabit- 
established 


sus.    Ussai 

od  from  the 

411,  p.  100. 

istribution 
expression, 
)perty  owes 
it  thisown- 
tlie  human 
way  of  this 
quite  natu- 
recourse  to 
lent  of  the 
nan  usage, 
it  for  us  to 
nd  cultiva- 
the  use  of 
[JO  of  land: 
s  your  act, 
>ropriating 
others  from 
tment ;  it  is 
)f  property, 


that  is  to  say,  that  first  development  of  ownership,  which  is  successively 
extended  by  occupation  and  by  the  clearing  and  cultivation  of  new 
laud,  whicli  development  is  always  proportionate-  to  the  numerical 
develoi)ment  of  the  human  race. 

Von  Adolf  Lasson,  SijHtem  der  Kechtsphilosophlo.    lierlin,  1882. 

Seftion  10  (page  003.) — Tlie  formation  of  property  in  land  is  very 
closely  connected  with  the  economic  development  of  man.  A  condition 
of  landed  property,  properly  so  called,  in  general,  is  the  stationary 
character  of  men.  As  long  as  cattle-raising  is  mainly  carried  on,  land 
will  be  hold  mainly  in  common,  and  may  continue  to  be  so  lield  as  long 
as  agricultur*?  is  carried  on  by  means  of  the  simplest  processes.  When 
e\  erything  depends  upon  the  care,  prudence,  industry,  and  the  appli- 
ances for  tilling  the  soil  of  each  individual,  the  possession  of  land  in 
connnon  is  oi)poscd  to  common  sense,  and  is  impossible.  Increasing 
density  of  pojnilation,  improved  methods  of  cultivation,  development 
of  free  i)roperty  in  movable  possessions,  the  use  of  money,  trade  and 
industry,  compel  property  in  land  to  assume,  with  more  or  less  uni- 
formity, those  forms  of  property  which  have  become  customary  for 
movable  possessions.  There  is  historical  i)rogress  everywhere,  as  a 
consequence,  from  collective  to  individual  property,  from  public  to 
private  economy.  Nevertheless,  we  must  not  overlook  the  fact  that  in 
individual  matters,  and  for  special  objects  of  property,  tiie  transition 
from  i)iivate  to  public  management  may  become  necessary,  and  that 
there  are  objects  which  are,  in  general,  necessary,  or  which  may  be 
better  left  to  the  ownership  and  management  of  tiie  State  and  of  the 
community.  The  formation  of  jurisprudence(l{echtsbildung)has,in  tliis 
field,  motives  which  are  radically  ditfcrent,  and  lead  to  ditterent  results, 
for  constantly  reconciling  what  is  just  and  what  is  expedient,  what  is 
<'onducive  to  private  welfare  and  to  the  pi'osperity  of  the  whole,  the 
interest  of  personal  liberty  and  economic  interest.  It  is  true  that  what 
is  just  and  what  is  beneficial  agree,  as  a  general  thing,  here  also.  It  is 
most  desirable,  in  both  points  of  view,  that  every  one  should  have  an 
unrestricted  right  of  property  in  that  which  he  independently  produces, 
that  only  that  should  be,  in  common  property,  tiie  object  of  common 
management,  which,  according  to  regulation  and  established  preitept, 
may  be  worked  without  any  great  interference  with  individual  selection 
aiul  free  enterprise;  or  that  which  (such  as  public  roads,  or  pro])erty 
in  mines  and  forests)  cannot,  in  the  interest  of  future  generations,  as 
well  as  of  tliose  now  living,  be  unconditionally  exposed  to  the  influence 
of  private  discretion.  Tiiat  a  person  who  does  not  maimge  the  objecit 
himself  should  be  its  owner,  is  not  to  be  avoided  as  an  exce])tion,  but 
is  pernicious  wlion  taken  as  a  rule.  The  apparent  economic  advantages 
of  management  in  common:  the  systematization  and  organization  of 
labor,  in  Avhich  the  opi)(isition  of  those  forces  which  should  co-operate 
with  each  other  is  avoided;  the  reguliition  of  l)oth  production  and  con- 
sumption by^a  controlling  will:  all  this,  in  the  system  of  separate  man- 
agement, is  fully  counterbalanced  by  the  increased  power  of  jiersonal 
initiative,  by  the  multiplied  motives  for  labor,  by  the  strong  impulses 
for  the  development  of  all  gifts  and  capacities  of  personality,  by  the 
more  severe  compulsion  find  the  greater  interest  in  one's  own  i)roperty, 
that  a  man  has  himself  earned,  himself  possesses,  himself  enjoys,  and 
tliat  he  may  transfer  to  his  family,  and  leave  it  to  them  at  his  death. 
That  the  right  of  property,  even  in  immovable  things,  be  endowed  with 
very  rich  contents,  that  requires  the  idea  of  personality,  which  has,  iu 


TT 


628    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 


;    I 


i- 


things,  the  means  for  their  general  development.  Commcm  property 
never  has  such  rich  contents;  it  is  never  free,  full  property,  because  the 
l)uri)oses  for  which  it  is  used  are  tixed  by  the  laws  of  conimon  interest; 
therefore,  according  to  the  idea  f  right  (law)  only  that  is  to  be  held  as 
common  property  which  can  not  without  danger,  be  entrusted  to  indi- 
viduals; it  is  consequently  a  minimum  with  limits  that  are  removable 
according  to  the  degree  of  improvement  in  cultivation  and  the  develop- 
ment of  personality.  The  tendency  to  diminish  the  extension  of  indi- 
vidual property  aiul  individual  management  as  far  as  possible,  in  order 
to  make  all  possible  room  for  common  property  and  common  manage- 
ment, is  in  contravention  of  all  right  (law)  and  contributes  toward 
making  the  institution  of  the  penitentiary  the  normal  institution  for 
the  whole  machir  ery  of  human  society. 

II.  The  ways  in  which  i>roperty  is  earned,  and  the  conditions  on 
which  property  is  recognized,  are  defined  by  law  for  the  most  part  in 
accordance  with  the  principles  of  justice.  The  first  principle  is  that 
each  one  is  to  keep  what  he  1ms,  until  a  sufficient  reason  for  a  change 
can  be  shown.  Thus  all  right  of  property  is  based  upon  the  fiction  of 
a  primitive  condition  in  which  there  is  mere  possession,  which  is  after- 
wards endowed  by  law  with  protection  and  ideal  power.  The  division 
or  distribution  of  empirical  i)Osses8ion,  which  is  recognized  as  legal,  and 
is  converted  into  intelligible  property,  can  be  based  -is  an  original  fact, 
only  upon  the  will  of  each  individual  or  of  the  community,  always  only 
upon  the  will  of  him  who  has  taken  possession  of  the  things  according 
to  his  own  good  i)leasure,  who  has  occupied  them.  Occupation  is  thus 
the  last  basis  and  point  of  departure,  that  of  possession  which  receives 
property- protection  from  law.  This  original  occupation  is  conceived  of 
as  taking  place  in  a  condition  in  which  no  law  i)revails,  such  as  in  war, 
and  after  conijuest  by  entire  hordes  and  tribes.  Ideally,  a  line  is 
drawn.  Beyond  that  line  there  is  freedom  of  occu])ation,  while  on  this 
side  of  it  there  is  protection  for  everyone  i"  what  he  has  occnpied; 
beyond  it  there  is  violence  and  craft,  while  on  this  side  of  it  there  is 
respect  for  the  rights  of  others.  The  communio  primara  (primeval  com- 
munity of  goods)  which  is  conceived  of  as  existing  in  the  imaginary 
condition,  is  nothing  but  this  indefinite  possibility  of  occupation  by 
each  one  without  regard  to  the  rights  of  others,  which  as  yet  does  not 
exist.  Only  when  a  legal  condition  of  things  begins  to  exist  is  the 
requirement  made  that  all  transfers  of  property  shall  ta'ke  place  in  a 
legal  manner,  and  that  property  shall  be  acquired  and  lost  only  in  the 
ways  that  are  ex]uessly  i)rescribed  by  law,  which  are  made  to  conform,  as 
faraspossible,tojustice.  Theoccupation,themereappropriation  of  things 
at  will,  is  thus  greatly  restricted.  For  most  things  have  their  owners, 
whose  rights  are  protected ;  but  for  that  which  as  yet  has  no  owner 
the  State  prescribes  the  conditions  of  an  occupation  that  will  be  recog- 
nized by  it.  The  State  reasonably  claims  the  ownership  of  Avhat  has  no 
owner,  because  no  one  has  a  better  right  than  it  has,  and  it  leaves  a 
conditi(mal  ])ossibility  to  others  on  the  ground  of  expediency  only.  The 
basis  of  property  by  occupation,  since  it  clashes  with  no  rights  of 
others,  is,  in  itself,  easily  understood.  With  property  in  the  substance 
of  the  thing,  property  is  also  given  in  that  which  belongs  as  an  append- 
age to  the  substance,  in  the  fruit  and  in  the  increase,  and  in  that 
which  is  connected  with  the  substance.  Ideally  more  pregnant  .and  in 
the  legal  condition  more  influential  is,  however,  the  second  kind  of 
acquisition  of  property,  viz.,  specification.  Any  one  who  has  formed  a 
substaiue  by  his  labor,  and  has  thereby  produced  new  property  and 
new  value,  which  also,  as  the  fruit  of  the  thing,  may  be  the  result  of 


iMISTS. 


CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS.    629 


on  property 
because  the 
ion  iiiteiest; 
o  be  held  as 
sted  to  indi- 

0  removable 
the  develop- 
sioii  of  indi- 
bk»,  in  order 
ion  nianage- 
iite-s  toward 
stitution  for 

iiiditions  on 
lost  part  in 
ijiple  is  that 
for  a  change 
he  fiction  of 
lich  is  after- 
rhe  division 
IS  legal,  and 
»riginal  fact, 
always  only 
js  according 
ition  is  thus 
lich  receives 
conceived  of 
;h  as  in  war, 
ly,  a  line  is 
i  hile  on  this 
,s  occupied; 
f  it  there  is 
iuieval  com- 
e  imaginary 
Luiiiation  by 
yet  does  not 
exist  is  the 
e  place  in  a 
:  only  in  the 
)  conform,  as 
;ion  of  things 
lieir  owners, 
as  no  owner 
ill  be  recog- 
what  has  no 
it  leaves  a 
y  only.  The 
lo  rights  of 
le  substance 

1  an  append- 
and  in  that 
nant  and  in 
ind  kind  of 
las  formed  a 
roperty  and 
he  result  of 


the  labor,  is  entitled  to  the  ownership  of  this  new  value.  The  reason 
thereof  lies  chieHy  in  that  which  is  common  to  specification  and  to  occu- 
pation ;  it  is  evident  thatno  one  has  a  right  to  the  new  value,  especially 
a  better  right  than  the  producer.  What  is  essential,  however,  is  the 
positivity  which  specification  has  over  and  above  occupation,  the  jier- 
sonal  merit  which  the  producer  has  gained  for  himself  by  originating  a 
new  good,  for  which  the  property  therein  ac(juired  is  his  just  reward. 
It  is  to  be  carefully  observed,  however,  that  labor,  as  such,  is  not  a 
basis  of  property ;  the  norma  juris  (Kechtsordnung)  alone  can  distribute 
property.  When,  however,  a,  normajiiris  and  the  institution  of  property 
coexist,  it  is  both  right  and  expedient  that  a  norma  juris  should  give  to 
labor  the  possibility  of  becoming  the  basis  of  the  acquisition  of  property. 
Only,  in  order  to  distribute  the  reward  aright,  it  is  necessary  accurately 
to  find  out  the  place  where  the  merit  is  to  bo  found.  External  percep- 
tible labor  in  physical  matter  has,  in  most  cases,  the  least  merit  and 
the  smallest  part  in  the  production  of  the  new  value;  greatly  prepon- 
derating is  the  meritiu  him  who,  by  command  and  direction,  by  foresight 
and  genius,  by  giving  auxiliary  means  and  by  ingenuity,  leads  the 
foi'ces  of  others  to  the  goal,  and  assures  the  success  of  bodily  exertion. 

CoyUELiN  ET  (iuiLLAUMiN.  DicUonnaire  de  Peconomie  politique,  vol. 
IV,  p.  463  et  seq.,  Paris,  1853. 

Ownership  has  shared  in  the  general  progress  of  civilization.  At 
the  same  time  it  has  followed  a  law  of  development  which  was  peculiar. 
It  has  advanced  like  liberty,  like  industry  and  like  the  Arts  in  the 
world. . .  Ownership  exists  among  the  pastoral  people  as  well  as 
among  the  nations  which  have  come  to  the  highest  point  of  agricul- 
tural wealth  and  industry;  but  it  exists  in  other  conditions.  The 
occupation  of  the  soil  began  by  being  annual  befo  .e  it  was  for  life,  and 
it  had  been  for  life  in  thf3  person  of  the  tenant  before  becoming  heredi- 
tary and  in  a  way  perpetual.  It  had  belonged  to  the  tribe  before 
becoming  the  property  of  the  family,  and  it  had  been  the  common 
possession  of  the  family  before  taking  on  the  individual  (character. 
The  poets,  who  are  the  first  historians,  witness  this  gradual  transfor- 
mation of  inheritances. . . 

Ownership,  in  undergoing  evolutions  analogous  to  those  of  liberty, 
spread  out,  and  increased,  and  has,  so  to  speak,  iiervaded  space.  At 
the  beginning  of  civilization  man  possessed  scarcely  anything — some 
herds,  some  rude  utensils,  scarcely  a  corner  of  earth  which  produced 
grain  in  the  midst  of  a  deserted  stejipe.  He  brought  into  use  almost 
none  of  the  natural  agents.  The  agricultural  people  who  succeeded 
the  pastoral  tribes  soon  had  tenfold  and  a  hundredfold  the  possessions 
which  then  attached  to  the  surface  of  the  globe.  But  it  belonged  only 
to  the  skilful  nations  to  carry  industry  and  commerce  to  their  highest 
development.  As  the  earth  becomes  individualized,  and  as  e.acli  parcel 
falls  into  the  possession  of  an  owner  who  enriches  it  with  his  capital 
and  labor,  those  who  find  themselves  outside  this  division  of  the  soil, 
are  not  on  that  account  excluded  from  property. 

William  Eoscher,  Property.  Principles  of  Political  Economy.  Trans- 
lated by  J.  J.  Lalob  from  the  13th  German  Ed.,  Bk.  I.,  Vol.  I,  cii.  i, 
sec.  33,  p.  12G.    Chicago,  1882. 

Those  gifts  of  external  nature  which  may  become  objects  of  private 
property  and  at  the  same  time  possess  sufficient  relative  scarcity  to 
give  them  value  in  exchange  are  either  .movable  and  exhaustible  in  a 


lir 


630    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

given  place,  or  firmly  connected  with  the  land.  The  first  category 
embraces,  for  instance,  such  wild  animals  and  i)lants  as  serve  some 
useful  purpose.    Minerals. . . 

And  again,  vol.  I,  Bk.  I,  ch.  v,  p.  235,  sec.  77,  he  says: 

As  human  lab<mr  can  attain  its  full  development  only  on  the  suppo- 
sition that  personal  freedom  is  allowed  to  develop  to  its  full  economic 
importance  and  dimensions.  So  capital  can  develop  its  full  produc- 
tive power  only  on  the  supposition  of  the  existence  of  the  freedom  of 
personal  proi)erty.  Who  would  save  anything,  that  is,  give  up  present 
enjoyment,  if  he  were  not  certain  of  future  enjoyment?  The  legiti- 
macy of  private  property  has,  since  the  time  of  Locke,  been  based  by 
the  greater  number  of  political  economists  on  the  right  inherent  in 
every  workman  either  to  consume  or  to  save  the  products  of  his  l/ibour. 

And  again,  Bk.  I,  ch.  v,  sec.  8.'?,  p.  253  et  se«i. 

Experience,  however,  teaches  us  that  in  all  the  lower  stages  of  civili- 
zation a  community  of  goods  exists  to  a  greater  or  lesser  extent.  The 
institution  of  private  property  has  been  more  fully  evolved  out  of  this 
condition  of  things  only  in  proportion  as  well-being  and  culture  have 
been  developed  as  cause  and  ettect  of  such  well  being.  Thus,  among 
most  nations  of  hunters  and  fishermen,  the  idea  of  private  property 
was  unknown  when  these  nations  were  first  discovered. 

Page  263,  vol.  T,  sec.  87. 

But  a  certain  expenditure  of  capital  and  labour  is  nece.;sary  that  land 
may  be  used  productively,  and  in  most  instances  this  employment  of 
capital  and  labour  is  of  long  duraticm,  irrevocable  in  the  very  nature 
of  things,  and  one  the  fruits  of  which  can  be  reaped  only  after  some 
time  has  elapsed.  Now  this  cooperation  of  capital  and  labour  is  such, 
that  no  one  would  undertake  to  employ  them  in  the  cultivation  of  the 
Isind  had  he  not  the  strongest  assurance  of  possessing  it.  Hence  agri- 
cultuie  in  its  most  rudimentary  stage  supposes  ownership  of  the  land, 
at  least  from  the  time  that  it  is  <' tickled  with  the  hoe"  until  "it  smiles 
with  the  harvest"  ...  the  more,  afterwards  population  and  civili/.ation 
inc.  «ase,  the  more  products  must  be  wrung  from  the  soil.  But  this  can 
be  accomplished  only  by  means  of  its  more  intensive  cultivation,  by 
lavishing  a  greater  amount  of  capital  and  labour  on  it,  and  as  a  rule 
by  extending  the  circle  of  agricultural  operations  by  means  of  combi- 
nations more  and  more  artificial.  Hence  the  progress  of  civilization 
demands  an  ever  increasing  fixity  and  a  more  pronounced  shaping  of 
landed  property. 

L.  B.  Hautefeuille,  The  Rights  and  Duties  of  neutral  Nations  in  time 
of  maritime  War.    Vol.  I,  p.  170,  od.  1848. 

When  men  had  become  more  numerous,  families  develo])ed  into  colo- 
nies and  into  tribes,  new  needs  grew  out  of  their  industry  and  that 
tendency  to  well-being  and  improvement — distinctive  characteristics  of 
the  Master  of  Na'ure.  Thus  the  right  of  i)roperty  expanded.  It  was 
applied  at  first  to  movable  objects,  such  as  weapon;  for  the  chase, 
utensils  necessary  for  the  preparation  of  foods,  etc.,  which  were  no 
doubt  the  first  objects  subject  to  this  right.  The  progress  of  the  human 
race  drew  after  it  the  development  of  the  right  of  property;  which 
from  simple  and  indispensable  utensils  extended  even  over  the  soil 
itself. 


ii 


MISTS. 

St  category 
serve  some 


I  the  suppo- 

II  econoinic 
all  produc- 

!  frocdoni  of 

up  present 

The  leyiti- 

u  based  by 

inlicrent  in 

his  l/ibour. 


es  of  civili- 
i-tant.  The 
out  of  this 
iilture  have 
luis,  .among 
e  proi)erty 


y  that  land 
)loynient  of 
'ery  nature 
after  some 
mr  is  such, 
tiou  of  the 
lence  agri- 
f  the  land, 
1  "it  smiles 
civilization 
ut  this  can 
vation,  by 
I  as  a  rule 
J  of  combi- 
iivilization 
shajnug  of 


0H8  in  time 

I  into  colo- 
''  and  that 
teristics  of 
d.  It  was 
the  chase, 
li  were  no 
:he  human 
ty;  which 
)r  the  soil 


CITATIONS  FROM  WAITINGS  OF  JURISTS  AND  ECONOMISTS.    631 

Although  nothing  is  able  to  establish  it,  it  is  permitted  to  think  that 
the  necessity  of  constructing  for  oneself  a  shelter  against  the  inclemency 
of  the  seasons,  the  discovery  and  progress  of  agriculture,  were  if  not 
the  only  causcei,  at  least  the  principal  ones  of  the  establishment  of 
ownership  in  innnovable  property.  In  fact,  the  man  who  had  placed 
his  <!abin  ui»()n  a  corner  of  earth  of  his  choice,  the  cultivator  who  had 
fertilized  a  field  by  his  labor,  must  have  regarded  this  part  of  the  earth 
as  his  own  property,  to  prevent  all  others  from  enterhig  and  enjoying 
it.    Such,  in  my  eyes  is  the  true  origin  of  property. 

Sec.  II.  CharafhriHticH  essential  to  Property: 

Property,  as  respects  the  natural  primitive  right,  for  I  <h)  not  occupy 
myself  with  civil  institutions,  ought  to  unite  three  essential  charac- 
teristics : 

1.  Exclusive  possession,  and  in  consequence,  the  i>o\vev  to  dispose 
according  to  his  taste,  to  use,  and  even  to  abuse  it; 

2.  The  right  of  excluding  all  others  from  the  enjoyment  of  the  object 
possessed ; 

3.  The  necessity  i»f  excluding  them,  in  order  to  be  able  to  enjoy  the 
possession  and  to  draw  from  it  all  the  advantages  which  it  promises. 

TOULLIER,  French  Civil  Laic.    Fifth   edition,   Paris,   1842,    vol.   Ill, 
title  II,  ch.  I,  sec.  1,  p.  40  to  47. 

Summary. — Sec.  64.  Origin  of  property;  negative  oommunity. — See.  65.  Right  of 
the  first  ocfupant  which  censes  with  occupation. — Sej.  66.  Proof  of  the  existence 
of  negative  community. — Sec.  67.  A  comparison  hy  Cicero  respecting  this  suh- 
ject. — Sec.  68.  Occupation  rendered  more  stahle  by  agriculture. — Sec.  69.  Whence 
results  habitual  occupation  which  preserves  jiossession  solely  by  extension. — Sec, 
70.  The  field  which  ceased  to  be  cultivated  became  vacant. — Sec.  71.  Civil  laws 
finally  made  property  permanent. — Sec.  72.  By  means  of  real  action  against  tl>e 
possessor  of  the  thing. — Sec.  73.  Distiuctivo  character  of  property  in  the  c  il 
state. 

Sec.  04.  If  the  laws  attached  to  i)roperty  and  those  which  are  derived 
from  it  are  now  very  extensive  it  was  not  thus  originally.  Property 
was  confounded  with  possession  and  it  was  lost  with  it. 

Before  foundation  of  the  civil  state,  the  earth  was  no  one's,  the  fruits 
belonged  to  the  first  occupant.  The  men  that  were  distributed  over 
the  globe  lived  in  a  state  which  the  writers  who  have  w  ritteu  on  natu- 
ral law  have  termed  negative  community,  in  distinction  from  positive 
community  in  which  several  associates  held  in  common  ownership  an 
indivisible  thing  belonging  to  each  in  a  certain  portion. 

I^egative  community,  on  the  contrary,  consisted  in  that  the  thing 
conunou  to  all  did  not  belong  more  to  each  one  -f  them  in  particular 
than  to  the  other  and  in  that  no  one  could  prevent  another  taking  that 
which  he  considered  proper  to  make  use  of  in  his  needs. 

Thus  this  doctrinal  expression  of  negative  community  signifies  noth- 
ing else  but  the  primitive  and  determinate  right  (droit)  that  all  men 
had  originally  to  make  use  of  the  goods  which  the  earth  offered,  so 
long  as  no  one  had  yet  taken  possession  of  them. 

Sec,  65.  It  is  this  which  is  termed  the  right  of  the  lirst  occupant. 
He  who  first  possesses  himself  of  a  thing  acquires  over  it  a  kind  of 
transient  ownership,  or,  to  speak  more  exactly,  a  right  of  preference 
which  others  should  respect.  They  should  leave  that  thing  to  him 
while  he  possesses  it;  but  after  he  had  ceased  to  make  use  of  it  or  to 
occupy  it,  another  in  his  turn  might  make  use  of  it  or  occupy  it. 

If  the  older  possessor  had  invoked  his  i)a8t  possession  as  a  right  of 
preference  still  existing,  the  younger  could  be  able  to  answer  by  his 
present  possession;  and  when,  furthermore,  rights  arc  equal  on  both 


632    CITATIONC  1?R0M  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 


Bides,  it  it  Just  and  natural  that  tlie  actual  possessor  should  be  pre- 
ferred, for  to  take  i>os8es8iou  away  irom  biia  there  should  be  a  stronger 
right  than  bis  own. 

Thus  the  right  of  oceupation  is  a  title  of  legitini.ate  i)veferenee 
founded  on  natnre. 

See.  <»({.  The  existeiuie  of  this  ]»rinutive  state  of  negative  community 
is  incontestable;  proofs  of  tiie  sanje  arc  found  in  (Jenesis,  the  most 
ancient  of  all  books,  and  the  most  vener.able  even  wlien  considering  it 
only  from  an  historical  point  of  view '.  The  poets,  in  picturing  tlse 
golden  age,  have  left  us  ornamented  but  imiccurate  works.  Tlie 
ancient  historians  have  transmitted  to  us  tradition;  and,  finally, 
examples  thereof  were  found  again  in  the  habits  of  the  savage  tribes 
of  America  when  tlnit  continent  was  discovered. 

Sec.  <57.  Thns,  foHowing  a  comparison  of  Cicero,  the  Avorld  was  like 
a  vast  theatre  belonging  to  the  jiublic,  of  which  each  seat  became  the 
l)roi)erty  of  the  first  occupant  as  long  as  it  suited  him  to  remain  therein, 
but  which  he  could  not  prevent  anotlier  from  occupying  after  he  had 
left  it. 

Sec.  68.  But  how  <'ould  this  preference,  ao'iuired  by  occupation,  have 
become  a  stable  and  i)ermanent  ownership,  that  would  continue  to 
subsist  and  could  be  reclaimed  after  the  first  occupant  had  ceased  to 
be  in  possession? 

It  was  agriculture  that  gave  birth  to  the  idea  of  and  made  felt  the 
necessity  for  pernuinent  projjcrty.  In  measure  as  tlie  number  of  men 
increased,  it  became  nu>re  ditiicult  to  find  new  uninhabited  lands;  and 
on  the  other  hand  continued  habitation  of  the  s.ame  place  engendered 
a  too  rapid  consumption  of  the  natural  truits  of  tlie  earth  for  them  to 
suflice  for  the  subsistence  of  all  the  inhabitants  and  of  their  Hocks, 
without  changing  locality  or  without  providing  therefor  by  cultivation 
in  a  constant  and  regular  manner. 

Thus  agriculture  was  the  natural  result  of  the  increase  r»f  the  human 
s])ecie8;  agriculture  in  turn  favored  population,  and  rendered  necessary 
the  establishment  of  permanent  property.  For  who  would  give  himself 
the  trouble  to  labor  and  to  sow  if  he  had  not  the  certainty  of  reaping? 

The  field  that  I  have  cleared  and  sown  should  belong  to  me,  at  least 
until  I  have  gathered  the  fruits  that  my  labor  has  produced.  I  have 
the  right  to  employ  force  to  re])ulse  the  unjust  person  who  would  wish 
to  dispossess  me  of  it,  and  to  drive  away  him  who  should  have  seized 
it  during  my  absence.  I  am  regarded  as  continuing  to  occupy  the  field 
from  the  first  tilth  to  the  harvest,  though,  in  the  interval,  I  do  not 
perform  each  moment  exterior  acts  of  occupation  or  of  jiossession, 
because  one  cannot  suppose  that  1  have  cleared,  cultivated  and  sown 
without  intention  to  reap. 

Sec.  09.  This  habitual  occupation,  which  results  from  cultivation,  ])ve- 
serves  therefore  the  right  of  preference  which  1  bad  acquired  by  first 
occupation.  It  is  this  habitual  occupation  which  civil  law  (le  Droit 
Civil)  extended  and  applied  as  a  means  to  preserve  possession,  in  estab- 
lishing as  maxim  that  possession  is  preserved  by  sole  intention,  nudo 
annuo. 

Cultivation  forms  a  stronger  and  more  lasting  tie  than  single  occu- 
pation; it  gives  a  i)erfect  right  to  the  harvest.  But  how  maintain  a 
right  (Droit)  other  than  by  doubtful  contest,  before  the  foundation  of 
the  civil  state? 

Sec.  70.  Moreover  the  right  which  cultivation  gives  and  the  effects 
of  occupation  which  are  derived  therefrom,  cease  with  the  harvest,  if 


■  Genesis  I,  28  and  29. 


WI8T8. 


CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.    633 


iild  be  pre- 
B  a  stronger 

preference 

community 
',  the  most 
iisidering  it 
jturing  tlie 
orks.  The 
1(1,  finally, 
vage  tribes 

(1  was  like 
became  the 
lin  therein, 
ter  he  had 

ation,  have 
lontinue  to 
I  ceased  to 

de  felt  the 
ber  of  men 
lands;  and 
sn  gendered 
for  them  to 
leir  flocks, 
cultivation 

the  human 
i  necessary 
ive  himself 
(f  reaping? 
le,  at  least 
[1.  1  have 
voiild  wish 
ave  seized 
)y  the  field 
I,  I  do  not 
)osse8sion, 
and  sown 

ation,  ])re- 
ed  bv  first 
(le'Droit 
1,  in  estab- 
ition,  nuilo 

ngle  occu- 
uaintain  a 
ndation  of 

the  effects 
harvest,  if 


there  are  no  new  acts  of  cultivaHon;  for  nothing  would  further  indi' 
cate  an  intention  to  occupy.  The  field  Mhich  would  cease  to  be  culti- 
vated would  again  become  vacant  and  subject  to  the  right  of  the  (Irst 
occupant. 

Agriculture  alone,  therefore,  is  not  Rufflcicnt  to  establish  i)ermanent 
property;  and  since  as  before  the  invention  and  the  nsiige  of  agricul- 
ture, pioperty  was  accjuired  by  occupation,  was  ])reserved  by  continued 
or  habitual  i»osses8ion,  and  was  lost  with  possession  (et  se  perdait  avec 
la  possession),  this  principle  is  still  followed  in  regard  to  things  which 
have  remained  in  the  primitive  state  or  negative  conununity,  such  aw 
savage  animals. 

Sec.  7-1.  In  order  to  give  to  property  a  nature  of  stability  which  w(( 
observe  in  it  today,  positive  laws  an<l  magistrates  to  execute  tlieni  were 
iie(!e8sary,  in  other  words,  tlie  civil  state  was  required. 

The  increaseof  the  human  sjjecies  had  rendered  agriculture  necessary; 
the  need  to  assure  to  the  cultivator  the  fruits  of  his  labor  made  felt  tiie 
necessity  of  permanent  property  and  of  laws  to  juotect  it.  Thus,  it  is 
to  property  that  we  owe  the  foundation  of  the  civil  static  Without  the 
tie  of  property  it  would  never  have  been  ])ossible  to  subject  man  to  the 
salutary  yoke  of  the  law;  and  without  permanent  ])rojierty  the  earth 
would  have  continued  to  remain  a  vast  forest. 

Let  us  say,  therefore,  with  the  most  exact  writers,  that  if  trnnsient 
awuership  {la proprivte  paHSUfih'e),  or  the  right  of  preference  which  occu- 
pation gives,  is  anterior  to  the  foundation  of  civil  soiiiety,  permanent 
ownership  {proprivtv  permauente)  as  we  know  it  t(»day  is  the  work  of 
civil  law. 

It  is  civil  law  which  has  established  as  a  maxim  that  once  ac(|uired 
property  is  never  lost  without  the  act  of  the  owner,  and  that  it  is  pre- 
served even  after  the  owner  has  lost  possession  or  detention  of  the  thing, 
and  when  it  is  in  the  hands  of  a  third  i)arty. 

Thus  property  and  possession,  which  in  the  primitive  state  were  con- 
founded, became  by  the  civil  law  two  distinct  and  independent  things; 
two  things  which,  according  to  the  language  of  the  laws,  have  nothing 
in  common  between  them.  L^roperty  is  a  right,  a  legal  attribute  (/«6'»/<r) ; 
])osses8ion  is  a  fact. 

It  is  seen  by  this  what  ])rodigious  changes  have  been  wrought  in 
property,  and  how  much  civil  laws  have  changed  its  nature. 

Sec.  72.  This  change  was  effected  by  means  of  a  real  action  that  the 
laws  granted  against  the  possessor  whoever  he  might  be,  to  comi>el  him 
to  surrender  the  thing  to  the  owner  who  had  lost  ])ossession  thereof. 
This  action  was  granted  to  the  owner  not  alone  against  tiie  possessor 
bj'^  bad  faith,  but  also  against  the  possessor  by  good  faith,  to  whom  the 
thing  had  come  without  fraud  or  without  violence,  without  his  Ix'iiig 
cognizant  of  the  owner's  ri'rhts,  and  even  though  he  had  accjuired  it 
from  a  third  party  by  virtue  of  a  legal  title.  .♦  i  .vw* 

Sec.  7.'}.  Property  was,  therefore,  considered  a  mcn-al  quiiUfcy  inherent 
in  the  thing,  as  a  real  tie  which  binds  it  to  the  owner,  and  which  can- 
not be  severed  witliout  an  act  of  his. 

This  right  of  reclaiming  a  thing  in  whatever  hands  it  is  foun<l,  is  tliat 
which  forms  the  principal  and  distinctive  ch.aracteristic  of  property  in 
the  civil  state. 

Ahrens,  Coiirs  de  droit  naturel,  p.  297.    Bruxelles,  Meliue  et  C"',  1844. 

As  in  modern  times  work  and  industry  have  received  greater  appre- 
ciation, respect  and  protection,  several  authors  have  abandoned  the 
ancient  doctrine  of  occupation  and  have  sought  the  basis  and  origin  of 


■w* 


634    CITATION8  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

proiMiity  in  labor,  whereby  the  iiiduHtry  which  an  individual  may  have 
devoted  to  any  object,  and  by  which  he  has,  as  it  were,  impressed  upon 
it  the  seal  of  his  personality  and  transformed  it  and  njadc  it  serve  his 
wants. 

This  doctrine,  which  has  also  been  called  that  of  the  a]>pr<)priation 
of  thin{,'s  by  labor,  is  witliout  «loubt  more  reasonable  than  that  of  ()ccu- 
pation.  It  releases  the  (luestion  of  property  fr«»m  Hi'atuitous  hypoth- 
eses, from  useless  tU;tions  of  a  primitive  natural  state  and  a  subsequent 
agreement.  Instead  of  making  the  creation  of  property  depend  upon 
a  cliaiue  decision,  it  bases  it,  cm  the  contrary,  up()n  a  stable  liict  upon 
which  it  rests  always  and  everywhere,  that  is,  the  activity  of  num. 
Nevertheless,  this  doctrine  does  not  yet  i)resent  the  real  reason  for  the 
existence  of  property, 

(The  next  few  pages  limit  the  proposition,  l)ut  do  not  contradict  it.) 

ICmilk  I)B  Laveleye,  0/ jtropcrty  and   Us  Vnmitii'e  forms.    Chap. 
XXVI,  p.  381.     Paris,  1877. 

Another  very  general  error  is  also  that  "  property"  is  spoken 

of  as  if  it  were  an  institution  having  a  fixed  form  and  being  always 
the  same,  while  in  reahty  it  is  clothed  in  most  diverse  forms,  and  is 
susceptible  to  very  great  unforeseen  modifications. 


It- 


PUFFENDORF,  The  Law  of  Nature  and  Nations,  vol.  II,  Bk.  IV,  ch.  V. 
sect.  (»,  and  sec.  7,  p.  3G8,  ed.  1720.    (English  Trans.) 

To  proceed,  man  left  this  original  negative  communion,  and  by  cove 
nant  settled  distinct  properties,  not  at  the  same  time  an<l  by  one  single 
act,  but  by  successive  degrees;  according  as  either  the  condition  of 
things  or  the  number  and  genius  of  men  seemed  to  require.  Thus,  the 
S(!ythians  <;f  old  appropriated  only  their  cattle  and  the  furniture  of 
their  houses,  leaving  their  land  in  its  primitive  communion.  Indeed, 
the  peace  and  tranquillity  of  mankind,  for  which  the  law  of  nature 
ai)pears  especially  concerned,  gave  no  obscure  intimation  what  would 
be  most  convenient  for  men  to  appoint  in  this  affair. 

For  that  each  man  should  retain  an  equal  power  over  all  things,  or 
that  the  universal  provision  should  be  laid  in  common  ready  for  the 
promiscuous  use  of  every  person  was  not  consistent  with  the  safety  and 
quiet  of  human  race ;  especially  nfter  they  were  multiplied  into  consider- 
able numbers,  and  had  cultivated  a*sd  improved  the  method  of  living; 
because  there  could  not  but  ai  ise  aim,  st  infinite  clashings  from  the  desire 
of  many  persons  to  the  same  thii.jr.  ".vhich  was  not  able  to  satisfy  them  all 
at  once;  it  being  the  nature  of  the  greater  part  of  what  the  world  affords 
to  be  incapable  of  serving  more  than  one  man  i^t  the  same  time.  As 
for  the  precise  order  and  the  particular  course  of  things  passing  into  prop- 
erty, I  <jonceive  we  may  thus  come  to  an  apprehension  of  them.  Most 
things  of  immediate  use  to  men,  and  which  are  applied  to  the  ends  of 
nourishment  and  clothing,  are  not  by  bare  unassisted  Nature  produced 
everywhere  in  so  great  abundance  as  to  yield  a  plentiful  supply  to  all. 
As  often,  therefore,  as  two  or  more  should  want  the  same  thing,  which 
could  not  content  them  altogether,  and  should  endeavor  to  seize  and 
secure  it  for  themselves,  so  often  there  must  arise  a  most  probable  occa- 
sion of  quarrels  and  hostilities.  Again,  many  things  stand  in  need  of 
hunmn  labour  and  culture,  either  for  their  production  or  to  fit  and  pre- 
pare them  for  use.  But  here  it  was  very  inconvenient  that  a  person  who 
had  taken  no  pains  about  a  thing  should  have  an  equal  right  to  it  with 
another  by  whose  industry  it  was  either  first  raised  or  exactly  wrought 


VII8T.S. 


CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS.    635 


il  may  have 
■cssed  upoii 
it  servo  his 

IMopriation 
lat  of  occu- 
>nn  liypoth- 
subsequeut 
L'|H'ii<l  upon 
e  (act  upou 
ty  (if  man. 
soil  for  the 

itiiulit't  it.) 

tns.    Chap. 

"  is  spoken 
iiiK'  always 
i*ms,  and  is 

.  IV,  eh.  V. 

nd  by  cove 
'one  single 
undition  of 

Thus,  the 
uruiture  of 
I.    Indeed, 

of  nature 
rliat  would 

things,  or 
idy  for  the 
safety  and 

0  consider- 
.  of  living; 

1  the  desire 
;fy  them  all 
•rid  affords 

time.  As 
•into  prop- 
em.  Most 
he  ends  of 
>  produced 
)ply  to  all. 
ing,  which 

seize  and 
)able  occa- 
in  need  of 
t  and  pre- 
lerson  who 

to  it  with 
y  wrought 


and  framed,  to  render  it  of  further  service.  It  was  higiily  conducive, 
then,  to  the  common  |)eaco  that  immediately  u))on  the  nudtiplication 
<»f  nuuikin<l,]tro])erty  siiould  be  appointed  in  movable  things, espe(;iall> 
such  as  require  the  labour  and  improvement  of  men,  and  in  those  immov- 
al)les  which  are  of  immediate  and  necessary  use,  as  houses  for  instance; 
so  that  the  substance  of  them  should  belong  either  separately  to  par- 
ticular persons,  or  to  such  a  number  of  men  as  had  by  peculiar  covenant 
agreed  to  hold  them  in  tlio  way  of  positive  eommuni(»n.  Further, 
although  there  appears  scmie  reason  in  these  things  why  they  shouhl 
rather  belong  to  sonie  than  to  others,  yet  the  l)omini«Mi  or  Property  of 
them,  sucih  as  implies  the  exclusion  of  all  persons  b»^*iiiie,  was  to  be 
conllrnied,  at  least  by  tacit  <-ompact 

VII.  Tliat  the  settling  distinct  jnoperties  turned  to  the  real  benefit 
and  advantage  of  men,  when  grown  more  numerous,  may  be  illustnitcd 
from  the  same  arguments  which  Aristotle  brings  to  overthrow  the 
Platonic  connnnniou  of  goods.  *  *  •  Upon  the  introduction  of 
property  every  one  grciws  more  industrious  in  improving  his  peculiar 
portion,  and  matter  and  oc<!asion  is  supplied  for  the  exercise  of  liber- 
ality and  beneficence  towards  others. 

Pradier-F' T)KBj':,  Traite  de  Droit  international  public,  vol.  IV.    Paris, 
1888.     Pt.  Second,  Title,  I.  Ch.  in.     Paris,  188J>,  p.  22. 

There  is  no  need  of  insisting  very  much  to  prove  that  commerce  is  a 
necessity  of  the  social  state;  that  it  is  the  result  of  obligations  arising  ' 
from  fellowship.  It  has  been  for  a  long  time  a  commonplace  that  the 
end  of  the  human  being  is  to  live,  not  alone,  but  with  his  kind,  in  order 
to  deveh)p  his  intelligence,  to  extend  his  ideas,  an<l  to  provide  for  his 
physical  needs  in  giving  his  labor  in  exchange  for  what  he  lacks;  that 
men  cannot  live  without  the  reciprocity  of  their  services  more  than 
without  the  means  of  satisfying  their  needs;  that  rich  or  poor,  imwerful 
or  feeble,  they  it  re  all  more  or  less  dependent  upon  one  amither;  tiiat 
it  is  a  duty  for  social  man  to  do  everything  which  can  contribute  to  assist 
and  to  extend  fellowship,  which  is  his  end  and  his  natural  state.  Now 
commerce  being  the  principal  means  by  which  men  can  communicate 
with  each  other  in  fellowship,  and  tr.ansmit  things  necessary  or  agree- 
able to  life,  the  philosophers  deduce  therefrom  that  it  is  the  consequence 
of  a  natural  (ibligation.  But  this  obligation  they  do  not  consider  as 
perfect, — that  is  to  say,  as  accompanied  with  the  right  to  constrain ;  for 
outside  of  every  formal  stipulation  one  cannot  force  anyone  to  sell  what 
he  has,  or  to  buy  what  he  has  not. 

Twiss,  Law  of  Nations,  vol.  I,  sec.  144,  j).  231.     New  Ixlition,  1884. 

Sec.  144.  The  Roman  Jurists  regarded  certain  things  as  incai>al)le 
by  nature  of  being  appropriated.  "  Et  quidem  nattirali  Jure  commnnia 
sunt  oinninm  luvc,  aer,  aqua  profluens,  et  viare,  et  per  hoc  littora  marisK''^ 
It  is  obvious  that  the  air,  running  water,  and  the  sea,  are  not  suscep- 
tible of  detention,  and  conseijuently  cannot  be  physically  reduced  into 
possession,  so  as  to  give  rise  to  that  permanent  relation,  which  is 
implied  in  the  juridical  notion  of  property.  "Again  Nature  does  T5ot 
give  to  man  a  right  of  appropriating  to  himself  things  which  may  be 
innocently  used,  and  which  are  inexhaustible  and  sufficient  for  all. 
For  since  those  things,  while  common  to  all,  are  sufficient  to  supply  the 

>  Just.  Inst.  L.  II.  Tit,  I.  Sec.  1. 


636    CITATIONS  FROM  WRITINGS  OP  JURISTS  AND  ECONOMISTS. 


wants  of  each,  wlioever  should,  to  the  exdusiou  of  all  other  partici- 
pants, attempt  lO  render  himself  sole  proprietor  of  them,  would  uurea- 
sonably  seek  to  wrest  the  bouuteous  gifts  of  Nature  from  the  parties 
excluded'.  There  is  accordingly  no  warrant  of  Natural  Law  for  an 
absolute  Right  of  Property  in  tlie  running  water  of  rivers  {Kquapar- 
ennis)  any  nn)re  tiian  in  the  tidal  water  of  the  sea.  But  if  tlie  free  and 
common  use  of  a  thing  of  this  nature  (namely,  which  is  of  itself  inex- 
haustible) be  i)rejudicial  or  d.angerous  to  a  nation,  the  care  of  its  own 
safety  will  entitle  it  so  far,  and  so  far  only,  to  coutrnl  the  use  of  it  by 
others,  as  to  secure  that  no  prejudice  or  danger  result  to  itself  from 
their  use  of  it.  A  nation  may  accordiujiiy  have  a  Wujht  of  Empire  over 
things  which  are,  nevertheless,  by  nature  commiiuis  usiU,  and  over 
whicli  it  cannot  ac(|uire  an  absolute  Jiight  of  Fropertif;  as,  for  instance, 
over  portions  of  the  high  seas,  or  over  rivers  which  fonn  the  boundsiry 
of  its  teriitory.  The  limits  within  whicli  the  safety  of  a  nation  war- 
rants such  an  exercise  of  empire  will  be  considered  hereafter. 

Kkddie:   Inquiries  into  International  Law.     Pt.  II.  ch.  v.,  sub  sec.  IT., 
Art.  2,  p.  'im.    L'd  ed.,  1851. 

But  the  chief  source  of  the  intercourse  of  nations,  in  their  individual 
capacity,  is  the  exchange  of  commodities,  of  natural  or  artittcial  ]U'o- 
duction.  The  territory  of  one  state  very  rarely  i»roduces  all  that  is 
requisite  for  the  supply  of  the  wants  for  the  use  and  enjoyment  of  its 
inhabitants.  To  a  certain  extent,  one  st.ate  generally  abounds  in  what 
others  want.  A  mutual  exchange  of  superfluous  commodities  is  thus 
recii)rocally  advantageous  for  both  nations.  And,  as  it  is  a  moral  duty 
in  individuals  to  promote  the  welfare  of  their  neighbour,  it  ajjpcars  to 
be  also  the  moral  duty  of  a  nation  not  to  refuse  commerce  with  other 
nations,  when  that  commerce  is  n«>t  liurtful  to  itself. 

Vattel,  7th  Amer.,  lik.  II,  ch.  ii.,  sec.  21,  p.  142,  ed.  1840. 

Sec.  21.  All  men  ought  to  iind  on  earth  the  things  they  stand  in  need 
of.  In  the  ]iriinitive  state  of  communion,  they  took  them  wherever 
they  happened  to  meet  with  them,  if  another  had  not  before  a])pro- 
priated  them  to  his  own  use.  The  introduction  of  dominion  and  pro])- 
erty  ccmld  not  deprive  ine»;  of  so  essential  a  right;  and,  c(uisequently,  it 
cannot  take  ])lac(i  without  leaving  them,  in  general,  some  means  of  pro- 
curinji-  vrhat  is  useful  or  necessary  to  them.  This  moans  is  commerce; 
by  it  every  man  may  still  supply  his  wants.  Things  being  now  become 
I)roporty,  there  is  no  obtaining  them  withcmt  the  owner's  consent,  nor 
are  they  usually  to  be  had  ibr  nothing;  but  they  may  be  bought,  or 
exchiinged  ibr  oth<r  things  of  equal  value.  Men  are,  therefore,  under 
an  ohlijiation  to  (^arry  on  that  commerce  with  each  other,  if  they  wish 
not  to  deviate  from  the  vieicH  of  nature;  and  this  obligation  extends  also 
to  ichole  nations  or  states.  It  is  seldoi..  that  nature  is  seen  in  one  place 
to  ])r()(luco  everything  necessary  ibr  the  use  of  man;  one  country 
abounds  in  corn,  another  in  ]tasturcs  and  cattle,  a  third  in  timl»er  and 
metals,  «S:c.  If  all  those  countries  tradj  togetlier,  as  is  agreeable  to 
human  nature,  no  one  of  them  wil'  be  ^vithout  such  things  as  are  use- 
ful and  necessary;  and  the  views  of  nature,  our  common  mother,  will  be 
fulfilled.  Further,  one  country  is  fitter  for  some  kind  of  products  than 
lor  another,  as,  for  instance,  fitter  for  the  vine  than  for  tillage.  If  trade 
and  barter  take  place,  every  nation,  on  the  certainty  of  procuring  what 
it  wants,  will  employ  its  lands  and  its  industry  in  the  most  advantage- 

iVattei,  L.  I.  Sec.  280. 


3MISTS. 


CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.    637 


tlier  partici- 

tvoiilrt  uurea- 

n  the  parties 

Law  for  an 

r.s  {(i(jua])er- 

tlii'  fVcci  and 

f  itself  inox- 

(i  of  its  own 

use  of  it  by 

0  itself  fiom 

Empire  over 

At,  and  over 

for  instance, 

le  boundary 

nation  war- 

er. 

sub  sec.  IT., 

r  indivi(hial 
tificial  i)ro- 

all  that  is 
'nient  of  its 
lids  in  what 
ties  IS  thus 
niornl  duty 

appears  to 
with  other 


and  in  need 
1  wherever 
tore  aj)pro- 
1  and  pro])- 
?quently,  it 
ansof  pro- 
commerce; 
ow  become 
>nsent,  Jior 
bought,  or 
fore,  nmkr 
t\wy  wish 
:tends  also 
>  one  1  (lace 
e  c((untry 
miter  anil 
leeable  to 
s  are  use- 
er,  vill  be 
lucts  than 
If  trade 
ring  what 
il  vantage- 


ous  manner,  and  mankind  in  general  prove  gainers  by  it.  Such  are  (he 
foundations  of  the  general  obligations  incumbeut  on  nations  recipro- 
cally to  cultivate  commerce. 

P.  PuADiEB-FoD^RK,  Tmite  de  Droit  international  pnhliv  curopeen  et 
amcricain,  suivant  les  progri's  de  la  science  et  de  la  pratique  contem- 
poraines,  vol.  II,  sec.  598,  p.  131  et  seq.     Paris,  1885. 

It  is  sufficient  to  consider  the  conditions  of  existence  in  human  soci- 
ety in  order  to  convince  oneself  that  the  right  of  property  is  the  key- 
stone of  the  social  editice.  lilconomists  point  out  to  us  the  idea  of 
l)roperty  or  owneiship,  connected  with  the  idea  of  wealth  created  by 
man  ap])iying  his  faculties  to  the  production  of  those  things  which  are 
calculated  to  meet  the  wants  that  are  inherent  in  his  nature,  and  that 
are  not  found  in  profusion,  as  air,  light  and  water  are.  Philosoi)hei'8 
teach  us  that  the  source  of  the  riglit  of  property  lies  in  that  individual 
interest  which  takes  care  of  the  preservation  of  the  individual  and  of 
his  family,  and  which,  maintained  by  respect  for  the  interest  of  others, 
is  the  universal  motor  of  nmnkind,  and,  by  its  multiplicity,  forms  the 
general  or  common  interest,  without  excluding  duty  and  sympathy,  or 
the  sentiment  of  humanity,  which  are  also,  to  a  certain  extent,  social 
bonds  among  men,  and  springs  of  action  for  them;  hence  the  feeling 
and  the  need  of  property  (owner8hii>)  are  inherent  in  the  nature  of  every 
human  b«'ing.  Historians  remind  us  that  men,  by  nature,  live  in  fam- 
ilies, oi  lU  collective  or  social  groups,  and  that  pro])erty  is  found,  orig- 
inally, antong  all  tribes,  de  facto  at  tirst,  and  soon  as  an  idea,  more  or 
^ess  clear  perhaps,  but  always  invariably  tixed.  We  everywhere  see 
man  appropriate  all  that  he  needs  and  what  he  jtroduces,  at  first  liis 
bow  and  arrows,  next  his  hut,  au<l  still  later  his  house,  his  garden,  his 
land,  after  he  has  abandoned  a  nomadic  mode  of  life  and  bec(nne  an 
agriculturist.  As  man  becomes  developed,  he  becomes  more  attached 
to  what  he  possesses,  and  experiences  greater  need  of  security  in  the 
possession  of  what  belongs  to  him.  It  is  for  the  i)urpose  of  obtaining 
this  se(;urity,  as  well  as  for  that  of  satisfying  his  essentially  social 
instincts,  as  Aristotle  sai<l,  that  he  unites  with  his  fellow-beings  to 
form  with  them,  obeying  the  impulse  of  special  vocations  and  the 
determination  of  d'  .'ciniinaU'  (ircumstances,  associations  more  or  less 
consideralne,  coniminiitiesan«l  states. 

These  me  i,  beinj;,  tlnis  rjiited  and  grouped,  jilace,  of  their  own 
accord,  a  ])ortioir  of  their  incomes  in  the  common  fund,  and  accept,  or 
institute,  or  submit  to  from  the  auth.orities,  iiowers  and  governments, 
fnnn  wliich  they  expect  a  guaranty  of  the  ownershij*  of  the  fruits  ((f 
their  li'bcn-,  to  which  they  give  the  force  necessary  to  curl)  those  ])as- 
si,>:is  \vliich  are  inspired  by  cupidity  and  a  desire  for  control,  and  the 
means  of  .'laintainiug  this  force,  together  with  the  exe<utive  pow- 
ers, the  mag^tracies  and  otht;  institutions  required  by  their  duties. 
Josei)h  Garni. M',  the  economist,  has  drawn  a  grajdiic  picture  of  social 
activity.  "Ti.e  necessity",  says  he,  "to  jtrocnie  food  and  raiment, 
sheltei',  and  the  means  of  satisfying  the  other  needs  of  life,  gives  rise 
to  the  cultivation  of  fields  and  to  tlie  working  of  mines  and  quarries, 
which  occupies  a  itortion  of  the  pO')ulati(m.  while  another  jtortion  cul- 
tivates tiie  soil,  and  exchanges  its  labor  and  services  with  the  lirst.  It 
is  aided  in  this  exchange  by  a  third  poiti(m  of  the  jxtpulation,  which 
serves  as  an  intermediary,  busying  itself,  more  particularly,  with  the 
conveyance,  by  i"eans  of  tran8])ortation  and  exchang",  of  the  agricnl- 
turpl  production  ana  manufactured  articles  from  tlie  places  of  jno- 
duction  to  the  hands  of  the  consumers.    Another  large  class  of  workers 


638    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

et\ga,^e  in  scientific  pursuits,  in  teaching,  literature,  in  governmental 
functions  (Judicial,  military  or  administrative),  in  the  healing  art,  in 
traveling,  in  the  fine  arts,  etc.,  and  render  more  or  less  indirectly,  or 
with  the  ai<l  of  intermediaries,  their  services  to  agricultural  produc- 
tions or  manufactured  articles,  which  consist,  to  a  great  extent,  of 
alimentary  substances.  What  animates  everybody,  what  stimulates 
the  agriculturist,  the  extractor,  the  manufacturer,  the  merchant,  the 
artist,  the  scientist,  the  contractor  or  the  workman,  is  need,  interest, 
liberty  of  action".  (Joseph  Garnier,  Traiie,  (Veconomie  politique, 
edition  de  1873,  Partie  II,  no.  70,  p.  50.) 


m  * 


Thf.o.  D.  Woolsey,  Political  Scimce,  vol.  I,  pp.  69-70.    New-York, 

1878. 

2.  How  can  the  individual  acquire  property  in  material  which  is  not 
his  by  expending  labor  upon  it?  Who  gave  him  the  right  to  take  a  por- 
tion of  matter  which  is  not  his  own,  and  cannot  be  his  own  because  it 
is  not  the  i)roduct  of  his  labor?  Or,  if  he  is  addicted  to  pastoral  li^e. 
what  right  has  he  to  appropriate  sheep  or  cows  at  the  lirst,  or  to  claim 
any  right  in  his  Hocks  which  have  multiplied  by  the  use  of  the  soil  a'*; 
by  a  natural  propagation  which  is  not  even  the  result  of  his  direct 
labor?  Will  it  be  said  that  human  beings  must  live,  and  in  order 
that  they  may  live  nmst  have  control  over  the  earth,  over  animals,  and 
natural  agents?  Very  true;  but  this  necessity  depends  on  a  nature 
piid  destiimtion  of  human  beings  which  is  the  source  of  the  right  of 
labour  as  well  as  of  other  rights. 

3.  But  in  matter  of  fact,  for  all  the  higher  uses  of  labor,  for  agricul- 
ture, for  buildings,  for  ways  of  intercourse,  the  earth  itself  is  material 
and  is  prepared  for  use  like  any  other  product.  Land  is  cleared, 
fenced,  broken  up;  seed  is  sown,  croi)8  are  gathered;  when  the  returns 
diminish,  manures  are  saved  and  applied,  houses  are  put  up  for  the  men 
and  ])eihap8  for  the  cattle.  If  the  highest  improvement  and  greatest 
multiplication  of  the  human  race  depends  on  this  kind  of  life,  Avhich 
makes  all  division  of  labour,  and  all  city-life  possible,  here  we  have 
the  destination  of  man,  his  highest  culture  pointing  to  a  recognition  of 
a  right  to  do  such  things  and  to  be  sure  of  permanence  in  occupation, 
as  well  as  of  a  right  of  transfer  if  the  owner  desires. 


Henry  Ahrens,  Course  of  Natural  Law.    Vol.  II,  Bk.  I.  Div.  I.  Sec.  2. 
Title  1,  ch.  III.    Leipsig,  1875. 

f^ect.  Gi. — General  Prineiples  that  Regulate  the  Bight  of  Property  in 
the  interest  of  /Society. 

The  definitions  of  the  right  (droit)  of  property  given  by  positive  laws 
generally  concede  to  the  owner  the  power  to  dispose  of  his  object  in 
an  almost  absolute  manner,  to  use  and  abuse  it,  and  even  thnmgh 
cai)rice  to  destroy  it ' ;  but  this  arbitrary  power  is  not  in  keeping  with 
natural  law,  and  jiositive  legislation  obedient  to  the  vo.ce  oi  coumion 
sense,  and  reason,  in  tlie  interest  of  society,  has  been  obliged  itself  to 
establish  numerims  lestrictions,  which  examined  froni  a  philosophic 


'Roman  law  gave  the  owner  the  _/m8  iitetidi  et  abutendi :  after  '!io  Atist'inn  Coile 
(11,  2,  Sec.  3(i2),  he  has  the  jtower  (facultf^)  to  destroy  ailtitraril.v  ;  i  at  whicii  belongs 
to  bini.  Tlie  Code  Napoloon,  which  delines  property  as  "the  ri;''t  to  onjo-  nud  to 
dispose  ot  things  in  the  nic'<t  absolute  manner,  provided  no  "sa-.'c  bi-  maO'  f  ihem 
forbidden  by  the  laws  or  by  the  regulationb",  interposed  so*  iai  iiitt'u-ii  hy  this 
restriction. 


3MISTS. 

overnmeutal 
saliiig  art,  in 
iidirectly,  or 
ural  produc- 
it  extent,  of 
t  stimulates 
ercliant,  the 
ied,  interest, 
id  politiqve, 


New-York, 

which  is  not 
0  take  a  por- 
n  because  it 
>ast,oral  li'e. 
,  or  to  ol&iia 
the  soil  It'-', 
•f  his  direct 
id  in  order 
uiinials,  and 
on  a  nature 
the  right  of 

for  agricul- 
^  is  material 

is  cleared, 
the  returns 

for  the  men 
nd  greatest 
■  life,  which 
re  we  have 
30gnition  of 
occupation, 


V.  I.  Sec.  2. 

Property  in 

)sitive  laws 
8  object  in 
*n  through 
eping  with 
oi  common 
d  itself  to 
)hiIosophic 

ist-iiui  (Vie 
liitii  i.'i'longs 
uijo-  nu<l  to 
ad'  7  ihem 
':  i-'ii  bv  this 


CITATIONS  PROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.    639 

view  of  law,  are  the  result  of  rational  principles  to  which  the  right  of 
property  and  its  exercise  is  subjected. 

The  principles  which  govern  socially  the  right  (droit)  of  property 
relate  to  substan(;e  and  to  form. 
As  to  substance,  the  following  rules  may  be  established: 
I.  Property  exists  for  a  rational  purpose  and  for  a  rational  usage;  it 
is  destined  to  satisfy  the  various  needs  of  human  life  ;  consequently, 
all  abuse,  all  arbitrary  destrxiction,  are  contrary  to  right  (droit)  and 
should  be  prohibited  by  law  (lot).  But  to  avoid  giving  a  false  exten- 
sion to  this  principle  it  is  important  to  recall  to  mind  that,  according 
to  personal  rights,  that  which  is  committed  within  the  sphere  of  pri- 
vate life  and  of  that  of  the  family,  does  not  come  unuer  the  applica- 
tion of  public  law.  It  is  necessary,  therefore,  that  the  abuse  be  public 
in  order  thai  the  law  may  reach  it.  It  belongs  to  the  legislation  regu- 
lating the  various  kinds  of  agricultural,  industrial,  and  commercial 
property,  as  well  as  to  penal  legislation,  to  determine  the  abuses  which 
it  is  important  to  protect ;  and,  in  reality,  legislation  as  well  as  police 
laws  (orders,)  have  always  specified  a  certain  number  of  cases  of 
abuses '.  Besides  all  abusive  usage  is  hurtful  to  society,  because  it  is 
for  the  i)ublic  interest  that  the  object  should  give  the  owner  the  advan- 
tages of  the  services  of  which  it  admits.'* 

Vattel,  Law  of  nations,  chap,  xiii,  sees.  281,  282,  p.  125. 

Sec.  281.  It  is  manifest  that  the  use  of  the  open  sea,  which  consists 
in  navigation  and  fishing,  is  innocent  and  inexhaustible;  that  is  to  say — 
he  who  navigates  or  fishes  in  the  open  sea  does  no  injury  to  any  one, 
and  the  sea  in  these  two  respects  is  sufficient  for  all  mankind.  Now 
nature  does  not  give  to  man  a  right  of  appropriating  to  himself  things 
that  may  be  innocently  used,  and  that  are  inexhaustible  and  sufficient 
for  all.  For,  since  those  things,  while  common  to  all,  are  sufficient  to 
supply  the  w^ants  of  each,  whoever  should,  to  the  exclusion  of  all  other 
participants,  attempt  to  vender  himself  sole  proprietor  of  them,  would 
unreasonably  wrest  the  bounteous  gifts  of  nature  fi'om  the  parties 
excluded.  Tlie  earth  no  longer  furnishing,  without  culture,  the  things 
1  .cessary  or  useful  to  the  human  race,  who  were  extremely  multiplied, 
}^  l»ecame  necessary  to  introduce  the  right  of  property,  in  order  that 
yach  might  apply  himself  with  more  success  to  the  cultivation  of  what 
Vad  r.iUeu  to  his  share,  and  multiply,  by  his  labor,  the  necessaries  and 
,.:>  .veniences  of  life.  It  is  for  this  reason  the  law  of  nature  approves 
the  rights  of  dominion  and  property,  which  put  an  end  to  the  primitive 
manner  of  living  in  common.  But  this  reason  cannot  apply  to  things 
which  are  in  themselves  inexhaustible;  and,  consequently,  it  cannot 
furnish  any  just  grounds  for  seizing  the  exclusive  possession  of  them. 
If  the  free  and  conmion  use  of  a  thing  of  this  nature  was  prejudicial  or 
dangerous  to  a  nation,  the  care  of  their  own  safety  would  authorize 


'  On  the  orcaHion  of  tbo  debata  of  Art.  544,  which  dofincd  property,  Napoleon 
expres^'.ed  energetically,  the  necessity  of  Hup])re88ing  abuses.  "The  abuse  of  prop- 
erty'', said  ho,  "should  be  suppressed  every  time  it  l)eeomes  hurtful  to  society, 
'''hns,  it  is  not  allowed  to  cut  down  unripe  grain,  to  pull  up  famous  grape-vines.  I 
would  not  suffer  that  an  individual  should  smite  with  sterility  twenty  leagues  of 
ground  in  a  grain-bearing  department  in  order  to  make  for  himself  a  park  thereof. 
The  right  of  abuse  docs  not  extenil  so  far  as  to  deprive  a  people  of  its  sustenance." 

'^ Roman  law  says  in  tiiis  sense,  Sec.  2,  I,  de  patr.  pot.  1,  8:  Eipedil  enim reipnhlicw 
we  «Mrt  re  quit  male  niatui;  Leibnitz  further  expands  this  principle  of  the  Roman 
law  by  saying,  ( l>c  nolionihuHiiirh,  etc.) :  "  Ciimnos  noalraqur  Deo  debeamtta,  ut  reipub' 
lica;  ita  multo  mayit  univerei  ititerest,  ne  qui»  re  sua  male  utatur. 


G40    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

them  to  reduce  that  thing  under  their  own  dominion,  if  possible,  in 
order  to  restrict  tlie  use  of  it,  by  such  precautions  as  i)rudence  might 
dictate  to  them. 


Fk^RK.  Noureau    droit    international  public,  traduit    par    Pradier- 
Jb'ODERj':,  vol,  I,  ch.  II,  p.  37(5,  ed.  1868. 

Now  that  we  have  determined  the  objects  over  which  one  can  exercise 
the  right  of  international  ownership,  it  is  necessary  to  establish  the 
means  by  which  we  can  acquire  the  ownership  of  them.  It  is  certain 
that  the  right  of  ownership  exists  independently  of  all  actual  posses- 
sion, but  the  effective  ownership  presupposes  a  detention  and  an  actual 
occupation  of  the  thing  which  forms  ^^e  object  thereof.  This  is  why  it 
is  defined  as  the  right  of  possessij'^  a  thing  exclusively  and  of  dispos 
ing  of  it.  In  order  that  a  thing  aiay  pass  into  the  domain  of  an  indi- 
vidual, whether  it  be  physical  or  moral  matters  not,  two  conditions  are 
re<iuired;  that  i  r  .bi"!Ct  should  be  capable  of  being  attributed  to  the 
exclusive  use  of  o  dividual,  and  that  it  should  pass  into  his  posses- 
sion for  his  oxclus  use.  When  the  individual  occupies  the  thing, 
and  engraves  npon  ic  by  his  labour  the  seal  of  his  personality,  the 
thing  remains  bound  to  the  person,  so  that  between  the  individual  and 
the  thing  an  indestructible  legal  bond  is  formed. 

Henry  Ahrens,  Course  of  natural  Late,  or  of  the  philosopky  of  law, 
vol.  11,  title  2,  par.  07,  p.  171-176.    Leipzig,  1875.     Ed.  7. 

Ill  the  tirst  period  of  mankind,  governed  more  by  instinct  than  by  the 
light  of  conscience,  tlio  two  constitutive  elements  of  i)roperty  were  not 
yet  distinguished  from  each  other:  instinct  moved  men  to  seek  in  com- 
mon the  necessary  menus  to  satisfy  their  first  needs.  But  as  men,  at 
that  period,  in  the  feeling  of  their  weakness  and  their  dependence,  were 
more  strongly  subject  to  the  influences  of  the  superior  forces  of  nature, 
of  God,  and  of  social  order,  they  must  also  have  traced  back  to  a  higher 
souvce  all  that  which  the  earth  ])roduces  to  satisfy  their  wants.  The 
goods  of  the  earth,  therefore,  were  looked  npon  as  a  gift  from  God  to 
all  for  common  enjoyment.  The  idea  of  individual  property  could  not 
suggest  itself  to  tiie  mind  so  long  as  spontaneity  {spontaniete)  of  action, 
aw^akened  by  labor,  was  too  feeble  to  engender  the  feeling  of  personal 
individuality,  liulivisible  community  of  property  in  the  various  fam- 
ily and  tribal  groups,  etc.,  founded  upon  a  religious  thought,  should 
have  been  the  law  {loi)  of  this  first  i)eriod  of  the  world,  the  existence 
of  which  has  been  testified  to  by  the  principles  of  philosophy  and  by 
the  traces  which  are  found  in  the  most  ancient  documents  of  history. 

lUit  by  degrees,  as  spontaneity  acquired  more  energy,  that  individual 
{personnel)  labor  became  more  intense,  general  (common)  ties  began  to 
shrink;  each  one  commenced  to  separate  from  the  whole  and  to  direct 
Ills  sight  and  his  sentiments  on  the  parts  which  lay  nearest  him;  he 
allied  himself  more  intimately  with  the  family  or  the  tribe  in  the  midst 
of  Avhich  he  lived;  thus  his  relations  gained  in  intensity  what  they  lost 
in  extensiveness.  Then  the  epoch  dawned  when  opposition  between 
the  whole  and  the  portions  of  a  i)eople,  and  even  of  peoples  among  one 
another,  became  more  and  nune  pronounced,  and  revealed  in  a  succes- 
sion of  various  periods  the  struggle  of  the  different  social  and  national 
elements.  This  protracted  and  painful  epoch  of  history  presents  great 
strides  in  the  developinent  of  property.  Men,  emerging  from  their  first 
period  and  still  imbued  with  the  views  and  the  sentiments  which  had 
predominated  therein,  had  first  to  gradually  make  a  distinction  between 


tflSTS. 


CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS.    641 


possible,  ill 
ieuce  might 


Pradier- 


!an  exercise 
itablish  the 
t  is  certain 
iijil  posses- 
(1  ail  actual 
is  is  wliy  it 
I  of  dispos 
of  an  indi- 
iditions  are 
iited  to  the 
his  posses- 
the  thing-, 
)nahty,  the 
Lvidual  and 


phy  of  law, 

■ban  by  the 
ty  were  not 
eek  in  com- 
as men,  at 
lence,  were 
}  of  nature, 
to  a  higher 
ants.  The 
om  God  to 

conld  not 
')  of  action, 
►f  personal 
irious  fam- 
ht,  should 

existence 
»hy  and  by 
of  liistovy. 
individual 
s  began  to 
d  to  direct 
;t  him;  he 

the  midst 
t  tliey  lost 
II  between 
imcmg  one 

a  suc(!e8- 
d  national 
Bnts  great 

their  first 
(vhich  had 
u  between 


the  ])ropeity  of  the  family  or  of  the  tribe,  and  the  ground  or  earth  which 
God  had  given  to  all.  The  division  of  the  common  eartli  began,  less 
in  regard  to  projierty  (propriete)  than  in  regard  to  usage,  enjoyment  or 
usufruct.  These  ideas  were  to  be  modified  in  nomadic,  pastoral  and 
agricultural  life  to  which  men  devoted  themselves.  The  notions  of 
usage  anu  of  enjoyment  were  transformed  into  the  most  settled  idea  of 
property,  when  families  and  tribes  began  fastening  to  the  soil  after 
relinquishing  nomadic  life,  and  claiming  from  the  earth  by  agricultural 
labor  the  means  of  livelihood  which  until  then  they  had  found  on  its 
surface.  But  albeit  the  idea  of  property  developed  itself  naturally 
through  the  labor  of  appropriation  of  the  eai'th,  the  thought  of  indi- 
vidual property  was  to  remain  still  a  long  time  foreign  to  the  mind. 
Each  one  considered  himself,  first  of  all,  as  a  member  of  a  family  or  of 
a  tribe,  and,  as  labor  was  performed  in  common,  the  products  were  also 
distributed  by  family  or  by  tribe.  It  is,  hence,  an  error  to  believe  that 
proi)erty  should  have  begun  by  individual  occupation  or  by  personal 
labor.  The  institution  of  i)roperty,  like  that  of  society,  was  not  created 
by  individual  aggregation,  atomistically,  but  by  the  constitution  of 
collective  property  in  the  heart  of  the  collective  being,  superior  of  the 
family,  of  the  f/ent  or  of  the  tribe. 

This  ])eriod  of  family  pr(>])erty  and  of  collective  property  of  the  tribe 
has  been  met  with  among  all  nations  and  has  endured  centuries.  But 
a  final  step  remained  to  be  efffected  in  the  trend  of  api)ropriation.  The 
individual  was  to  conclude  by  attributing  to  himself  a  right^to  the 
earth,  at  first  still  con(;eding  collective  property,  the  sovereign  right  of 
concession  and  recovery  to  the  family,  to  the  tribe,  and  to  the  nation 
of  which  he  formed  a  part,  but  contiu  uilly  limiting  the  rights  of  this 
superior  authority,  and  more  and  more  securing  for  himself  exclusive 
rights  over  that  portion  of  which  he  had  taken  possession.  When  the 
individual  principle  of  property  thus  had  taken  root  in  society,  the 
social  principle  seemed  destined  to  disappear  forever.  But  at  the  very 
moment  when  the  ancient  world  fell  to  i)ie<'es,  where  egotism  had  per- 
vaded everything,  the  social  element  was  consecrated  anew  by  becoming 
inspired  from  a  loftier  source,  which  was  to  give  to  individuality  itself 
its  true  principle.  Christianity  reiistablished  the  religious  and  social 
principle  of  property,  at  first  by  numerous  examples  of  comnuiuity  of 
goods;  and  afterwards  by  allying  itself  to  the  Germanic  spirit  by  a 
greater  organization  of  properties,  which  were  given  an  hierarchical 
basis  {hierarchisees  entre  dies).  This  organization,  howevei',  subordi- 
nating and  claiming  human  personality  to  properties,  was  to  be  over- 
thrown when  the  principle  of  personality  reconsecrated  by  ])hilosoi)hy 
and  religious  reform,  found  especially  through  the  support  of  Konian 
law  its  application  to  the  institution  of  property,  where  it  in  turn  wjia 
pushed  to  extreme  deductions. 

MASS^i,  Le  Droit  Commercial,  tit.  II,  liv.  IV,  ch.  I,  par.  1394.   3rd  ed. 

There  is  this  difference  between  possession  and  ownership:  that  the 
possession  presupposes  a  detention  or  an  actual  occupation  of  the  thing 
which  is  the  object,  while  ownership  exists  iude])endently  of  all  actual 
possession.  It  i)resupposes  only  that  in  this  sense  the  things  which 
cannot  be  detained  or  occupied  are  not  susceptible  of  ownership. 

All  ownership  comes  from  work,  to  assist  in  which  man  has  occupied 
and  detained  the  things  susceptible  of  occupation  and  detention,  and 
has  appropriated  them  to  himself. 

Ownership  as  well  as  work  is  of  the  natural  law.    The  civil  law  guax 
antees  and  protects  the  ownership,  but  it  does  not  create. 

41  BS 


642    CITATIONS  FROM  WRITINGS  OF  JURISTS  AND  ECONOMISTS. 

1395.  I  have  just  now  said  that  the  things  which  are  not  susceptible 
of  possession  or  of  occupation,  that  is  to  say,  are  not  susceptible  of  a 
primitive  law,  are  not  susceptible  of  ownership.  They  are  the  property 
of  no  one,  or  rather,  they  are  the  proi)erty  of  all.  These  things  are 
what  the  law  writers  call  "res  cominunes".  Such  are  the  air,  the  water 
which  runs  in  the  rivers,  the  sea,  and  the  sea  coasts.  "Xaturali  jure 
omnium  communia  sunt  haec:  uer,  aqua  prollueus,  et  mare,  et  per  hoc, 
littora  maris." 


'M 


m 

i  4*  -ii-  « 

ir- 


PRADiEB-FoD^Rfi,  Principes  genvraux  de  Droit,  de  Politique  et  de  Legis- 
lation, p.  138.    Paris,  1869. 

Objects  of  property  {ownership.) — What  may  the  objects  of  property  be? 
We  appropriate  to  our  own  use  what  we  have  produced  and  what  we 
have  saved,  the  soil  that  we  have  occupied,  and  the  industrial  faculties 
that  we  have  acquired.  These  various  appropriations  constitute  sev- 
eral kinds  of  property;  property  in  labor,  property  in  capital,  landed 
property  and  personal  property.  The  sources  of  these  properties  are 
labor,  economy,  and  occupation.  As  to  the  industrial  faculties,  they 
are  either  gifts  of  nature,  such  as  bodily  strength,  intelligence  and  natu- 
ral talent,  or  they  are  the  fruits  of  our  own  care  and  painstakins?,  such 
as  instruction  and  acquired  talents. 

The  acquisition  of  property. — These  diflFerent  kind^  of  property  are  all 
entitled  to  the  respect  of  man ;  some  of  them  are  sacred.  How  can  we 
refuse  to  him  who  has  made  efforts  to  produce,  the  ownership  of  the 
result  of  those  efforts?  The  production  which  leaves  his  hands  repre- 
sents the  sacrifice  of  his  time,  of  his  labor,  of  his  health,  nay,  of  his 
life.  The  man  has  saved;  he  has  imposed  upon  himself  privation  of 
enjoyment,  and  Avhen  he  might  have  rested  he  has  continued  his  hard 
labors;  how  can  he  be  deprived  of  the  ownership  of  the  result  of  this 
sacrifice?  He  has  applied  his  physical  and  moral  powers,  with  his  cap- 
ital, to  the  clearing  A  land  tl'at  belonged  to  nobody;  he  has  improved 
that  land,  has  erected  a  dwelling,  and  has  taken  possession.  Is  it  not 
just  that  such  taking  of  possession  should  be  protected  by  the  provi- 
sions of  the  law  ?  The  source  of  his  right  is  called  occupation ;  he  is  the 
first  occupant. 

Beaussire,  Freedom  in  the  Intellectual  and  Moral  World.  Pt.  I,  ch.  vm. 

Labor  is  not  a  creation  but  a  transformation.  It  needs  must  borrow 
of  Nature  the  materials  and  the  instruments.  Man  devoted  to  labor  by 
his  terrestrial  destiny  has,  therefore,  the  right  to  possess  himself  of  all 
resources  that  nature  furnishes  him.  He  has  the  light  to  fertilize  the 
earth,  to  utilize  its  products,  to  subdue  even  the  animals,  and  make  in 
one  way  or  another  docile  laborers  of  them.  Beings  deprived  of  reason 
do  not  belong  to  themselves;  they  cannot  dispose  of  themselves;  they 
follow  blindly  the  laws  that  are  laid  down  for  them;  they  belong  to  the 
intellectual  and  moral  being,  who  alone,  through  his  labor,  can  modify, 
improve,  and  utilize  them.  The  primitive  occupation  of  the  soil  and  its 
fruits,  either  by  any  individual,  any  family,  any  tribe  or  any  association 
whatsoever  is,  therefore,  perfectly  legitimate.  "It  is  a  conquest,"  says 
Leibnitz,  "over  our  natural  enemy,  the  physical  world.  Between  per- 
son and  person  the  right  of  peace  exists  so  long  as  one  of  them  has  not 
commenced  war  or  caused  a  damage,  between  a  person  and  a  thing  the 
right  of  war  is  perpetual.  The  lion  is  permitted  to  devour  a  man,  the 
mountain  to  crush  him,  and  man  is  permitted  to  subdue  the  lion  and 
pierce  the  mountain.  Victory  of  the  person  over  the  thing,  aurd  cap- 
tivity of  the  thing,  constiUitCi  possession;  and,  by  right  of  war,  posses- 


MISTS. 

suacoptible 
eptible  of  a 
be  property 

things  are 
r,  the  water 
3<turali  jure 
,  et  per  hoc, 


>'  et  de  Ligia- 

)ropertybe? 
nd  what  we 
ial  faculties 
stitute  sev- 
ital,  landed 
aperties  are 
ulties,  tbey 
;e  and  natu- 
akinn^,  such 

lerty  are  all 
iow  can  we 
■ship  of  the 
ands  repre- 
nay,  of  his 
privation  of 
ed  his  hard 
suit  of  this 
^ith  his  cap- 
,8  improved 
Is  it  not 
y  the  provi- 
in;  he  is  the 


1. 1,  ch.  VM. 

lUst  borrow 

to  labor  by 

mself  of  all 

ertilize  the 

ud  make  in 

d  of  reason 

Ives;  they 

long  to  the 

an  modify, 

soil  and  its 

association 

nest,"  says 

itween  per- 

em  has  not 

a  thing  the 

[I  man,  the 

le  lion  and 

g,  and  cap- 

ar,  posses- 


CITATIONS  FROM  WRITINGS  OF  JURISTS  \HD  ECONOMISTS.    643 

sion  grants  to  the  person  a  right  over  the  thing,  provided  the  thing 
belongs  to  no  one.' 

Page  396. 

There  is  a  first  class  of  duties  which  seems  to  justify  the  right  of  prop- 
erty :  these  are  our  duties  to  ourselves.  They  impose  upon  us,  in  facit, 
with  the  care  of  our  life,  the  obligation  of  foresight.  It  is  the  condition 
of  the  savage,  as  well  of  the  animal,  not  to  be  able  to  use  for  food  more 
than  the  fruits  that  hang  on  the  trees,  the  plants  which  the  soil  pro- 
duces without  cultivation,  the  animals  which  the  chase  or  which  a  happy 
hazard  casts  in  the  way.  From  our  first  step  into  civilized  life  we  do 
not  fulfil  our  duty  as  men  unless  we  seek,  by  intelligent  and  sustained 
labor,  to  overcome  nature  and  to  apply  all  its  forces  to  the  service  of 
our  needs,  present  and  future.  By  this  we  free  ourselves  from  the  sub- 
jection of  the  physical  world  and  the  de])endence  of  our  equals;  we 
enter  fully  upon  possession  of  our  moral  freedom.  But  on  what  condi 
tion?  That  our  equals  as  individuals  or  in  society  shall  not  have  the 
right  to  wrest  from  us  the  things  which  we  have  appropriated  by  this 
preserving  labor,  that  we  may  rely  on  permanent  possession.  Work 
founds  proprietorship,  not  because  it  is  a  free  use  of  our  faculties,  but 
because  it  is  a  duty. 

Courcelle-Seneuil,  Theoretical  and  Practical  Treatise  of  Political 
Economy.    Vol.  I,  liv.  II,  ch.  v,  p.  292,  2nd  ed.     Paris,  1867. 

The  desire,  the  temptation,  to  consume  is  a  permanent  force;  its 
action  can  only  be  suspended  by  controlling  it  through  another  force, 
which  also  is  always  lasting.  It  is  clear  thtat  each  one  would  consume 
the  greatest  possible  amount  (le  plus  possible)  if  it  were  not  for  his 
interest  to  abstain  from  consuming.  He  would  cease  to  abstain  as  soon 
as  he  would  cease  to  have  his  interest,  which  should  endure  without 
interruption  in  order  that  capital  should  always  be  preserved.  This  is 
why  we  say  that  interest  is  the  remuneration  of  this  labor  of  saving 
and  preserving,  which  is  a  necessary  condition  of  industrial  life,  because 
without  it  capital  in  whatever  form  it  might  be  could  not  be  lasting. 

Page  35. 

Three  attributes  distinguish  the  objects  comprised  under  the  generic 
name  of  wealth;  they  are  suited  to  satisfy  human  wants,  that  is  to  say, 
useful,  material,  and  appropriate. 

Wealth  considered  from  the  standpoint  of  its  origin  is  natural  or 
artificial.  The  first  is  that  which  nature  directly  offers  to  man,  and 
which  without  previous  labor  he  can  appropriate  to  satisfy  his  needs ; 
such  are  the  spontaneous  fruits  of  the  earth,  the  earth  itself,  and  mat- 
ter in  general  in  its  primitive  forms.  The  second  is  that  of  which  its 
utility  is  the  result  of  human  labor  in  some  sort;  and  moreover,  the 
objects  entitled  wealth  are  not  to  take  this  name  except  they  unite  the 
three  characteristics  indicated  above. 

It  is  not  necessary  still  to  insist  on  utility;  all  the  world  agrees  that 

that  which  is  desired  by  no  one  cannot  be  comprised  among  wealth 

whether  considering  the  earth  or  the  sea;  as  soon  as  appropriation  and 
enjoyment  of  utility  commences,  there  is  wealth;  as  soon  as  utility  or 
appropriation  ceases  wealth  disappears. 

'Nova  metbodiiH  disceutUc  doceudiequejurisprudentine.     Duteus,  III,  p.  213. 


